Pre-trial Procedure Summary Essay Model Answer

• Summary offences consist of minor offences and are the least serious types of crimes for example assault and battery. They are only ever tried in the Magistrates Court.
• After a suspect has been arrested for a summary offence, they will be questioned at the police station. Whilst detained by the police, they are entitled to free legal advice, from a duty solicitor, under the Police Station Advice and Assistance Scheme (PSAAS) who will advise them of their rights.
• If there is enough evidence for a realistic prospect of conviction, the suspect will be charged with committing the offence. Under the Bail Act 1976, the suspect may then be released on bail, or held on remand in police cells and they will be required to attend the Magistrates' Court at the earliest opportunity for the issue to be considered by a bench of Magistrates, who must decide whether to grant bail or remand them in custody.
• Additionally, depending on the suspects earnings and whether they pass the 'merit test', they may also be entitled to legal aid which will provide them funding for legal representation for their trial.
• All criminal cases start in the Magistrates Court, so the suspect will be brought before the Magistrates for their first hearing. Here, the legal advisor will confirm the defendant's name, address and date of birth and read out the charges against them.
• For a summary offence, the defendant will then be asked if they plead guilty or not guilty. If the defendant pleads guilty, there will be a sentencing hearing. During the sentencing hearing, the CPS will outline the facts of the case and any aggravating factors that would contribute to increasing the sentence. The Bench of Magistrates of District Judge will be made aware of any previous convictions and may also be provided with a pre-sentence report provided by the Probation Service.
• This will contain an abundance of information about the defendant, such as; their employment status, finances, living arrangements, any dependents etc. Following this, the defence will submit any mitigating factors that may contribute towards a more lenient sentence. If the defendant disputes the facts of the case, they may be a newton hearing (to clarify the facts which might affect the sentence) prior to the sentencing hearing.
• On the other hand, if the defendant initially pleads not guilty, there will be a trial before 3 lay magistrates/a district judge. They consider the facts of the case and evidence submitted being advised on the law by the legal advisor. When reaching an unanimous/majority verdict, they must be convinced of the defendant's guilty, beyond reasonable doubt and if they are not, they must acquit them and find them not guilty. If they are sure, then they will convict the defendant and pass sentence (maximum 6 months imprisonment, £5000 fine or both).