Pre Trial Procedure in Criminal Cases

Pre Trial Procedure in Criminal Cases Chapter 9 9.1 Pre Trial Hearing * All criminal cases go first to Magistrates. * Minor offences can be dealt with if: o Plead guilty. o Is present/do not want legal representation. * Most driving offences pleaded by post. 9.1.1 Categories of Offences * Type of offence affects number of pre trial hearings. * Criminal offences divided into three main categories: . Summary Offences a. Least serious b. Always tried in magistrates c. Nearly all driving offences / Common assault / Criminal damage up to £5,000 2. Trialable Either way Offences a. Middle range of crime. b. Theft / Assault / ABH. c. Tried either in magistrates of crown court. 3. Indictable Offences a. Most serious crimes. b. Murder / Manslaughter / Rape. c. Must be tried in Crown Court. d. First hearing held in Magistrates. Plea before venue * First stage in deciding where a trial either way offence is held is called a plea before venue. * Defendant asked guilty / not guilty. If pleads guilty automatically heard in magistrates but can be sent to Crown for sentencing. Mode of Trial * Where defendant pleads not guilty decision has to be made: crown / magistrates. * This is called a mode of trial procedure. * Even if going to crown, pre trial matters still dealt with in magistrates. 9.1.2 Pre Trial Procedure in Cases to be Tried in Magistrates * Cases

  • Word count: 2326
  • Level: GCSE
  • Subject: Law
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"Mark Has Been Arrested for Theft of a Bottle Of aspirins From His Local Chemist" Describe the Pre-Trial Procedure and the Key Decisions That Must Be Made.

"Mark Has Been Arrested for Theft of a Bottle Of aspirins From His Local Chemist" Describe the Pre-Trial Procedure and the Key Decisions That Must Be Made. The criminal justice process and police work is rooted in discretionary factors of the police officers. (Davis, Croall, Tyrer 1996: p106) The police are responsible for the important decisions made as to whether the suspect is to be prosecuted or diverted from the criminal justice process. Some of these decisions are influenced by the police occupational culture and the negative stereotypes of criminal behaviour. In addition, these prejudices can affect the decisions to arrest, charge and prosecute. After the decision to prosecute has been made the Crown Prosecution Service (CPS) replace the role of the police and independently assess the prosecution decisions. Additional decisions about Mark's future will be made once he reaches the magistrates courts. This essay will explore the various pre-trial procedures within the legal framework, the discretionary factors of the police and the key decisions that could be made by both Mark as the suspect and the police officers involved in the case. Studies by Cain (1973) into how the police exercise their discretion show a wide variety of circumstances that can affect the decision to arrest. For example, the officer may feel that Mark's offence is relatively minor. He may be

  • Word count: 2972
  • Level: University Degree
  • Subject: Law
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The Small Claims Procedure

The Small Claims Procedure The small claims procedure is regulated by RSA 503 in 1973. It is a simple, speedy, and informal method by which an individual appears before a judge of the district or municipal court, presents his or her claim, and explains why another person or business owes money to him or her. Small Claims Court can award up to $5000 in damages (larger claims can be heard, but the maximum that can be awarded is $5000). Although not required in Small Claims Court, any persons or businesses involved in the proceedings may be represented by a lawyer if they wish. Another aspect of a small claims proceeding is that a judge may ask to hear any evidence deemed relevant and proper, since the technical rules of evidence do not apply in a small claims proceeding. If the small claim exceeds $1500, the person or business being sued has a right to a jury trial. The defendant must file a written request for a jury trial within five business days of the filing of the small claim, unless the municipal or district court grants more time where the defendant has shown good cause. The small claim will then be transferred to the Superior Court for resolution. Disadvantages of small claims There are long standing concerns about the small claims procedure, which have not been tackled by the 1999 reforms. Small claims are not necessarily simple claims; they may involve complex

  • Word count: 1055
  • Level: GCSE
  • Subject: Law
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What is a human drug trial?

