2.3 Criminal Litigation - Plea Before Venue

Question 1

What should the lawyer advise his client on trial venue in MC?

Answer 1

1) Charge vs D
2) Triable in CC/MC (explanation in plain language)

3) Guilty plea (MC) > Sentence (as if guilty)
- NO evidence called

Question 2

What is the procedure for plea before venue?

Answer 2

1) Plea before venue
- CPS to make pre-trial disclosure > D

Plead guilty

• CPS outlines offence facts, CPS informs court re D’s previous convictions, D’s solicitor enters plea in mitigation
• MC > Sentence immediately (CC can pass any sentence it could pass if case dealt with on indictment) OR adjourn for preparing pre-sentence report

Plead NOT guilty > Allocation hearing > MC summary trial/CC indictment?

Equivocal plea > If court in doubt > NOT plead guilty

NO plea