• 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

    But it would be an ideal opportunity for the prosecution to press for involuntary manslaughter as a result of an unlawful act. R v Lamb (1967) - Have to start by proving common assault. He shot his friend dead and convinced court he had no intention to kill.

  2. 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

  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. Pre Trial Procedure in Criminal Cases

    If a warrant was not used or it was but not backed for bail, under the bail act 1976 it nevertheless creates a presumption in favour of bail. There is a balancing act: Ensuring public safety Presumption of innocence Ensuring they turn up at court Save on costs The police

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

    The judge is needed to take charge and responsibility, so that the trial is presented in an understandable and balanced way. The judge settles any legal argument, advises the jury, and sentencing the defendant if he is found guilty. A legal advisor is needed to take responsibility in the way

  2. 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.

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