Izzyrobb9
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Hi, can anyone help me write a model answer about the pre- trial procedure of
Summary, Either Way, or Indictable Offences? it would be very much appreciated!

"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
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Kubberz
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Hi

I guess for Summary Offences you could have something like:

After the defendant has been arrested and charged by the police, they can decide to release them on bail under the Bail Act (1976) or keep them in custody following inquiries. The CPS will advise police on whether there is enough evidence for the case to proceed based on evidential and public interest tests.

All summary offences, which are the least serious, are tried in the Magistrates' Court and the defendant may be represented for the first hearing by a duty solicitor at the court.

The purpose of the first hearing is for the defendant to enter a plea of either guilty or not guilty. If a guilty plea is made, sentencing may take place immediately on first appearance or the Magistrates may adjourn for pre-sentencing reports before they pass a sentence.

However, if a not guilty plea is entered the procedure may be adjourned for witnesses or for the defendant to obtain further legal advice. The Magistrates will also decide whether the defendant should receive legal aid and be released on bail or be kept in custody.

This is an answer my teacher gave me early in the year, it's probably too brief. For Either Way and Indictable offences, the Crown Court can also try criminal cases. But the first paragraph is the same for all offences.
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NHM
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(Original post by Kubberz)
Hi

I guess for Summary Offences you could have something like:

After the defendant has been arrested and charged by the police, they can decide to release them on bail under the Bail Act (1976) or keep them in custody following inquiries. The CPS will advise police on whether there is enough evidence for the case to proceed based on evidential and public interest tests.

All summary offences, which are the least serious, are tried in the Magistrates' Court and the defendant may be represented for the first hearing by a duty solicitor at the court.

The purpose of the first hearing is for the defendant to enter a plea of either guilty or not guilty. If a guilty plea is made, sentencing may take place immediately on first appearance or the Magistrates may adjourn for pre-sentencing reports before they pass a sentence.

However, if a not guilty plea is entered the procedure may be adjourned for witnesses or for the defendant to obtain further legal advice. The Magistrates will also decide whether the defendant should receive legal aid and be released on bail or be kept in custody.

This is an answer my teacher gave me early in the year, it's probably too brief. For Either Way and Indictable offences, the Crown Court can also try criminal cases. But the first paragraph is the same for all offences.

You should really mention bail in so much detail... Also with a summary offence D is CHARGED or summonsed! I'll post an example on the thread hopefully it will be useful.
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