Published on: Mar 4, 2016
Transcripts - Pretrial procedure08
Pre-Trial Procedure in
Pre-Trial Procedure in Criminal Cases
Criminal Cases …
Prior to these lessons
you should have read
Produced by Mrs Anna Lindley.
and précised Chapter 5
Edited by and copyright of
Dr Peter Jepson. of ‘OCR Law for AS’
firstname.lastname@example.org by J. Martin
In this lesson… A key feature
• Check that your mobile is switched The key thing to recognise is that it is
the state who is prosecuting - not the
• Take notes
The police investigate the crime - the
• Feel free to ask questions – but raise Crown prosecutes the case.
your hand first
Answer the following questions…
1. Summary offences – e.g. driving offences,
assault. Always tried in the Magistrates’
Court. How is it decided where a triable-either-way
offence will be dealt with?
2. What is a ‘triable-either-way offence’?
Give an example. Why is an adjournment usually needed after
D’s first appearance in court?
3. Indictable offences – e.g. murder,
manslaughter, rape. Must be tried at the What is an “early administrative hearing”?
Crown Court (though still begin in the
Bail - What is it? Bail Act 1976
Bail may be granted by either the police (s. The key Act – starting with the assumption
38 PACE) or the magistrates. that an accused person should be granted
The CJPOA 1994 gives the police power to In deciding whether to grant bail, the court
impose conditions on a grant of bail, such as will consider various factors. Can you list
asking the suspect to surrender his passport or these?
requiring a surety from another person. A court can make conditions for the
granting of bail, similar to the conditions
which can be set by the police.
Crown Prosecution Service
Prosecutions brought by the State are
conducted by the CPS.
In pairs, undertake the activity on
page 64 of “OCR Law for AS” by J. The head of the CPS is the Director of
Martin. Public Prosecutions
Once D has been charged with an offence, the
Remember to give reasons for
police role is at an end – the CPS are now
responsible for the case.
10 CPS (cont’d) Evidential Test
Is there sufficient evidence to provide “a
The CPS must decide whether or not to go realistic prospect of conviction” in the case?
ahead with a prosecution.
CPS will consider the strength of the evidence,
The two main factors the CPS will take into for example by asking themselves whether the
account in deciding this are… evidence is admissible or unreliable.
1. The evidential test
Can you think of any circumstances in
2. The public interest test. which evidence may be inadmissible?
Public Interest Test
Is it in the public interest to continue with the
Was the offence committed against, for example, Plan, and then write, answers to the
a police officer?
exam questions on page 65 of “OCR
Was a weapon / violence used? Law for AS”.
Is the court likely to impose only a nominal