• 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

    Bedder was judged as a non impotent man when in fact he was an impotent youth. The 1957 statute talked about a reasonable person, but gave no guidelines as to what this meant. R v Camplin (1978) - Camplin was 14 and he had been rapped by an adult man.

  2. Pre Trial Procedure in Criminal Cases

    prosecution the right to appal against a grant of bail by magistrates to a person charged with AO. Someone arrested and charged for an offence which he would generally not be imprisoned must be given bail unless: * previously failed to surrender to bail * he must be kept in

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

    The legal advisor will then ask the jury foreman for the verdict. When the jury's verdict is given, their work on that trial is then over. If the defendant is found guilty, the judge may pass an immediate sentence, or ask for a pre - sentencing report prepared by a probation officer.

  2. The Law Relating to Negotiable Instruments

    a check crossed generally or specially to himself shall not, in case the title to the check proves defective, incur any liability to the true owner of the check by reason only of having received such payment." Accordingly, if the collecting banker has collected a check on behalf of a

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

    to avoid committing a criminal offence?8 Commentators have argued that there is no reason to classify penetration in rape differently from how the concept of continuation was applied in the assault and battery case of Fagan v Metropolitan Police Commissioner9 whereby the force applied to the constable's foot was considered

  1. Justices of the Peace - Magistrates Courts

    These courses cover basic law and procedure, the rules of evidence and the principles of sentencing: in court, advice on matters of law is provided by the Justices' Clerk but the ultimate decision rests with the magistrates themselves. Magistrates who sit in the Youth Court or the Family Proceedings Court are given extra training specific to those duties.

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

    Firstly, direct intention whereby a defendant purposely undertakes to kill, or cause GBH, to the victim; or secondly, oblique intention where a defendant's state of mind is such as to realise the virtually certain consequences of their actions6. Direct intention, in most circumstances, is straight forward to find, in that there will be evidence, through behaviour or admittance e.g.

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