triable either way offences

Cards (6)

  • the procedure is set out in the Magistrate's court act 1980
  • If the defendant pleads guilty, then the matter is automatically heard by the magistrate's court and a sentencing hearing will take place in the same way that summary offences have
  • Where a defendant pleas not guitly, the magistrates must decide where the case is tried and this done through a mode of trial procedure.
  • A mode of trial procedure is to decide the most appropriate court for the case to be dealt with. The magistrates decide fi the case is suitable for a magistrate's court trial and if they are prepared to accept jurisdiction. they must consider the nature and seriousness of the offence, their powers of punishment, and any representation of the prosecution and defence.
  • In a mode of trial hearing, if a case involves complex questions of law, a breach of trust, or offences committed by organised gangs then it Is sent to the crown court.
  • In a mode of trial case, if the case is referred to the crown court, or the defendant chooses trial there, all pre-trial matters are dealt with by the crown cout.