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
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
"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
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
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,
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
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
The Procedure - A Dystopian Story
The Procedure A mother and her daughter are sitting in front of a seemingly endless life-size digital catalogue of models for The Procedure. The mother, Sarah, tells her daughter, Rachel, "I think Model Number Eight might suit you better. Most girls your age want to look better. Aren't you excited? Earth to Rachel... What are you looking at?" Rachel replies, "A picture of you before The Procedure. I think you looked beautiful. Mother, if I didn't want The Procedure, I wouldn't have to have it, would I?" "What are you talking about?" Sarah condescendingly responds. "It's the most marvellous thing that can happen to a person. Just think, you could look like me, wouldn't that be wonderful! What's so terrible about being beautiful? After all, everybody is." Later that day, Rachel is sitting out on the balcony outside her room. Rachel's friend, Marnie, walks out onto the balcony. "Your mum let me in, and she told me about you. Why don't you want The Procedure? It's not like it hurts or anything. When I had mine, I didn't feel a thing," says Marnie, in a reassuring tone. "I know that," says Rachel, "but I liked you before The Procedure. I want to be unique. Being like everybody, isn't that the same as being nobody?" Marnie asks, "Where are you are getting these radical ideas from?" "I used to talk to my dad a lot," confesses Rachel, "just the two of us, about real
O.J.SIMPSON TRIAL -AN ANALYSIS
O.J.SIMPSON TRIAL -AN ANALYSIS O.J.SIMPSON TRIAL -AN ANALYSIS Your Name Goes Here Institutional Affiliation Goes Here Orenthal James .Simpson was one among the America's premier top professional and college football players between 1960 and 1970 but by 1990's he was well known not for his football acumen but for his part as the defendant in one of the most commemorated murder trials in the 20th century in legal annals of America. In 1970s, Simpson participated in the National Football League and was regarded as one of the supreme running supports in the history of professional and college football. Simpson was awarded All American honors in 1967 and 1968 and won the 1968 Heisman Trophy. Further, he was elected to the National football Foundation and college Hall of fame in 1985. Orenthal James .Simpson was an ex-NFL football player who later turned as a NBC- sports commentator. On June 12, 1994, Nicole Brown Simpson, who was Simpson's ex-wife and her boy friend Ronald Goldman were stabbed to death and their dead bodies were found to be lying in the front courtyard of the Nicole's apartment in Brentwood. Simpson who was on a business trip in Chicago was apprised on the next day of the murder and was taken in for questioning. After seven years of marriage, Simpson divorced his wife in 1992. Simpson was charged with domestic disturbance early in 1989. According to
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
