Criminal- Eitherway Offences Flashcards
If D pleads guilty?
Court will listen to the case an decide if they gave the power to sentence (max of 2 periods of 6 months). If not, it gets sent to the crown court
Why do they go to the magistrates first?
Plea before venue hearing
Defendant pleads not guilty
Mode of trial hearing
Magistrates have to decide if to accept responsibility for the trail considering case facts and previous convictions. They ask where D wants to be tried, mags of crown
Bail by police
After he has been interviewed and charged
Conditions may be attached eg surrender passport
Bail by the courts
Granted under bail act 1976
Section 4 gives a general rule that everyone will be granted bail. May be refused if D could reoffend for example