MC-Sending Cases to the Crown Court Flashcards

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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

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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

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3
Q

What is the clerk also known as?

A

legal advisor

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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

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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

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6
Q

How is the clerks role different from the magistrates?

A

they dont take part in decision making

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7
Q

What powers do senior clerks have?

A
  • Can issue arrest warrants
  • extend bail
  • adjourn criminal proceedings
  • conduct early administrative hearings
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