(855) 4-ESSAYS

Type a new keyword(s) and press Enter to search

Trial of an Indictable Offence

            Firstly the crime is committed and an investigation will be made in place against the crime. An arrest and charge will occur and an agreement for bail may or may not be made. If bail is not given the defendant will be held in remand, if given bail may be let go although must attend court at the date requested. The hearing will be heard in the magistrate court.
             Prosecution will present its case against the defendant and will have witnesses. The defence council will then cross examine the witnesses to show the weaknesses in the prosecutions case. .
             If there is not enough evidence held against the defendant to face trial the magistrate will make the decision of allowing the defendant to go. If there is enough evidence to present for the defendant to stand trial the magistrate will make the decision of the date of the trials occurance and the court that it will be placed in. .
             The trial of the indictable offence will then be heard either in a District or Supreme court.The defendant will be given the option to plead guilty or not guilty and at any time may plead guilty.
             If guilty the judge hears all circumstances including character referances, prior convictions and then sentences or punishes the defendant.
             If pleaded not guilty a jury of 12 will be chosen for the case. .
             The prosecution will present his case against the defendant. Presenting evidence and questioning witnesses in the hope of winning over the jury.
             The defence council may cross examine the prosecutions witnesses.
             It is then up to the defence council to present there case defending the accussations held against its client.Evidence and witnesses will be presented before the jury. The defendant does not have take the stand at any time because what he says may be manipulated which would not look good for the case. The prosecution may cross examine the defence councils witnesses.
             The prosecution and defence council will make there final address to the jury.


Essays Related to Trial of an Indictable Offence

1. Law

The Provincial courts have trial divisions, while the superior courts have both trial & appeal divisions. ... An appeal from the Provincial court regarding a summary conviction offence is heard by a single judge of the Superior court. An appeal regarding an indictable offence is heard by the appeal decision of the Superior court, which comprises a panel of 3 or 5 judges. ... The Crown attorney is the lawyer reppin the government's interests in investigating & punishing criminal offences to ensure society safety. ... Evidence is the info that tends to prove or disprove the elements of an...

  • Word Count: 559
  • Approx Pages: 2
  • Grade Level: Undergraduate

2. Criminal Law essay

Some other crimes include blackmail, shoplifting, graffiti, culpable driving; which are all summary offences which means that it is a common but not really serious crime and are dealt with by the magistrates court. Indictable offences are more serious crimes and are decided by a jury of 12 people in the county court or supreme court, this offence include murder, armed robbery, rape manslaughter, assault, treason and homicide. ... There are courts all over the world so that justice can be served, that is why there is the goddess of justice which symbolizes that justice is blind and during the ...

  • Word Count: 581
  • Approx Pages: 2
  • Grade Level: Undergraduate

3. Describe the Role and Power of Magistrates

In between summary and indictable offences there are a whole range of offences that are termed either-way offences. These are offences that vary in their seriousness. The best example of an either-way offence is theft. These offences can either be tried summarily by the magistrates or sent up to the Crown Court. ... If he indicates a plea of not guilty, there then follows a process called Mode of Trial. ...

  • Word Count: 1181
  • Approx Pages: 5
  • Grade Level: Undergraduate

4. Describe the selection,training and role of a lay magistrate

Due to the importance of a lay magistrate's role in criminal jurisdiction there are selection principles for a magistrate to abide to, this is to make sure that everybody receives a fair trial. ... Hearings for committal to the Crown Court for trial on a triable either way offence or trial on an indictable offence 3. Trial of summary offences 4. Triable either way offences when the defendant has chosen the Magistrates Court 5. ...

  • Word Count: 1021
  • Approx Pages: 4
  • Grade Level: High School

5. Legal and Judiciary Diversity

One advantage of trial by judge as against trial by jury is that it results in a reasoned judgement.15 Yet there is a right to have trial by jury only in the following civil cases: libel, slander, malicious prosecution, false imprisonment and allegations of fraud.16 The right to trial by jury in the categories listed above has also been subject to a provision of an act by parliament.17 Additionally, the case involving Ward v James18, was a famous case involving Lord Denning. ... The trial by jury was initially used in every common law cases, yet in present days, there are statutes guaranteei...

  • Word Count: 2914
  • Approx Pages: 12
  • Has Bibliography
  • Grade Level: Undergraduate

6. History of Irish and French Terrorism

Moreover, article 38.5 lays down the right for all persons accused of having committed a criminal offense to be tried by jury: "save in the case of the trial of offenses under section 2, section 3 and section 4 of the article...no person shall be tried on any criminal charge without a jury." ... Article 38.3-4 3e of the Irish Constitution states: "Special courts may be established by law for the trial of offenses in cases where it may be determined in accordance with such law that the ordinary courts are inadequate to secure the administration of justice and the preservation of public peace an...

  • Word Count: 10522
  • Approx Pages: 42
  • Grade Level: Graduate

7. Euthanasia

Everyone who counsels a person to commit suicide or aids or abets a person to commit suicide, whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years." ... Suicide, however, is not a criminal offence. ... At his trial, her father maintained that he had ended his daughter's life out of compassion. ...

  • Word Count: 1827
  • Approx Pages: 7
  • Has Bibliography

8. Assisted Suicide - The Sue Rodriguez Case

Introduction The Sue Rodriguez case documents a trial that to this day still effects the laws surrounding assisted suicide. Through this trial, questions about the right-to-die and quality of life arose. ... Section 241 (b) of the Charter provides as follows, Everyone who (b) aids or abets a person to commit suicide, where suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. ... Her case was dismissed by the majority of the B.C Court of Appeal who affirmed the trial judge's decision. ...

  • Word Count: 1269
  • Approx Pages: 5
  • Grade Level: High School

9. Justice or Injustice

(3) Non culpable homicide: Homicide that is not culpable is not an offence... Any person who commits any of the above crimes, is guilty of an indictable offence and is liable to a term of imprisonment from 2 years in jail to a life time sentence. ... Then depending on the case some may be sent to prison until they are sentenced in court and others may pay a bond to be on probation until their trial. ... Nevertheless, after committing a crime and being arrested, you can be sent to court for trial. ...

  • Word Count: 1489
  • Approx Pages: 6
  • Grade Level: High School

Got a writing question? Ask our professional writer!
Submit My Question