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