First Hearing – Either-Way Offences Flashcards
Where do all adult defendants have their first hearing?
A) Crown Court
B) Magistrates’ Court
C) High Court
D) Court of Appeal
B) Magistrates’ Court
Explanation: All adult defendants, regardless of the type of offence, have their first hearing in the magistrates’ court.
What is the first stage of an either-way offence hearing?
A) Sentencing
B) Indication of plea (Plea Before Venue)
C) Automatic allocation to Crown Court
D) Case Management Hearing
B) Indication of plea (Plea Before Venue)
Explanation: The first stage is plea before venue, where the defendant indicates their plea (guilty or not guilty).
If a defendant pleads guilty to an either-way offence, what happens next?
A) The magistrates consider whether their sentencing powers are sufficient
B) The case is automatically dismissed
C) The case is immediately sent to the Crown Court for trial
D) The defendant is acquitted
A) The magistrates consider whether their sentencing powers are sufficient
Explanation: If a defendant pleads guilty, magistrates assess whether their sentencing powers (6 months per offence or 12 months total) are sufficient.
What happens if a defendant pleads not guilty to an either-way offence?
A) The case is automatically sent to the Crown Court
B) The magistrates decide whether to accept jurisdiction (Allocation Hearing)
C) The case is immediately dismissed
D) The defendant must be sentenced in the magistrates’ court
B) The magistrates decide whether to accept jurisdiction (Allocation Hearing)
Explanation: If a defendant pleads not guilty, the magistrates must determine if they can handle the case or if it should be sent to the Crown Court.
John is charged with an either-way offence and pleads guilty. The magistrates believe their sentencing powers are insufficient. What happens next?
A) John’s case is dismissed
B) John is sentenced in the magistrates’ court immediately
C) John’s case is committed to the Crown Court for sentencing
D) John can no longer appeal
C) John’s case is committed to the Crown Court for sentencing
Explanation: If magistrates lack sentencing powers, they send the case to the Crown Court for sentencing.
Which of the following is NOT a factor considered in the allocation decision?
A) The complexity of legal issues
B) The likely sentence
C) The prosecution’s and defence’s submissions
D) The defendant’s personal wealth
D) The defendant’s personal wealth
Explanation: Courts consider seriousness, complexity, and sentencing powers—a defendant’s wealth is irrelevant.
Sarah is charged with an either-way offence. She pleads not guilty, and the magistrates decide they have jurisdiction. What option does Sarah have?
A) She must be tried in the magistrates’ court
B) She can elect to have her trial at the Crown Court
C) She will automatically be found guilty
D) She can change her plea only after trial starts
B) She can elect to have her trial at the Crown Court
Explanation: If magistrates accept jurisdiction, the defendant can choose to be tried in the Crown Court.
Mark is charged with theft of goods worth £150. How is his case classified?
A) Either-way
B) Indictable-only
C) Civil Matter
D) Summary-only
Answer: D) Summary-only
Explanation: Low-value shoplifting (£200 or less) is treated as a summary-only offence, although the defendant can elect for Crown Court trial.
A defendant is charged with criminal damage amounting to £4,000. Where will their case be heard?
A) Crown Court (must be indictable-only)
B) Either magistrates’ court or Crown Court
C) Magistrates’ court (must be summary-only)
D) Supreme Court
C) Magistrates’ court (must be summary-only)
Explanation: Criminal damage below £5,000 is automatically a summary-only offence.
The prosecution claims a fraud case involves over £500,000, significant international elements, and multiple victims. Where will the case be tried?
A) Magistrates’ court
B) Defendant can choose magistrates or Crown Court
C) Crown Court (automatically sent)
D) A tribunal
C) Crown Court (automatically sent)
Explanation: Under s 50A Crime and Disorder Act 1998, complex fraud cases with these factors are automatically sent to the Crown Court.
Which of the following statements about first hearings in either-way offences is TRUE?
A) A magistrates’ court can hear either-way cases unless it considers them too serious
B) The magistrates’ court can never sentence an either-way offence
C) The defendant can always choose the Crown Court for trial
D) All either-way cases must go to the Crown Court
A) A magistrates’ court can hear either-way cases unless it considers them too serious
Explanation: Magistrates can retain jurisdiction for either-way offences unless they believe sentencing powers are insufficient.
