[southweststudent]

just a general place to ask questions about this exam seeing as i couldnt find any threads!

i do have one question, if we got asked this i wouldnt have a clue how to answer it, may someone help me and write me a model answer for it?

"Outline the procedure of a summary offence" (5 marks)

the mark scheme says we need to have:
first appearance at magistrates court
plea
legal representation/ duty solicitor
plea
pre trial preview
trial to be at magistrates court


i dont have any of this in my notes and dont understand it!
someone PLEASE explain it to me, thankyou

[Barcelona'99]

This would be a potential answer:

Upon being charged for a summary offence (assault or battery found in s39 Criminal Justice Act 1988) by the police or CPS, the defendant would be brought before the magistrate to confirm their name and address and to hear the formal charge. Should they decide to plead guilty, there will be an 'early first hearing' where sentencing can take place there and then, or be re-scheduled for a later date if pre-sentence reports are required. Should the defendant plead not guilty then an 'administrative hearing' would take place, here the defendant can ask for Bail (Bail Act 1976) and also criminal legal aid (Access to Justics Act 1999).

This is just potential content though, hope that helps.

[sundeep525]

(Original post by southweststudent)
just a general place to ask questions about this exam seeing as i couldnt find any threads!

i do have one question, if we got asked this i wouldnt have a clue how to answer it, may someone help me and write me a model answer for it?

"Outline the procedure of a summary offence" (5 marks)

the mark scheme says we need to have:
first appearance at magistrates court
plea
legal representation/ duty solicitor
plea
pre trial preview
trial to be at magistrates court


i dont have any of this in my notes and dont understand it!
someone PLEASE explain it to me, thankyou

Hey, sorry I cant help you with this question as I haven't started to revise the topics, but do you know how much we should writing we should be aiming for such as 3/4 of a page of full?

[Barcelona'99]

This question will only be 5 marks, so you don't need to be writing as much as you would for some of the explanations. I would say only around 1/2 a page for this question.

[lwepenn]

Hi there, I'm currently revising for this exam!

We've been taught to talk about the Plea before venue (all cases start in the Magistrates court) where the Defendant will enter a plea of guilty or not guilty - because it is a summary offence the magistrates court will try it they have sentencing powers of upto 6months imprisonment and/or £5000 fine. Should they plead guilty then no trial will take place, if they plead not guilty then the magistrates can decide on bail conditions - whether legal aid is needed and then prosecution has time to put together a case.

hope this helps in some way.

Luke

[southweststudent]

thanks everyone- great help!! how are you all feeling about the exam?

[Ico-]

Not very good, anyone have an idea what's gonna come up so I can cram that?

[lwepenn]

My law teacher seems to think routes of appeal and tracks will come up as it hasn't for a while.

[southweststudent]

can someone explain to me routes of appeal?!?!?!? i think i know tracks- thats the three track system isnt it?

[Ico-]

Routes of appeal is simply how cases go up the heiarchy of courts isn't it? So Magistrates to crown to C/A to Supreme court and the same for Civil but with country and high in replace of magistrates and crown. Then there is the EU supreme court but I don't htink that needs to be mentioned.

[lwepenn]

(Original post by southweststudent)
can someone explain to me routes of appeal?!?!?!? i think i know tracks- thats the three track system isnt it?

Routes of appeal:

Criminal
21 days to appeal to the crown court
can only be on sentence or conviction
No permission needed
In Crown Court there is 2 Magistrates and 1 Crown Court Judge
The appeal is by way of new hearing
Sentence can be increased

After that it is appealed to the High Court (Queens Bench)

If it is an either-way or indictable offence from the Crown Court it goes to Court of Appeal Criminal Division.
Permission Must be given
The CoA can only decrease sentence/reduce charge
Can order re-trial or acquittal or dismiss the appeal.

It only goes to the Supreme Court if it is on Point of law of public significance.

Civil
Starts in the County Court for small claims or fast track
for Multi-track it starts off in the County Court OR High Court
Unlike the criminal routes of appeal this works by the next judge up in the hierarchy not courts.

So from District Judge on appeal it would go to Circuit Judge and from the Circuit Judge it goes to High Court Judge.

On Multi-track cases appeal from the track goes to CoA, if it is on a point of law it goes to Supreme Court.


Hope this helps!