MC-Sending Cases to the Crown Court Flashcards
1
Q
Under what act and section must all indictable offence cases be transferred to the CC immediately?
A
s.51 of Crime and Disorder Act 1998
2
Q
For TEO how is it decided whether the case will be tried and sentenced in MC or CC
A
Plea before Venue hearing
-if not guilty, mode of trial hearing
3
Q
What is the clerk also known as?
A
legal advisor
4
Q
What experience must a senior clerk of the MC have?
A
They must be a barrister or solicitor of at least 5 years
5
Q
what is the role of the clerk?
A
Guide the Magistrates on questions of law, practise and procedure
Correct procedure is followed in court
6
Q
How is the clerks role different from the magistrates?
A
they dont take part in decision making
7
Q
What powers do senior clerks have?
A
- Can issue arrest warrants
- extend bail
- adjourn criminal proceedings
- conduct early administrative hearings
