✔️Criminal Procedure 8 markers (1)✅

Whay’s the introduction paragraph for summary offences?

Summary offences consist of minor offences and are the least serious type of offences, for example, assault and battery. They’re only ever tried in Mags court

What’s the introduction paragraph for TEW offences?

TEW offences consist of mid ranging offences that can be serious or minor, including assault occasioning ABH. Can be tried in either Mags or Crown court.

What’s the introduction paragraph for indictable offences?

Indictable offences consist of really serious crimes and are the most serious such as murder and robbery. There trial must always take place in the crown court

What’s the second paragraph for pre-trial procedure for summary/TEW/indictable offences? (questioned)

After suspect has been arrested for summary/TEW/indictable offence they will be questioned at the police station. While detained by police they are entitled to free legal advice from a duty solicitor under the Police Station Advice and Assistance scheme who will advise them on their rights

What’s the 3rd paragraph for pre-trial procedure for summary/TEW/indictable offences? (bail)

If there’s enough evidence for a realistic prospect of conviction, suspect will be charged with committing the offence. Under the Bail act 1976, suspect may then be released on bail or held on remain in police cells and will be required to attended the Mags court at earliest possible opportunity for the matter to be decided by a bench of Mags on whether they should be granted bail or held on remand them in police custody.

What’s the 4th paragraph for pre-trial procedure for summary/TEW/indictable offences? (merit test)

Additionally, depending on suspects earnings and whether they pass the ‘merit test’, they may be entitled to legal aid which will provide them with funding for legal representation for their trial.

What’s the 5th paragraph for pre-trial procedure for summary/TEW/indictable offences? (Mags court)

All criminal cases start in Mags court so suspect will be brought before Mags for their first hearing. The legal adviser will confirm Ds name, address , DOB and read out the charges against them

What’s the first individual paragraph for SUMMARY offences? (guilty paragraph)

For summary offence, D asked if they plead guilty/not guilty. If D pleads guilty there will be a sentence hearing. During this CPS outline facts of the case and any aggravating factors that will contribute to increasing sentence. Bench of Mags/ District judge made aware of any previous convictions and may be provided with pre sentence report including abundance of info about D including; employment status, finances, living arrangements any dependents etc. Following this, defence will outline any mitigating factors to contribute towards more lenient sentence. If D disputes facts of the case there may be a Newton hearing, prior to sentence hearing

What’s the final paragraph for SUMMARY offences? (not-guilty paragraph)

On the other hand, if D pleads not guilty there will be a trial before 3 lay Mags/ District judge. They consider the facts of the case and are advised on the law by the legal advisor. When reaching unanimous/majority verdict, they must be convinced of Ds guilt beyonce reasonable doubt and if not they must acquit them and find them not guilty. If they’re sure then they’ll convict D and pass sentence (Max 6 months imprisonment/ £5000 fine)

What’s the first individual paragraph for TEW offences? (Plea before venue paragraph)

For TEW offences, there’s a plea before venue, where under s.17 Magistrates Act 1980 where ads asked if they plead guilty/not guilty.

What’s the 2nd individual paragraph for TEW offences? (Mode of trial paragraph)

However, if D pleads not guilty then the case will go to a mode of trial hearing. Here, under s.19 Magistrates Act 1980, The Magistrates will hear arguments put forward by prosecution and defence as to what court the case should be heard in. The Mags may accept jurisdiction and decide they have the sentencing powers and are prepared to hear the case in Mags court or reject jurisdiction (if they feel they don’t have sentencing powers- 6 months) and send it to be heard in crown court if the case is too complex.

What’s the 3rd individual paragraph for TEW offences? (Elect paragraph)

Under s.20 Mags Act 1980, if Mags can and will hear case in Magistrates court D can elect whether to be tried in Mags/Crown court

What’s the 4th individual paragraph for TEW offences? (Trial paragraph)

There will then be a trial. If the trial is in Mags court, it will be heard before 3 lay Magistrates/ district judge who will decide on the facts of the case and be advised on the law by a legal advisor. If case is in crown court, a jury of 12 lay people will decide on facts of the case and be advised on law by judge. In both courts, the prosecution have the burden of proof and either the Mags or jury must be convinced of Ds guilt beyond all reasonable doubt to convict, if they’re not they must acquit them

What’s the first individual paragraph for indictable offences? (transferred to crown paragraph)

Then the case is transferred to crown court under Crime and Disorder Act 1988 where it’ll be dealt with (usually) by circuit judge. There will be a plea and case management hearing where D is identified, charges read out against them and D asked to make a plea

What’s the 2nd individual paragraph for indictable offences? (guilty/ not guilty paragraph)

If D pleads guilty, Judge will sentence them. If D pleads not guilty, judge will consider what steps are necessary to manage the case to trial, such as jury of 12 and number of witnesses involved, then length of trial and trial date will be agreed. A jury will be organised and the case will be heard infront of jury of 12 lay people who will be the deciders of facts and be advised on the law by the judge. The prosecution have the burden of proof and the jury must be convinced of guilt beyond all reasonable doubt, and if not they must acquit.