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

Pre Trial Procedure in Criminal Cases

Extracts from this document...

Introduction

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.

Middle

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.

Conclusion

* 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)

    This type of decision is not limited to Political cases as the case of R v Owen10 Illustrates. To my mind the perverse decision is a strong argument on its own for the retention of the jury trial for two reasons.

  2. Marked by a teacher

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

    3 star(s)

    of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission. Or in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.

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

    The defendant has to plead diminished responsibility himself. * Stage 1 The defendant raises the defence (it needs to be supported by 2 medical experts) and, it has to be proven on the balance of probability * Stage 2 Once the defendant has raised the diminished responsibility the prosecution is

  2. Explain the need for discipline in at least two public services. Analyse the role ...

    dealing with the people who may be causing a bother to other members of the public, this can be very risky as it is highly likely that these people have been drinking an excessive amount of alcohol, and are going to violent, the are to keep the situation under control,

  1. civil law, criminal law and habeas corpus

    time and budgets of health, police, and prison services in many countries. money-laundering, a term used to describe the attempt to recycle illegitimate profits from crime in a legitimate form. It is often undertaken by those involved in organized crime in order to protect the proceeds of illicit activities, such

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

    these are; a judge, a legal advisor, a prosecution advocate, a crown prosecution service representative, a defence advocate, the defendant, a witness, a probation representative, the usher, a defence representative, a logger, the public gallery, a dock officer, press, and jury members.

  1. The Age Of Criminal Responsibility

    website has a job to do, to report on a story or an issue of interest. In order to carry out a report the reporter must gain facts and opinions from both sides, they do this by interviewing people and asking them questions, this ensures that facts and opinions from both sides can be given.

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

    as a continuing act.10 Moreover, if consent was given initially it is arguable that mens rea for rape was not present from the outset therefore perhaps the man should not be tried for the offence of rape and his conduct condemned as the highest form of sexual assault.11 Along side

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