• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  6. 6
  7. 7
  8. 8
  • Level: GCSE
  • Subject: Law
  • Word count: 2326

Pre Trial Procedure in Criminal Cases

Extracts from this document...


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: 1. 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. ...read more.


However, under section 25 of the criminal justice and public order act 1994 as amended, someone charged with murder, rape, manslaughter or attempted murder or rape, who has previously been convicted and imprisoned or found not guilty through insanity shall automatically be granted bail, unless special circumstances. * Under section 26 of the CJPOA s person accused of committing a crime whilst on bail is not presumptively entitled to bail. Unless thought appropriate by the court. In making it's decision a court may legitimately be influenced by any of the factors listed in schedule 1 of the bail act 1976. These include: * Nature of offence. * Likely result of conviction * Strength of evidence * Defendant's character * Antecedents * Community ties Bail may be granted unconditionally or on such considers that appear necessary to ensure defendant: * Surrenders to bail * Commits no further offences * Does not interfere with witnesses or evidence * Is available as necessary for the purposes of the court Such conditions include: * Surrender passport * Do not seen certain people or places * Live at certain address * Report regularly to police Defendant can appeal against unfair bail conditions but this is rarely exercised. 80% of cases at the high court are given bail. 90% of those remanded for summarily trial are given bail. ...read more.


* Changes of 2000 means CPS must notify victims of any change which makes significant differences to case. Civil Actions * Sometimes civil cases are brought if CPS drop them or they pick them up. * Case: 1998 family of doctor Joan Francisco, murdered, took boyfriend to civil court. he was found guilty. The CPS investigated and found a technique not thought of first time and took him to court. he was jailed six years after crime. 3.4 The Glidewell Report * Because of problems of CPS sir Iain Glidewell asked to conduct enquiry. Pblished 1998. * Main problem was judge-ordered acquittals which made up 20% of all acquittals. In one in five of these there was something wrong with preparation of case. * Also found CPS was too bureaucratic and centralized. So divided into 42 not 13. Criminal Justice Units * Narey report into delay in criminal justice system suggested CPS locate in police stations to prevent delay in cases being passed during late 90's pilot schemes found it impractical to have CPS in every station so they were assigned to criminal justice units or administrative support units. Results of pilot showed it prevented delay and better working practices between police and CPS with greater continuance of cases. 7% of cases in pilot area where discontinued, 12% in other areas. Thought to be as CPS could advise police at early stage of cases. By march 2001 20 criminal justice units had been established with another 36 planned for 2002. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    In order to decide whether or not trial by jury should or should not ...

    4 star(s)

    Another reason for under representation in juries is the apparent ease that people summonsed can excuse themselves from jury service. It is possible to be excused siting reasons such as Childcare problems, work commitments and even holiday commitments. In order to reduce this problem a policy of both encouragement and enforcement is needed.

  2. Marked by a teacher

    The Police and Criminal Evidence Acts 1984-provides an effective balance between the powers of ...

    3 star(s)

    They must have the address and name of owner and what they are looking for. When the officer discloses this information to obtain the warrant, he is under oath. The warrant must be used within one month of it being issued and can only be used once.

  1. Criminal Law (Offences against the person) - revision notes

    seems unjust Crimes of passion often, however, have diminished responsibility pleas allowed R v Vinagrehe for example. Provocation s3 This was introduced because the common law was not working to well. In 1957 the HOL was not allowed to change its mind.

  2. Worlds Apart: Orientalism, Antifeminism, and Heresy in Chaucer's Man of Law's Tale

    Custance is not only an emblem of submissiveness, as Delany observes, but a reassuring symbol of all that is not-man. At crucial points in his narrative, the lawyer uses Custance to reinforce woman's proper difference from man, a task he has rendered urgent by his exposure of woman's perverse desire

  1. Describe the system of trial by jury within the English legal system.

    The defence advocate represents the person who is accused of a crime. They do this by questioning the prosecution evidence, and presenting their own evidence on behalf of the defendant. If the defendant is found guilty, the defence advocate will then present the judge with reasons why leniency should be shown in sentencing, this is called mitigation.

  2. "The function of the judiciary within the constitution of the United Kingdom is to ...

    In their attempts to explain the legal system at work, jurists expound the permissible limits of judicial law making.5 Curiously, such explanatory exercises rarely employ illustrative examples from the criminal law. One possible reason for this is that there are constraints on judicial activism in the criminal law that are

  1. Critically evaluate the changes which have been made since 1990 to the definition of ...

    this; the 1956 Act did not recognise anal rape so in law male rape did not exist. This was articulated in the case of Gaston12 where the judge clearly stated that the actus reus of rape related only to vaginal intercourse and anal rape was not to be considered as rape in any circumstance.

  2. Justices of the Peace - Magistrates Courts

    The magistrates' court is primarily a criminal court, though magistrates also sit in the Family Proceedings Court and have some civil and administrative functions too. After a suspected offender has been arrested and charged, he may be released on bail by the police, but it is otherwise the magistrates' duty

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work