triable either way procedure

Cards (3)

  • begin in the magistrates court where the defendant pleads guilty or not guilty at the “plea before venue” hearing bail and legal funding can be discussed at any time
  • if the defendant pleads guilty, the magistrates here facts of the case and decide if they have the power to deal with it

    if they do the magistrates will pass a sentence
    If they do not the magistrates will send it to the Crown Court for sentence
  • if defendant pleads not guilty a “ mode of trial” hearing – magistrates decide if they have power to deal with the case
    if the magistrates agreed to hear the case, the defendant can choose whether to go to the magistrate court or the Crown Court for trial
    if the magistrates don’t accept the case, they will send the case to the crown court for trial