Law Judicial Precedent

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Which 2 courts hear criminal trials? - Magistrates Court - Crown Court 1. Where can summary offences only be tried? - At the Magistrates Court because they are a less serious offence. E.g. driving offences, common assault and criminal damage. 2. Where can indictable offences only be tried? - At the Crown Court because these are more serious offences. E.g. murder, manslaughter, rape and robbery. 3. Where are triable either way (TEW) offences tried? - Either the Magistrates court or the Crown court. These are offences which are in between non serious and serious. E.g Theft. 4. What is the Early Administrative Hearing designed to do and how is the hearing dealt with? - It is designed to prevent unnecessary delays. The first hearing is now an early administrative hearing. The hearing is dealt with by the clerk of the court or by a single lay magistrate. 5. What is a plea before venue and to which type of offence is it relevant? - This only applies to triable either way offences. The defendant is first asked whether he pleads guilty or not guilty. If guilty then the defendant has no right to ask for the case to be heard at a Magistrates court. However magistrates may decide to send the defendant to the crown court for their sentence. 6. When are mode of trial proceedings conducted and which factors should magistrates consider under s.19 Magistrates Court Act 1980? - mode of trial proceedings are conducted when the defendant pleads not guilty. It decides whether the case will be tried in the Magistrates court or the crown court. Under s.19 Magistrates Court Act 1980 they must consider the nature and seriousness of the case, their own powers of punishment and any representations of the prosecution and defence. 7. Why might a case be more suitable for Crown Court? If the case involves
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