Chapter 5: Plea Before Venue

Question 1

What is the meaning of the term ‘plea before venue’?

Answer 1

Plea before venue is the procedure that takes place at the Magistrates’ Court when a defendant is charged with an either way offence

Question 2

What will happen after the charge is read out?

Answer 2

1. Clerk explains what happens if defendant pleads guilty or not guilty
2. Clerk asks defendant how they would plead
3. If the defendant indicates a guilty plea, the case proceeds to trial
4. If the defendant indicates a not guilty plea or does not give an indication, the case proceeds to allocation

Question 3

What are the three advantages of Magistrates’ Court?

Answer 3

• Court has limited sentencing powers (no more than 6 months imprisonment for a single offence or 12 months for 2 or more either way offences)
• Quicker and lower cost
• Less stringent disclosure requirements on defence

Question 4

What are the three advantages of Crown Court?

Answer 4

• Higher acquittal rates
• More effective way of challenging admissibility of evidence
• Longer delay before trial allows more time to gather evidence

Question 5

If a defendant indicates that they intend to plead not guilty or refuse to give an indication, what must the court decide?

Answer 5

Whether the offence can be dealt with at the Magistrates’ Court or whether it must be sent to the Crown Court

Question 6

When will the Magistrates’ Court be able to accept jurisdiction?

Answer 6

If they believe that they have sufficient sentencing powers

Question 7

What will happen to a case if the Magistrates’ Court declines jurisdiction?

Answer 7

The case will be sent to Crown Court for trial

Question 8

If the Magistrates Court accepts jurisdiction for an either way offence, must the case be heard in the Magistrates Court?

Answer 8

No, the defendant will have the choice for the matter to be heard in the Magistrates Court without a jury (summary trial) or in Crown Court before a jury (trial on indictment)

Question 9

Can the defendant ask the Court for an indication of whether the sentence would be custodial or non-custodial if they were to plead guilty and accept summary proceedings?

Answer 9

Yes, but the Court is not obliged to give an indication. If they do give an indication and the defendant changes their plea to guilty, the court is bound to follow the indication in sentencing

HOWEVER - If the defendant asks for an indication but then maintains their non-guilty plea, the Court is not bound to follow the indication

Question 10

What is the hybrid approach adopted for low value thefts?

Answer 10

• Magistrates’ Court cannot decline jurisdiction for theft up to a value of £200
• BUT, the defendant ca still elect to have trial in Crown Court