• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

What is an indictable offence and how is it brought to trial?

Extracts from this document...

Introduction

ASSIGNMENT C 1. What is an indictable offence and how is it brought to trial? An indictable offence is the most serious category of criminal offence. It includes offences such as murder, wounding with intent, abducting children and arson. By definition, an indictable offence must be tried on indictment, this being a formal charge of having committed one of the most serious criminal offences such as murder. It is contained within a Bill of Indictment, which sets out the charges that the accused is alleged to have committed. A Bill of Indictment is a written accusation issued by the Crown Prosecution Service in the name of the Queen (the Crown) ...read more.

Middle

The magistrates' court thus acts as a filter for the Crown Court with respect to indictable offences by preventing unsuitable cases going forwards. It may soon be the case, according to the Crime and Disorder Act 1998, that defendants charged with indictable offences are sent straight to the Crown Court for prosecution without a preliminary hearing in the magistrates' court. Crown Court cases can either be held before a judge or a judge and a jury. Firstly, a plea and directions hearing will be held to determine the key aspects of the case. A further trial will only be held before a jury if the defendant pleads not guilty. ...read more.

Conclusion

Indictable offences have been classified into four categories by Lord Taylor CJ in his Practice Direction of May 1995. For example, Class 1 includes murder, genocide and treason and Class 2 includes manslaughter, infanticide, illegal abortion, rape and so forth. As well as strict indictable offences, there are some more moderate offences such as theft and burglary which can be tried either on indictment or summarily (in the Magistrates Court), depending on the result of the preliminary investigation called the Mode of Trial hearing. Such cases are given the name 'triable either way offences'. Although they can be tried summarily in some cases, triable either way offences technically fall under the category of 'indictable offence' since they have the potential to be tried on indictment. ?? ?? ?? ?? TMA (C) Rebecca Milburn Page 1 ...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. Criminal Law (Offences against the person) - revision notes

    Goodfellow (1986) - Created 3 guidelines for proving this offence 1. Mens Rea of the offence Intention or subjective recklessness to commit any unlawful act short of death To be guilty of this offence the defendant must cause death but the defendant must not have intended (direct or oblique)

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

    Furthermore, rape by a husband, was generally assumed to be precipitated by other events that had a bearing on the overall quality of the relationship, for example, marital rape was sometimes viewed as reflecting a poor marital relationship with the possibility of culpability on each side.15 The common law rule

  1. What is an indictable offence and how is it brought to trial?

    the judge goes directly to sentencing. In fact the Defendant has several options. > He may simply plead guilty, admitting the facts alleged, the relevant mens rea, and any points of law involved. > He may plead guilty to a lesser offence (manslaughter when charged with murder, for example), in which case the prosecution and the

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

    The witness could be a police officer who is giving details of the arrest, a doctor giving medical evidence or a forensic investigator reporting the findings of a fingerprint search. Some trials have expert witnesses to give their view on the details of the trial.

  1. Legal proceedings are a seminal example of a cultural performance. For this case study ...

    In contrast, the accused is not granted the same official, authoritative considerations. He is depersonalized and merely becomes "the defendant," or "this man". Although court procedure is a seemingly secular display, age old Judeo-Christian values permeate the doctrines and the performance itself.

  2. Pre Trial Procedure in Criminal Cases

    9.1.3 Cases Going for Trial at the Crown Court Triable either way cases * For these there'll be further hearings at magistrates for plea before the venue and mode of trial to take place. * If it goes to crown a committal proceeding by magistrates will check there is sufficient evidence to send case to trial.

  1. The common law offence of Murder has witnessed a complicated development in its definition ...

    coldly walking up to the victim and shooting them. It is in the absence of direct evidence where the difficulty lies in establishing intention7, consequently creating the need for clarity because case law has struggled to incorporate different meanings and ways of finding oblique intention.

  2. Justices of the Peace - Magistrates Courts

    class had no apparent effect on their judicial behaviour, their political beliefs did influence their behaviour particularly in relation to sentencing. But anecdotally, the members of a white middle-class bench would probably regard running away from the police as a sign of guilt, whereas in some communities it is automatic behaviour learned at a very early age.

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