Law 1

• What are summary offences? Minor offences such as fly tipping
• Who tries summary offences and where? Mags in a Mags court
• What are indictable offences? and Examples Most serious offences i.e murder, manslaughter, terrorism, rape
• Who are indictable offences tried by and where? Judge and Jury in a Crown Court
• What are triable either way (TEW) offences? offences that fall inbetween - theft / actual bodily harm (abh) / minor assault
• Who and where are triable either way (TEW) offences heard? Mags or judge/jury in a crown court
• What 2 issues do the pre-trial hearings address? Whether the Defendant has to be granted Bail and Legal Aid
• What is Bail? The time from when your arrested and charged and are awaiting trial - aka interim time period,
• What does Bail allow? Allowed to 'live in freedom' but may have to adhere to certain conditions
• What conditions may the defendant have to adhere to while on bail? -Giving up passport -not interfering with witnesses -staying away from certain people
• What is the alternative to bail? Remanded in custody
• What does it mean to be remanded in custody? Locked up in prison while awaiting trial
• Why would one be remanded in custody? if court considers you to be at flight risk or too dangerous to be released or a danger to yourself (suicide)
• What can you do if refused to grant bail? Appeal against the refusal
• What does it mean to be granted Legal Aid? Getting money (taxpayers money) that pays for a lawyer
• Why would someone be granted Legal Aid? Everyone under the rule of law has the right to a fair trial and if money is the issue, legal aid is granted
• How does one qualify for legal aid? A financial assessment is carried which looks at capital and income and if the threshold is met, LA is granted
• If the threshold for LA what do you recieve? Free legal advice and representation
• What happens if you exceed the threshold? Pay a contribution
• What are the threshold for Legal aid in terms of INCOME? (2023) Lower than £317 - get legal aid £317 - £733 - pay contributions More than £733 - NO legal aid
• What is the threshold for CAPITAL? Lower than £8000 in assets
• What is Capital? Savings , House , Assets
• What is income? Money coming in (gross income - all expenses)
• What is a key factor when deciding whether to grant legal funding (in serious criminal cases) ? Whether liberty is at stake - could end up in prison / damage reputation
• What does the case management scheme say? Complete cases at the earliest possible hearing
• What does a guilty plea result in? straight to sentencing
• What does a not guilty plea result in? in a full trial
• What is the first thing established in court? HOW the defendant is pleading - guilty or not
• EXAMPLE : what would happen in a driving case? usually dealt by post - no need to atttend court
• What has to be proved when deciding if a person is guilty or not? Proved beyond reasonable doubt
• Trial in this country is ... Adversial
• What does it mean to have a adversial trial? Prosecution and defense present their cases and cross examine witnesses. The judge acts as a referee, overseeing the trial
• What does it mean to cross examine? ripping the case appart by interrogation and challenging witnesses and testimonies
• Mags Try.... Summary cases (speeding) Triable either way (theft)
• Committal proceedings for.... Triable either way offences
• Deal with... First hearings of indictable offences
• Why do First hearings of indictable offences need to be dealt with? it needs to be known if there is actually a case
• What side issues do mags courts deal with? bail and warrants
• Transfer proceedings for indictable offences to crown court
• What age gap do youth courts deal with? Young offenders aged 10-17