Pre-trial procedures

• Summary offences

  • first appearance at Magistrates’ Court only (e.g. assault and battery)
  • mags hear trial as bench of three, assisted by a legal advisor
  • mags will decide the verdict and sentence
• Triable either-way offences

  • first appearance in magistrates (duty solicitor, bail, etc.)
  • Plea before venue hearing - if pleading guilty, D will be sentenced, if pleading not guilty, a mode of trial hearing is needed
  • mode of trial - mags refuse to hear trial (case too serious) it will be sent to Crown; if Mags are willing to accept, then D gets to choose whether to have his trial at the Mags o Crown.
• Indictable Offences

  • First appearance at the Magistrates (duty solicitor, bail etc.)
  • Sent to Crown Court for trial
  • Jury of 12 decide verdict
  • Judge decides sentence if D is found guilty.