Indictable Pre-Trial Procedure Essay Model Answer

• Indictable offences consist of really serious offences such as Murder and Robbery. Their trial must always take place in the Crown Court.
• After a suspect has been arrested for an indictable offence, they will be questioned at the police station. Whilst detained by the police, they are entitled to free legal advise under the Police Station Advise and Assistance Scheme (PSAAS) from a duty solicitor.
• 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 Magisrates, who must decide whether to grant bail or remand them in custody.
• Additionally, depending on the suspect's 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 but for an indictable offence, this is just an administrative hearing where bail, legal aid and other legal issues such as reporting are considered.
• The case is then transferred to the Crown Court under the Crime and Disorder Act 1988 where it will be dealt with (usually) by a Circuit Judge. In the Crown Court, there is a please and case management hearing (PCMH) where the defendant is identified, the charges read out and the defendant asked to make a plea.
• If the defendant pleads guilty, the judge will sentence them. If the defendant pleads not guilty, the judge will consider what steps are necessary to manage the case to trial, such as the number of witnesses involves, the length of the trial and the trial date will be agreed. A jury will be organised and the case will then be heard before a jury of 12 who will decide issues of fact and will be advised on the law by the judge. The prosecution have the burden of proof and the jury must be convinced of the defendant's guilty, beyond reasonable doubt and if they are not, they must acquit them.