LAW - CRIM - CRIME PROCEDURES N TRIALS

what are the 3 classes of offence + courts theyre tried in

• summary - magistrates

• triable either way - mag or crown

• indictable - crown

what is the pre trial procedure for a non guilty summary plea

• administrative hearing , courts check entitlement of accused to funding and make sure all documentation is served

• bail is granted or arrangements to be remanded in custody is made

• trial date set

whats the procedure of a summary trial

• accused pleads again in magistrates court

• prosecution must state case and bring forth witnesses

• accused can cross examine these witnesses

• accused can call their own witneses and prosecution cross examines them

• mags will determine verdict based on facts of the case an dpoint of law

what are the appeal chances from a summary case

• if plead non guilty can appeal both sentence and conviction to crown court

• if guilty plea only can appeal sentence

• if raises a point of law may go to QBD

what is the pre trial procedure for a triable either way offence - guilty plea

• accused summoned/charged

• enters plea , if guilty sentencing proceeds at magistrates (can be crown if more 6 month needed)

pre trial procedure , triable either way offence , not guilty plea

• the magistrates must decide whether they are able to deal with the case or whether it should be sent to the crown court

• if decided mag is acceptable defendant can choose to send to crown court

• bail and legal funding also decided on

what are the appeal routes for a triable either way case tried in the magistrates court

• can appeal sentence or conviction to the crown court

• if on a point of law , QBD

whats the pre trial procedure for an indictable offence

• case passes directly to crown court , remand in custody presumed

• both sides must disclose evidence to be relied upon (crim procedire and investigations act 1996)

• defendant enters plea

• judge takes managerial role in proceeding determining points of law , witnesses and length of trial)

what happens at trial for an indictable offence

• accused pleads again , jury sworn in

• prosecution presents their case calling witnessing and producing evidence

• defence can cross examine witnesses

• defence can call own witnesses, prosecution can cross examine

• prosecution and defence will make their closing arguments

• judge will instruct jury on relevant law, sum up evidence

• jury deliberates to find a verdict

• judge will sentence (may be later date)