Either Way Offences Flashcards
What is held before anything can happen
A plea before venue
Under which act must d indicate his plea
The magistrates and court act
If d pleas guilty he has no right to be
Ask to be transferred to the crown court
The magistrates will then proceed with the guilty plea
As a summary offence
What may the magistrates do with a guilt plea if they feel their sentencing powers are not wide enough
Send to crown court to be sentenced
For a not guilty plea what is heard under which act
A mode of trial hearing which decides which court it will be heard in under s19 of the magistrates court act
What must the magistrates consider in a n g plea before accepting jurisdiction
The seriousness, the complexity and their sentencing powers (max 6 months for one offence)
What happens if they refuse jurisdiction
Send to cc to be tried in indictment and d has no choice
Under what act allows the magistrates to accept jurisdiction
S20 magistrates court act
If the magistrates accept jurisdiction d can choose
Whether to be tried summarily in the magistrates or tried on indictment in the cc
What happens if d is found guilty then the magistrates think their sentencing powers are not wide enough
Send to cc to be sentenced
An example of ewo
Theft