What is a human drug trial? A human drug trial is a trial conducted with volunteered patients to evaluate a new drug which may have been discovered. The purpose of the trial is to find new improved methods to treat patients with certain diseases or illnesses. With any new drug there are possible risks as well as benefits. So therefore any new drug has to undergo some procedures such as drug trials were some volunteers take the drug. These drug trials help doctors to determine: - If the drug is safe and effective, - If the new drug is better than the current drug available, - If there are any serious side effects, - If the drug works on the patient carrying the illness or disease. How are drugs licensed? When a new drug has been discovered it has to be licensed to the public that it can be used effectively and safely to cure any disease or illness. The best way to do this is undergo a human drug trial where the drug goes through some procedures. Human drug trials are conducted in three phases, and each of the phase are designed to find out different specific information. The phases of a human drug trial are: Phase 1 - Laboratory Stage . The first stage of a human drug trial is that before the drug is tested on humans, or animals, it must be tested on a few human tissue samples in the laboratory to make sure the drug reacts with the cell. 2. If step one's result

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  • Level: University Degree
  • Subject: Medicine and Dentistry
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Bail procedure in England and Wales

Critically evaluate whether the current bail procedure in England and Wales goes far enough in protecting the public from repeat offenders. There are three main courts that criminal trials may be heard in: the Magistrates' court, the Crown Court or the Youth Court. Young offenders (juveniles-under 18) will be heard in the Youth Courts, where as adults may be heard in Magistrates or the Crown Courts, depending on how serious the offence is. Four main steps need to be considered in the course of criminal court procedure. The first step is investigation and charge. Police service is responsible for detaining the suspect, while investigation process is being completed. Sometimes if the offence is minor the police will be able to charge the offender. However in 95% of the cases, offences are referred to the Crown Prosecution Service (CPS) where further investigation is carried out, the case is constructed and the bail is considered. The CPS was created in 1981 when the Royal Commission on Criminal Procedure suggested that an independent state agency should be set p to institute and oversee the prosecution of offences. Section 3 of the Prosecution of Offences Act 1985 gives the CPS the power to institute criminal proceedings.1 The three main categories that criminal offences may fall into are: - Summary only offences- these can only be tried in magistrates court - Indictable

  • Word count: 1145
  • Level: University Degree
  • Subject: Law
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The Scopes Monkey Trial

Jeff Poulin The Scopes Monkey Trial The John T. Scopes trial was one that has changed the scales of justice. No case has ever caused as much of frenzy for such a small fine or punishment. The "Scopes monkey trial" affected a nation's views on religion, politics, rights of speech, and their thought's about one man being able to defeat and reform certain laws. The Scopes trial has been called the trial of the 20th century; I will research the trial to find out what all the frenzy was about. To really get a grip of trial you must understand why the trial took place and the circumstances surrounding it. At the time of the trial America was in a state of reform; there were the traditionalists, known nowadays as Victorians who took the bible at its word, and would not believe any thing but the bible. There were also the modernists, who are now known to have lived in the Jazz age, they were eager to prove their intellect by almost any means necessary, even if it meant discrediting the bible that their parents cherished so very much. This is one of the reasons why the Scopes trial became the media frenzy that it did, America wanted to find out which group would come out on top, the Victorians and their religion, or the modernists and their academics. On the one side was William Jennings Bryan three times candidate for president. It is unclear why he took the position, one

  • Word count: 1278
  • Level: University Degree
  • Subject: Law
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Conveyancing: Practice and Procedure.

Conveyancing: Practice and Procedure Conveyancing matters are usually sales, purchases, or simultaneous sales and purchases. Where there is a simultaneous sale and purchase we would most strongly advise you to instruct a solicitor. This is because if all the procedures are not carried out correctly someone could be left without a roof over their head in which case, if it is due to some fault of yours, you could be held responsible for damages. The following is a brief outline of the process of conveyancing in the case of a purchase and of a sale, as a solicitor would carry them out. It will give you an insight into what is involved if you were to attempt to do it yourself, and in the case of your instructing a solicitor, it will at least give you some idea of what your solicitor is supposed to be doing for you. Purchasing a Property It is important to bear in mind that there are two distinct stages in buying a property: (1) Exchange of Contracts. This is where both parties have agreed to the transaction, and the terms of it, and they have signed and exchanged contract documents. Once this has been done both parties are committed to the transaction and will be liable for penalties in the event of their non-performance of the contractual terms. Prior to Exchange of Contracts there is no binding agreement, even if the parties have verbally agreed to proceed. (2) Completion.

