1. CATEGORY OF OFFENCE PLACE OF TRIAL EXAMPLES OF OFFENCE Summary Magistrates’ court Driving without insurance; Criminal damage £5,000 Common assault Triable either way Magistrates’ court OR Crown Court Theft; Assault occasioning a.b.h.; Obtaining property by deception IndictableCrown CourtMurder; Manslaughter; Rape; Robbery

2. Proceedings for a summary offence Plea Guilty Prosecutor outlines résumé of the facts of the case D is asked if s/he agrees (if not, Newton hearing to find out) D’s past record is given to court Other info & reports, especially D’s background and financial position Probation officer’s pre-sentence report, medical report, etc Mitigation pleas (i.e. for leniency) Magistrates or district judge decide sentence Not guilty Trial: prosecution opening speech; prosecution’s examination in chief; defence cross examination; submission of no case to answer? defence examination in chief; prosecution cross examination; defence closing speech Verdict by magistrates or district judge Guilty Past record, etc. Sentence Not guilty Free to go

3. Procedure for triable either way offences Plea before venue GUILTY Magistrates will hear the facts and decide if their sentencing powers are sufficient If sufficient will sentence If not, will send to Crown Court for sentencing NOT GUILTY Mode of trial hearing: Magistrates decide whether or not to accept jurisdiction ACCEPT JURISDICTION Defendant elects place of trial Chooses magistrates’ court. Trial held there Chooses Crown Court. Trial held there REFUSE JURISDICTION Sent to Crown Court for trial

4. Trial at Crown Court Plea of Not Guilty Jury is sworn in Prosecution’s opening speech – what the case is about and what they intend to prove Prosecution’s examination in chief, plus cross examination by defence, plus prosecution’s other evidence, e.g. documents, videos Defence may submit ‘no case to answer’: judge directs to acquit if s/he agrees If there is a case to answer, defence may make an opening speech provided they intend to call witnesses other than D Defence’s examination in chief, plus cross examination by prosecution, plus defence’s other evidence, e.g. documents, videos. If D does not give evidence judge may comment on that Prosecution’s closing speech – the strengths of their case Defence’s closing speech pointing out weaknesses in the prosecution’s case Judge sums up and directs jury on relevant law Jury retires to consider their verdict Jury’s verdict is given in open court Guilty verdict – judge gives sentence; if not, D is discharged and normally cannot be tried for the offence again – but see Criminal Justice Act 2003