TEW pre-trial Procedure Essay Model Answer

• Triable-either-way (TEW) offences consist of mid-ranging offences that can be serious or minor, such as Theft or Assault occasioning Actual Bodily Harm. They can be tried in either the Magistrates or Crown Court.
• After a suspect has been arrested for a TEW offence, they will be questioned at the police station. Whilst detained by the police, they are entitled to free legal advice from a duty solicitor, under the Police Station Advice and Assistance Scheme (PSAAS) who will advise them on their rights.
• If there is enough evidence for a realistic prospect of conviction, the suspect will be charged with committing the offence. Under the Bail Act 1976, the suspect may then be released on bail, or held on remand in police cells and they will be required to attend the Magistrates Court at the earliest opportunity for the issue to be considered by a Bench of Magistrates, who must decide whether to grant bail or remand them in custody.
• Additionally, depending on the suspect's earnings and if they pass the 'merit test.' they may also be entitled to free legal aid which will provide them funding for legal representation for their trial.
• All criminal cases start in the Magistrates Court, so the suspect will be brought before the Magistrates for their first hearing. Here, the legal advisor will confirm the defendant's name, address and date of birth and read out the charges against them.
• For TEW offences, there is a plea before venue, where under s.17 of the Magistrates Act 1980 the defendant is asked whether they plead guilty or not guilty. If the defendant pleads guilty but disputes the facts of the case, there may be a Newton Hearing (to clarify the facts) or the case may go straight to a sentencing hearing which will usually be dealt with by the magistrates but they may send the case to the Crown Court if they believe their sentencing power (of 6 months imprisonment) are insufficient.
• However, if the defendant pleads not guilty, then the case will go to a Mode of Trial hearing. Here, under s.19 of the Magistrates Act 1980, the Magistrates will hear arguments put forward by the prosecution and defence as to what court the case should be heard in. The Magistrates may; accept jurisdiction and decide they have the power and are prepared to hear the case in the Magistrates Court or refuse jurisdiction and send the case for trial to the Crown Court (which has greater sentencing powers) because the case is too complex.
• Under s20 of the Magistrates Act 1980, if the Magistrates can and will hear the case, the defendant can elect (choose) whether to be tried in the Magistrates or the Crown Court.
• There will then be a trial. If the trial is in the Magistrates Court, 3 lay magistrates/district judge, will decide the facts of the case and will be advised on the law by a legal advisor. If the trial is in the Crown Court, a jury of 12 lay people will decide the facts of the case and will be advised on the law by the judge. In both courts, the prosecution have the burden of proof and either the magistrates or the jury must be convinced of the defendant's guilt, beyond reasonable doubt to convict, if they are not, they must acquit them.