Outline Procedure to Trial To be able to describe the procedure from charging the accused to the start of his trial To be able to describe the procedure.

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Presentation transcript:

Outline Procedure to Trial To be able to describe the procedure from charging the accused to the start of his trial To be able to describe the procedure from charging the accused to the start of his trial To be able to apply this to a given situation To be able to apply this to a given situation

Principles Behind the Procedure What do you think is the main purpose of the criminal justice procedure? To ensure that justice is done.

Criminal Procedure Rules 2005 Acquitting the innocent and convicting the guilty Acquitting the innocent and convicting the guilty Dealing with prosecution and defence fairly Dealing with prosecution and defence fairly Recognising rights of defendant (HRA) Recognising rights of defendant (HRA) Recognising the interests of witnesses, victims and jurors Recognising the interests of witnesses, victims and jurors Dealing with case efficiently and expeditiously Dealing with case efficiently and expeditiously Taking into account: Taking into account: Seriousness of offence Seriousness of offence Complexity of issue Complexity of issue Severity of consequences Severity of consequences

Summary Offences Start Charged Summoned Next Bail or custody? Public funding for representation Final Plead guilty (post) Trial Court selection MC – proceed to trial CC – sent for trial Pre-trial Case management hearing Trial Plead guilty- Sentenced by judge Not guilty - trial First Appear before magistrates Bail and funding Then Plea and case management hearing Final Trial by jury Either-way Offences Indictable Offences