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CATEGORY OF OFFENCE

CATEGORY OF OFFENCE. PLACE OF TRIAL. EXAMPLES OF OFFENCE. Magistrates’ court. Driving without insurance; Criminal damage £ 5,000 Common assault. Summary. Triable either way. Magistrates’ court OR Crown Court. Theft; Assault occasioning a.b.h.; Obtaining property by deception.

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CATEGORY OF OFFENCE

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  1. CATEGORY OF OFFENCE PLACE OF TRIAL EXAMPLES OF OFFENCE Magistrates’ court Driving without insurance; Criminal damage £5,000 Common assault Summary Triable either way Magistrates’ court OR Crown Court Theft; Assault occasioning a.b.h.; Obtaining property by deception Indictable Crown Court Murder; Manslaughter; Rape; Robbery

  2. Proceedings for a summary offence Plea Guilty Not guilty Prosecutor outlines résumé of the facts of the case Trial: prosecution opening speech; prosecution’s examination in chief; defence cross examination; submission of no case to answer? defence examination in chief; prosecution cross examination; defence closing speech D is asked if s/he agrees (if not, Newton hearing to find out) D’s past record is given to court Verdict by magistrates or district judge Other info & reports, especially D’s background and financial position Guilty Not guilty Probation officer’s pre-sentence report, medical report, etc Past record, etc. Mitigation pleas (i.e. for leniency) Free to go Sentence Magistrates or district judge decide sentence

  3. Procedure for triable either way offences Plea before venue NOT GUILTY GUILTY Mode of trial hearing: Magistrates decide whether or not to accept jurisdiction Magistrates will hear the facts and decide if their sentencing powers are sufficient ACCEPT JURISDICTION REFUSE JURISDICTION Defendant elects place of trial If not, will send to Crown Court for sentencing If sufficient will sentence Sent to Crown Court for trial Chooses magistrates’ court. Trial held there Chooses Crown Court. Trial held there

  4. Trial at Crown Court Plea of Not Guilty Guilty verdict – judge gives sentence; if not, D is discharged and normally cannot be tried for the offence again – but see Criminal Justice Act 2003 Jury is sworn in Prosecution’s opening speech – what the case is about and what they intend to prove Jury’s verdict is given in open court Jury retires to consider their verdict Prosecution’s examination in chief, plus cross examination by defence, plus prosecution’s other evidence, e.g. documents, videos Judge sums up and directs jury on relevant law Defence’s closing speech pointing out weaknesses in the prosecution’s case Defence may submit ‘no case to answer’: judge directs to acquit if s/he agrees Prosecution’s closing speech – the strengths of their case Defence’s examination in chief, plus cross examination by prosecution, plus defence’s other evidence, e.g. documents, videos. If D does not give evidence judge may comment on that If there is a case to answer, defence may make an opening speech provided they intend to call witnesses other than D

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