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Pre Trial Procedure in Criminal Cases Chapter 9 9.1 Pre Trial Hearing * All criminal cases go first to Magistrates. * Minor offences can be dealt with if: o Plead guilty. o Is present/do not want legal representation. * Most driving offences pleaded by post. 9.1.1 Categories of Offences * Type of offence affects number of pre trial hearings. * Criminal offences divided into three main categories: 1. Summary Offences a. Least serious b. Always tried in magistrates c. Nearly all driving offences / Common assault / Criminal damage up to £5,000 2. Trialable Either way Offences a. Middle range of crime. b. Theft / Assault / ABH. c. Tried either in magistrates of crown court. 3. Indictable Offences a. Most serious crimes. b. Murder / Manslaughter / Rape. c. Must be tried in Crown Court. d. First hearing held in Magistrates. Plea before venue * First stage in deciding where a trial either way offence is held is called a plea before venue. * Defendant asked guilty / not guilty. If pleads guilty automatically...

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