Pre-trial procedures

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Created by
Sidra zahid

Cards (5)

  • Summary offence:
    • Firstly, the D will attend the Magistrate court for a preliminary hearing after being arrested and charged. Here, the D will enter a plea.
    • If the D pleads guilty, the magistrates will go ahead with the case and wherever possible, decide on the sentence there and then.
    • If the D pleads not guilty, the magistrates must try to discover the issues involved and will set a date for trial at the MC.
  • Triable either way offence:
    • Firstly, the D attend the MC for a preliminary hearing after being arrested and charged. This hearing is called a 'plea before venue hearing'. Here the D will enter a plea.
    • If the D pleads guilty, the D will be sentenced by the Ms at the MC. However, the Ms may decide to commit the D to the CC for the sentencing under S.14 of the Sentencing Act 2020.It is not within their sentencing powers as Ms can sentence up to 12 months.
  • TEW:
    • If the D pleads not guilty, then the Ms must carry out 'mode of trial' proceedings. This is to decide whether the case will be tried in the MC or the CC.The Ms first decide if they think the case is suitable for trial in the MC and whether they are prepared to accept jurisdiction or whether they should send it to the CC for trial. Under S.19 OF The Magistrate Court Act 1980, the Ms must consider things such as: their own powers of punishment, cases involving complex questions of fact or law and the severity of the offence.
  • TEW:
    • If the Ms are prepared to accept jurisdiction, the D is then told he has the right to choose trial by jury at CC or be tried by the magistrates at MC.
    • However, if they are tried by the Ms and at the end of the case he is found guilty, the Ms can commit him to the Crown court for sentencing if they feel their powers of punishment are insufficient - under the S.14 of the Sentencing Act 2020
    • If the Ms are not prepared to accept jurisdiction the D is sent to the CC for their trial.
  • Indictable offence:
    • The D first appears in the MC for a preliminary hearing where administrative tasks will be carried out like confirming the D's name and address and bail may also be discussed.
    • However, for this type of offence, the D is then sent to the CC
    • Here in CC, there will be a plea and case management hearing, where the D will enter a plea. If he pleads not guilty, there will be a review where details of the trial will be confirmed. If he pleads guilty, he will be sentenced at CC.