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Legal System 3

Criminal process

Summary Minor offence tried in Magistrates' Court
Triable either way Offence that may be tried in Magistrates' or Crown Court
Indictable Serious offence that can only be tried in Crown Court
Remanded on bail Released pending trial
Remanded in custody Held in prison pending trial
Bail Act 1976 s1 Gives Magistrates the right to grant bail
Surety Financial guarantee
Verdict Decision as to guilt or innocence
Mode of trial hearing Where magistrates decide where either way trial will take place
Plea before venue D in either way case states whether they are G or NG
Case-hardened Magistrates are tough!
More likely to be acquitted Reason for D opting for jury trial
Lower sentencing powers Reason for opting for summary trial
Common Assault Example of a summary offence
Burglary Example of an either-way offence
Murder Example of an indictable offence
Abscond Flee
Conditions Terms that may be attached to the granting of bail
Suspect may interfere with evidence or cause harm to self or others Reasons for refusing bail.
Leave to appeal Permission granted by trial or superior court
By way of case stated Appeal on a point of law where the facts are agreed
Against conviction A D who has pleaded guilty can't appeal on this ground
Judge with magistrates Hear appeal from Mags Court in CC
QBD High Court Division that hears criminal appeals
Court of Appeal Hears appeals from the Crown Court
Created by: Mr Lovell