Pre-Trial Procedures

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  • Created by: Grace
  • Created on: 29-04-13 18:41
What are the three categories of offence, which court are they tried in and 1 e.g of a crime for each offence
Summary- Magistrates, common assault Triable Either Way- Magistrates or Crown, theft Indictable- Crown Court, murder.
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What is an Early Administrative Hearing for?
speeds up legal process, solves problems quickly rather than delaying or adjourning, looks at things like: legal aid, pre-sentence and medical reports, custody and bail
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What happens at a plea before venue? (for triable either way offence)
D pleads guilty or not guilty
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What happens if D pleads guilty? (for triable either way offence)
the magistrates decide if they have sufficient sentencing powers, if they don't D is sent for crown court for sentencing.
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If D pleads guilty can he get a crown court trial? (for triable either way offence)
No- must be tried in the magistrates court.
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What happens if D pleads not gulity? (for triable either way offence)
Mode of trial hearing
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what happens at a Mode of Trial hearing?
decides where the case will be heard if D has pleaded not guilty, magistrates will consider their jurisdiction
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What happens if magistrates accept case at mode of trial hearing?
D has the last say and must give consent to summary hearing or refuse summary hearing.
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What happens if magistrates refuse the case at mode of trial hearing?
case sent to crown court and heard there.
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why might magistrates refuse jurisdiction over a case? (3 reasons)
1. it involves a breach of trust 2. it involves gang organised crime 3. the amount involved in offence is 2x more than the max fine they can give.
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what is the importance of s19 of the Magistrates Court Act 1980?
gives magistrates guidelines on whether their sentencing powers are sufficient.
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Under s19 of Magistrates Courts Act 1980, what will Magistrates consider when deciding whether to accept jurisdiction over a triable either way offence?
the nature of the case, the seriousness of the offence, representations from the prosecution and defence, any other relevant factors
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what is the importance of the Criminal Justice Act 2003 in relation to pre trial procedures?
it gives magistrates the power to look at D's previous convictions.
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what is the procedure for indictable offences?
start in magistrates (early administrative hearing) but ALWAYS tried in Crown Court.
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Other cards in this set

Card 2

Front

What is an Early Administrative Hearing for?

Back

speeds up legal process, solves problems quickly rather than delaying or adjourning, looks at things like: legal aid, pre-sentence and medical reports, custody and bail

Card 3

Front

What happens at a plea before venue? (for triable either way offence)

Back

Preview of the front of card 3

Card 4

Front

What happens if D pleads guilty? (for triable either way offence)

Back

Preview of the front of card 4

Card 5

Front

If D pleads guilty can he get a crown court trial? (for triable either way offence)

Back

Preview of the front of card 5
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