Pre trial Procedure

• Summary Offences

  The defendant will first be brought before the Magistrates Court for an early first hearing.  At this stage they will need to enter a plea.  If the D pleads guilty, the Magistrates will then sentence the Defendant, this might be on the day or a later day. If the D pleads not guilty, the early first hearing continues and the issues of the trial will be set out and a date for the trial will be set.
• Summary Offences (2)

  An administrative hearing in the Magistrates Court allows the D the opportunity to apply for bail and legal aid.  If the D is found guilty following the trial then the Magistrates will sentence them. The maximum powers of sentence is 6 months for one offence, or a £5000 fine
• Triable Either Way Offences:

  Firstly the Defendant will be brought before the Magistrates court for a plea before venue hearing.  Here, the D enters their plea.  If they plead guilty, the offender can be sentenced by the Magistrates Court or the Crown Court, depending on the seriousness of the offence.  If the D pleads not guilty a ‘mode of trial’ hearing needs to be held.
• Triable Either Way (2)

    Here, the Magistrates will first consider whether they feel they have the jurisdiction to hear the case. If the Magistrates agree to hear the case, D can choose to go to the Crown Court Instead. An administrative hearing in the Magistrates Court allows the D to apply for bail and legal aid.  If the trial was in the Magistrates Court, they may sentence the D but only have powers of 6 months for one offence or £5000.  If they consider that these powers are not sufficient, the D may be sent to the Crown Court for sentencing where their powers are unlimited.
• Indictable Offences

  • Defendant will be brought before magistrates for an early first hearing . At this stage they will need to enter a plea . If D pleads guilty they will be sent to crown court to be sentenced .
  • if D pleads not guilty then bail and legal aid may be applied for an administrative hearing in the magistrates the case will then be sent to the crown court.
• Indictable Offences (2)

  • At the crown court Ds indictment will be read to them again .
  • evidence father her by both defence and prosecution will be shared and D has another opportunity to plea if not they will be sentenced in the crown
  • if they plead not guilty case managment will need to be done by the judge , setting a timetable deciding on witness statements