Chapter 5: Plea Before Venue

Question 1

What is plea before venue?

Answer 1

The procedure that takes place when a defendant appears and is charged with an either way offence.

Question 2

What are the steps of a plea before venue?

Answer 2

1. Charge is read out
2. Clerk explains D may indicate if they would plead guilty if the matter were to proceed to trial and that, if the D indicates they would plead guilty, the court would treat that as a guilty plea + proceed to sentencing
3. Clerk asks D whether they would plead guilty or not guilty
4. If D indicates guilty plea, the court proceeds to sentence
5. If D indicates not guilty plea or doesn’t give an indication, the court proceeds to allocation

Question 3

What should the defence solicitor advise the defendant on as part of the pre-hearing advice?

Answer 3

The advantages + disadvantages of electing trial in the Magistrates’ or Crown Court

Question 4

What are the advantages of Magistrates’ Court?

Answer 4

Main advantages of trial in the Magistrates’ Court are

i. the court’s limited sentencing powers

ii. relative speed and low cost of conducting a trial, and

iii. less stringent disclosure requirements on the defence

Question 5

What sentencing powers does the Magistrates’ Court have?

Answer 5

No more than 6 months’ imprisonment for a single offence, or 12 months for 2 or more either way offences.

Question 6

What are the advantages of the Crown Court?

Answer 6

i. Higher acquittal rates than in the Magistrates’ Court,

ii. More effective processes for challenging admissibility of evidence (in absence of the jury), and

iii. Longer delay before trial, which makes gathering evidence more practical within the time limits.

Question 7

What must the court decide if a defendant indicates that they intend to plead not guilty or if they give no indication?

Answer 7

Court must then decide whether the offence can be dealt with in the Magistrates’ Court or whether it must be sent to the Crown Court

Question 8

What must the court consider when deciding which court to send the case to?

Answer 8

i. defendant’s previous convictions,

ii. whether the court’s sentencing powers are adequate, including the adequacy of the court’s aggregate sentencing powers when more than 1 offence is charged, taking into account the sentencing guidelines, and

iii. representations by the defence and prosecution on mode of trial + the adequacy of sentencing powers.

Question 9

When will a case be sent to the Crown Court for trial?

Answer 9

If the Magistrates’ Court declines jurisdiction.

Question 10

What happens if the Magistrates’ Court accepts jurisdiction?

Answer 10

It will be put to the defendant that the matter can be heard in the Magistrates’ Court, and the defendant may decide whether to consent to summary trial or whether to elect trial in the Crown Court.

The defendant will be warned that if they consent to summary trial, the case can still be committed for sentence.

If the defendant consents to summary trial - court will set a trial date.

If the defendant doesn’t consent to summary trial, the matter will be sent directly to the Crown Court

Question 11

What can the defendant ask the court for when deciding whether to plead guilty or not?

Answer 11

Defendant can ask the court for an indication whether the sentence would be custodial or non-custodial if they were to plead guilty + accept summary proceedings.

However, the court is not obliged to give an indication

Question 12

What is the effect if the court does give an indication of whether the sentence would be custodial or not if the D were to plead guilty?

Answer 12

If an indication is given + the defendant changes their plea to guilty, the court is then bound to follow this indication in sentencing.

If the court gives an indication but the defendant then maintains their non-guilty plea, the court is not bound to follow the indication if the defendant is later convicted.

Question 13

What type of offence is theft?

Answer 13

Generally an either way offence

Question 14

What is special about low value theft?

Answer 14

Theft of up to a value of £200 adopts a hybrid procedure.

Offence is treated as a summary only offence in that the Magistrates’ Court cannot decline jurisdiction.

However, it is treated as an either way offence in that the defendant can still elect Crown Court trial.

Question 15

When will an either way offence be sent to the Crown Court without plea before venue and allocation taking place?

Answer 15

1. Defendant or a co-defendant is charged with an indictable only offence alongside the either way offence
   - if appearing on both charges on the same occasion the offence must be sent to the CC,
   - if appearing on a separate occasion, the offence may be sent to the CC, or
2. Notice is given by the prosecution to the court that this is:
   - a serious or complex fraud cause, or
   - it involves child witnesses whose welfare is best protected by Crown Court trial (e.g., in cases of child cruelty or certain sexual offences).

Question 16

What happens when a defendant is sent to the Crown Court without allocation?

Answer 16

When a defendant is sent to the Crown Court without allocation, they will be asked whether they intend to plead guilty in the Crown Court.

If the D replies they do, the hearing in the CC will be listed ASAP.

If the D doesn’t answer/replies that they don’t intend to plead guilty, the matter will be listed for a Plea and Case Management hearing - allowing enough time for the prosecution to prepare full disclosure.