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Summary Public Services - Understanding the legal system - P5
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Directly from my public services course which I achieved maximum marks in, this covers P5 of the understanding the legal system module
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Describe how the criminal trial process works for both a summary and anindictable offence
The criminal trial process is designed to deal with cases and after considering
the numbers, types the pre-trial procedures and the location of the final trial will
be split into 3 categories:
Summary offences
Indictable offences
Trial-able either way as either one
A summary offence is more likely to a minor offence then serious and as such
the final place of trial tends to be the magistrates court. The pre-trial process is
short, the numbers of people involved tends to be small but the types of people
involved tend to be the common public. Examples of the sort of crimes consider
summary include, theft and common assault.
An indictable offence is most likely a serious crime and a high offence and the
final trial takes place at a crown court as a result. The pre-trial process is long
the numbers of people involved will likely be high and the types of people
involved to tend to be more high profile than with summary offences. Examples
of the sort of crimes considered indictable include rape and murder.
An offence that is trial-able either way has been reviewed and no final verdict
on the severity of the crime has been decided. As such the final trial can take
place in either a magistrate’s court or crown court. The offender may even be
allowed to choose which court they are trailed in. The final decision once made
is not necessarily final either. A magistrate’s court may decide the severity of
the crime is such that it needs to be in a crown court. Equally a crown court may
decide that the crime is to minor for crown court and should be trailed in a
magistrate’s court. The number of people involved can be low or high it
depends upon the case, the pre trial process is often long because it’s hard to
decide upon the court required for the final trial. The type of people involved is
also either way, its dependent upon the case again. The Examples of the crimes
that may be considered trail-able either way include theft and assault with
weapons.
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