  • Word count: 1408
  • Level: AS and A Level
  • Subject: Law
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Grievance Procedure - Delta Digital

FROM : Manager Marketing Operations TO: Marketing Director DATED: December 11, 2004 SUBJECT: Grievance Procedure With reference to the formal letter of complaint from Mr. John Richards invoking the grievance procedure as regards to his unsuccessful bid to be given a senior position in the Marketing Department in the new structure at Delta Digital and his subsequent downgrade to Grade 6. The following is a report with recommendations to ensure Mr. Richards is given a fair hearing throughout the procedure and noting the possible effects of the various outcomes. 0272195 INTRODUCTION In any organisation a grievance procedure provides a mechanism for problems to be dealt with. Mr. Richards's grievance is that with the reorganisation of Delta Digital and his inability to secure a senior position in the Marketing Department, he was given the position of Technical Officer and placed one grade lower than his previous post. Regulating employment relationships as well as managing people are key elements of employee relations. In order to have effective employee relations, it is crucial that both the legal and behavioural aspects are taken into account. 'The employment relationship is an economic, legal, social, psychological and political relationship in which employees devote their time and expertise to the interest of their employer in return for a range of personal,

  • Word count: 2834
  • Level: University Degree
  • Subject: Business and Administrative studies
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Memory Experiment Procedure

Psychology Coursework Procedure Ethics Statement Thank you for volunteering to participate in this experiment. The experiment will involve a memory test. All results from participants will be kept confidential and names/ details will not be used in my report. This experiment will not be stressful for you and any physical/mental harm has been taken into account and kept to a minimal, if present at all. If at any time you feel uncomfortable about this, you can withdraw anytime before or during the experiment. After you have finished, we will give you a debriefing of our intentions with the results and how I was testing you. Instructions - Condition 1 For this experiment, we will read out 10 pairs of words for you to remember e.g. grass-plate. After we have read out the word pairs, we will repeat one word from each pair and you will have to name the other word in that pair e.g. we will say grass and you will say plate. Instructions - Condition 2 For this experiment, we will read out 10 pairs of words for you to remember e.g. clock-river. After we have read out the word pairs, we will repeat one word from each pair and you will have to name the other word in that pair e.g. we will say clock and you will say river. You must use a certain method we have designed for this experiment, which is called "word imagery". For each word pair, you must associate one word with the other

  • Word count: 408
  • Level: GCSE
  • Subject: Psychology
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Procedure For Titrations

Procedure For Titrations . Three 50cm^3 burettes will be washed out, one with 1 mol.dm^-3 propanone solution, one with 1 mol.dm^-3 Sulphuric acid solution, and one with 0.02 mol.dm^-3 solution. 2. Each burette will be filled with the solution it was washed out with. 3. Seven 250cm^3 will be labelled 5, 10, 15, 20, 25, 30 and 35 mins and will be filled with 0.5 mol.dm^-3 Sodium hydrogen carbonate solution. 4. Into another 250cm^3 conical flask, 50cm^3 of 0.02 mol.dm^-3 iodine solution will be added. 5. Into another 250cm^3 conical flask, 25cm^3 of 1 mol.dm^-3 sulphuric acid and 25cm^3 of 1 mol.dm^-3 propanone solution will be added. 6. The iodine solution will be mixed with the acid and propanone into one conical flask and the stopwatch will be started. 7. The mixed solution will be stirred for one miute and every five minutes for 35 minutes 10cm^3 of the mixture will be pippetted the conical flasks containing the sodium hydrogen carbonate. NB: The mixture must be added into the right conical flask i.e. after five minutes the first withdrawal must be put into the flask that says five minutes etc. 8. Into each of the conical flasks containing the new mixture, a few drops of fresh starch solution will be added. 9. Another burette will be washed out and filled up with 0.01 mol.dm^-3 sodium thiosulphate solution. 0. Carefully, the sodium thiosulphate will be

  • Word count: 439
  • Level: GCSE
  • Subject: Science
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