pre-trial procedure for triable either way offences

• pre-trial procedure - known as a 'plea before venue'

  • determine where the case is tried at
  • where the defendant is asked how they wish to plea
  • magistrates jurisdiction is also limited for £5000 fine/ 6 months imprisonment
  • the case will be heard in the magistrates as a summary trial, or as an indictable offence in crown court - based on complexities
• plea before venue: guilty

  • if D pleads guilty - not entitled to request where their case should be tried
  • magistrates hear the facts of the case and decide whether they have sufficient sentencing powers
  • if not, the sentence will decided by the crown court
• plea before venue: not guilty

  • known as the mode of trial hearing
  • if D pleas not guilty - a mode of trial hearing will determine the court of trial
  • magistrates decide whether or not to accept jurisdiction
• magistrates accept or refuse jurisdiction

  • jurisdiction will be accepted - the case is tried as a summary offence
  • there will be a defendants elections allowing D to choose place of trial - magistrates or crown court
  • jurisdiction refused - case sent straight to the crown court as it is out of their sentencing powers
  • this is decided based on the nature and seriousness of the offence under s19 of the magistrates court act 1990