Tim has been charged with criminal damage, a triable either way offense. At the plea and directions hearing, Tim must decide whether to plead guilty or not guilty. If guilty, the magistrates court would determine if it has sufficient sentencing powers. If not guilty, a mode of trial hearing would be held to determine whether the case is heard in magistrates or crown court based on factors like representations, case complexity, and Tim's criminal history. The crown court has more severe sentencing powers but a trial may take longer, while the magistrates court has a quicker process but less sentencing power for higher value damage.

1. G151 ELS
Pre-trial Procedure:
2011-12
Miss Hart
What happens before you go to
trial, and how do we decide
where you go?
Or

2. Final Consolidation... 10 minutes, 12 questions
Can you fill it all in?

3. Intro:
Can You Remember the Categories of Offences?
SUMMARY
Most Serious
TRIABLE
INDICTABLE
EITHER WAY
Middle of the
range
Least serious

4. A couple of basics about the
Criminal Justice System
Presumption of The right to a fair trial The right to be tried
innocence or hearing [Article 6 of by your peers
Human Rights Act 1998]
The right to access The right to a fair and The right not to be
good quality legal effective appeal detained without
representation for all. system. reason (Article 5: Right to
liberty & security of person)
Why are these so important?
Can you think of any limitations on these?
Student Task (AO2):
Which do you think is the most important? Why?

5. What’s the difference between the
Courts?
Magistrates Crown Court
% of crimes? % of crimes?
Constitution of the Court? Constitution of the Court?
Sentencing Powers? Sentencing Powers?

6. Pre-trial Procedures for Summary Offences
1. Early Administrative Hearing
Applies to....
Run by...
Aims to...
Deals with...

7. Triable either way offences
Plea &
Directions
Hearing
Guilty Not Guilty
 Does MC have the
sentencing power to
deal with it?
... D enters the
 Why might D plead mode of trial
guilty this early?
procedure...
Why might we
‘reward’ him for this?

8. Mode of Trial
Applies to....
Purpose is to...
Things to take into account...
representations from the the nature of the case any other relevant
prosecution and the defence [complexities] circumstances
whether their sentencing Following the Criminal Justice the seriousness of the offence
powers are sufficient Act 2003, D’s previous
convictions.
Refuse?

9. Pre-trial
Procedures D is charged with a triable either way offence offence and
for Triable bailed to appear in the Magistrates’ Court
either Way
offences
Stage One:
D Pleads... D Pleads...
Then?
Then?
But... But...

10. Why chose either court?
Now, look back at what you
have in each column, and pick
two or three from each to
explain in more detail...
...say why they are a
disadvantage or advantage of
that court!

11. Plenary:
Which court should Tim choose and why?
Tim has been charged with criminal damage to the value of £10,000 at a children’s playground.
Discuss what Tim would want to consider in deciding which court his case will be heard in. [12]