Mode of Trial Flashcards
What happens for a triable either way offence?
Under section 17a of the magistrates court act 1980 and amended by CJA 2003, the defendant is given a plea before venue where they’re asked if they plea guilty or not guilty
What are all the criminal category offences?
Summary offence is the most minor for example littering
Triable Either Way offence is middle range for example theft, ABH etc.
lndictable is the most serious-rape, manslaughter, murder, robbery, burglary
What happens if the plea is guilty?
The defendant has the right to ask for the case to be tried at Crown Court
Why will the Mags send the case to CC?
Because they may not have the sentencing power
What’s happens if the defendant pleads not guilty?
The mags must carry out mode of trial proceedings to decide whether case will be tried at Mags or Crown court. The mags have to decide whether they’re prepared jurisdiction
What must the mags consider?
Under s19 of MCA 1980 the mags must consider:
•the nature and seriousness of the crime
•their own powers of punishment
•under s19(4) any representations from the prosecution/defence
•if the case involves complex areas of law
• if there is breach of trust by the D, the crime was committed by an organised gang or if the amount is more than £10,000
What happens if the Mags want to accept jurisdiction?
The defendant is told he has the right to choose trial by jury but may be tried by Mags if he agrees to choose this course
Only in 1/20 case the D chooses CC
