PLEA BEFORE VENUE

Question 1

Plea before Venue
Definition

Answer 1

The procedure that takes place when a defendant appears and is charged with an either way ofence is called plea be-fore venue.

Question 2

ADVISING THE DEFENDANTON TRIAL VENUE

Answer 2

As a part of the pre-hearing advice, the defence solicitor should advise the defendant on the advantages and disadvantages of electing trial in the Magistrates’ or Crown Court.

Question 3

3

Advantages of Magistrates’ Court

Answer 3

1. The main advantages of trial in the Magistrates’ Court are
   the court’s limited sentencing powers (no more than six months’ imprisonment for a single offence or 12 months for 2 or more either way offences),
2. the relative speed and low cost of conducting a trial (which may mean a lower contribution towards costs if convicted), and
3. less stringent disclosure requirements on the defence (there is no obligation to serve a defence case statement).

Question 4

3

Advantages of Crown Court

Answer 4

1. The main advantages of the Crown Court include the higher rates of acquittal than in the Magistrates’ Court,
2. more effective processes for challenging admissibility of evidence (in absence of the jury), and
3. longer delay before trial, which makes gathering evidence more practical within the time limits.

Question 5

3

ALLOCATION—THE COURT’S DECISION ON WHETHER TO ACCEPT JURISDICTION

Answer 5

1. If a defendant indicates that they intend to plead not guilty or if they give no indication, the court must then decide whether the ofence can be dealt with in the Magistrates’ Court or whether it must be sent to the Crown Court.
   The court must consider:
   *The defendant’s previous convictions;
   *Whether the court’s sentencing powers are adequate, including the adequacy of the court’s aggregate sentencing powers when more than one ofence is charged, taking into account the sentencing guidelines; and
   *Representations by the defence and prosecution on mode of trial and the adequacy of sentencing powers

Question 6

3

ALLOCATION—THE DEFENDANT’S CHOICE

Answer 6

1. If the Magistrates’ Court accepts jurisdiction, it will be put to the defendant that the matter can be heard in the Magistrates’ Court, and the defendant may decide whether to con-sent to summary trial (that is, trial in the Magistrates’ Court) or whether to elect trial in the Crown Court.
2. The defendant will be warned that if they consent to summary trial, the case can still be committed for sentence.
3. If the defendant consents to summary trial, the court will set a trial date. If the defendant does not consent to summary trial, the matter will be sent directly to the Crown Court.

Question 7

Sentencing Indication

Answer 7

1. The defendant can ask the court for an indication whether the sentence would be custodial or non-custodial if they were to plead guilty and accept summary proceedings;
2. however, the court is not obliged to give an indication.
3. If an indication is given and the defendant changes their plea to guilty, the court is then bound to follow this indication in sentencing.

Question 8

LOW VALUE THEFT—A HYBRID APPROACH

Answer 8

1. Low value theft (up to a value of £200) adopts a hybrid procedure. The offence is treated as a summary only offence in that the Magistrates’ Court cannot decline jurisdiction.
2. However, it is treated as an either way offence in that the defendant can still elect Crown Court trial.

Question 9

2

SENDING WITHOUT ALLOCATION

Answer 9

Sometimes an either way offence will be sent to the Crown Court without plea before venue and allocation taking place. This happens in two situations:
1. The defendant or a codefendant is charged with an** indictable only offence** alongside the either way offence (if appearing on both charges** on the same occasion**, the offence must be sent to the Crown Court, whereas if appearing on a separate occasion, the offence may be sent to the Crown Court); or
2. Notice is given by the prosecution to the court that this is a serious or complex fraud case or that the case involves
child witnesses whose welfare is best protected by Crown Court trial (for example, in cases of child cruelty or certain sexual ofences).

Note that when a defendant is sent to the Crown Court without allocation, they will be asked whether they intend to plead guilty in the Crown Court.
1. If the defendant replies they do, the hearing in the Crown Court will be listed as soon as possible.
2. If the defendant does not answer or replies that they do not intend to plead guilty, the matter will be listed for a Plea and Case Management hearing, allowing enough time for the prosecution to prepare full disclosure.