Criminal Litigation: BSB 1 Overview of
Criminal Procedure
List Summary Only offences (3) - correct answer-1. common assault
2. criminal damage £5000 or less
3. shoplifting of less than £200
List Indictable Only offences (3) - correct answer-Robbery, rape, s18 OAPA- GBH with intent
List Either Way offences (3) - correct answer-1. theft
2. burglary
3. fraud
4. sexual assault
5. s47 OAPA- ABH
6. s20 OAPA- wounding and GBH
7. Possession of Class A or B drugs
8. possession with the intent to supply class a or b drugs
9. criminal damage more that £5000
Where are trials on indictment tried? - correct answer-Crown Court
Where are summary trials conducted? - correct answer-Magistrates' court
Which summary offences may appear on an indictment if they are linked to an indictable
offence which the accused has been sent to the crown court for trial for? - correct answer-1.
common assault
2. taking a motor vehicle without consent
3. driving whilst disqualified
4. criminal damage where the value of the damage does not exceed £5,000
How do you tell if something is an either-way offence? - correct answer-a) it is listed in the
MCA sch 1 as such
2. the enactment specifies one penalty on summary and one on indictment
What type of offences are common-law offences? - correct answer-Indictable offences and
triable only on indictment
What does the crown court being a single court mean? - correct answer-although the Crown
Court sits in many different locations and a case will normally be tried at a location near
where the offence allegedly occurred, the trial may take place at any location of the Crown
Court
Which judges have jurisdiction in the crown court? - correct answer-(a) any judge of the High
Court; or
, (b) any circuit judge, recorder, qualifying judge advocate or District Judge (Magistrates'
Courts); or
(c) subject to and in accordance with the provisions of sections 74 and 75(2), a judge of the
High Court, circuit judge, recorder or qualifying judge advocate sitting with not more than
four justices of the peace
If a person is convicted by a MC and they pleaded NG may they appeal and to where?
If they pleaded guilty what is the only aspect they may appeal? - correct answer-To CC
Against conviction and/or sentence
Guilty- may only appeal against sentence
When does the CC have jurisdiction to grant bail? - correct answer-1. during the course of a
trial on indictment or other proceedings before it
2. who has been sent to it in custody for trial or sentence
3. who is appealing from it to the COA and has been granted a certificate that the case is fit
for appeal
4. who has been remanded in custody by a MC following an argued bail application
What judges sit in the MC? - correct answer-District judges
What offences foes the MC have the jurisdiction to try? - correct answer-Summary only
any offence which is triable either way, irrespective of where the offence was committed
May try an EW offence committed by an adult if the offence is not so serious that the court's
powers of punishment would be inadequate and the accused agrees the court may impose a
penalty of anything up to six months' imprisonment and/or an unlimited fine
When may the MC commit the accused to the CC? - correct answer-Where the court
considers its powers of punishment to be inadequate of an EW offence
What are the sources of the law on public funding in criminal matters? - correct
answer-LASPO 2012 and standard crime contract 2017 issued by Legal Aid Agency
How is legal aid granted? - correct answer-Most need authorisation by LAA nad should be
made electronically
What section of LASPO provides for applying for representation orders in MC or CC? -
correct answer-S17
In what form should representation orders be made? - correct answer-Electronically on form
CRM14e
Can MC grant representation? - correct answer-Yes
Criminal Procedure
List Summary Only offences (3) - correct answer-1. common assault
2. criminal damage £5000 or less
3. shoplifting of less than £200
List Indictable Only offences (3) - correct answer-Robbery, rape, s18 OAPA- GBH with intent
List Either Way offences (3) - correct answer-1. theft
2. burglary
3. fraud
4. sexual assault
5. s47 OAPA- ABH
6. s20 OAPA- wounding and GBH
7. Possession of Class A or B drugs
8. possession with the intent to supply class a or b drugs
9. criminal damage more that £5000
Where are trials on indictment tried? - correct answer-Crown Court
Where are summary trials conducted? - correct answer-Magistrates' court
Which summary offences may appear on an indictment if they are linked to an indictable
offence which the accused has been sent to the crown court for trial for? - correct answer-1.
common assault
2. taking a motor vehicle without consent
3. driving whilst disqualified
4. criminal damage where the value of the damage does not exceed £5,000
How do you tell if something is an either-way offence? - correct answer-a) it is listed in the
MCA sch 1 as such
2. the enactment specifies one penalty on summary and one on indictment
What type of offences are common-law offences? - correct answer-Indictable offences and
triable only on indictment
What does the crown court being a single court mean? - correct answer-although the Crown
Court sits in many different locations and a case will normally be tried at a location near
where the offence allegedly occurred, the trial may take place at any location of the Crown
Court
Which judges have jurisdiction in the crown court? - correct answer-(a) any judge of the High
Court; or
, (b) any circuit judge, recorder, qualifying judge advocate or District Judge (Magistrates'
Courts); or
(c) subject to and in accordance with the provisions of sections 74 and 75(2), a judge of the
High Court, circuit judge, recorder or qualifying judge advocate sitting with not more than
four justices of the peace
If a person is convicted by a MC and they pleaded NG may they appeal and to where?
If they pleaded guilty what is the only aspect they may appeal? - correct answer-To CC
Against conviction and/or sentence
Guilty- may only appeal against sentence
When does the CC have jurisdiction to grant bail? - correct answer-1. during the course of a
trial on indictment or other proceedings before it
2. who has been sent to it in custody for trial or sentence
3. who is appealing from it to the COA and has been granted a certificate that the case is fit
for appeal
4. who has been remanded in custody by a MC following an argued bail application
What judges sit in the MC? - correct answer-District judges
What offences foes the MC have the jurisdiction to try? - correct answer-Summary only
any offence which is triable either way, irrespective of where the offence was committed
May try an EW offence committed by an adult if the offence is not so serious that the court's
powers of punishment would be inadequate and the accused agrees the court may impose a
penalty of anything up to six months' imprisonment and/or an unlimited fine
When may the MC commit the accused to the CC? - correct answer-Where the court
considers its powers of punishment to be inadequate of an EW offence
What are the sources of the law on public funding in criminal matters? - correct
answer-LASPO 2012 and standard crime contract 2017 issued by Legal Aid Agency
How is legal aid granted? - correct answer-Most need authorisation by LAA nad should be
made electronically
What section of LASPO provides for applying for representation orders in MC or CC? -
correct answer-S17
In what form should representation orders be made? - correct answer-Electronically on form
CRM14e
Can MC grant representation? - correct answer-Yes
