Plea Before Venue 2 Flashcards
Allocation of business between MC & CC?
- Summary only
MC only - Either way
MC or CC - Indictable only
CC
What is plea before venue?
specific to either way offences, is designed to allow the defendant to indicate their intended plea. The procedure that follows will be dependent on the plea indicated by the defendant.
What 3 options doe D have when asked to indicate a plea?
- Indicate a guilty plea
- indicate a not guilty plea
- remain silent (not guilty plea)
What happens when D indicates a guilty plea?
MC proceed to sentence D immediately or adjourn the case for pre-sentence reports. If MC has inadequate sentence power of the offence then commit D to CC
What if D indicates a not guilty plea?
MC will proceed to allocation hearing
What is allocation hearing?
- Magistrates will determine whether D is to be tried in MC or CC
- D needs to be aware of advantages disadvantages of each trial venue
What’s the advantage and disadvantages of MC?
What’s the advantage and disadvantages of CC?
What section is for the decision as to allocation?
S.19 magistrates Court Act 1980
Before MC makes their decision to allocate what must be done?
S.19(2) MCA sets out:
- court shall give prosecution an opportunity to inform court of D’s previous convictions
- the court shall then give the prosecution and the defendant an opportunity to make representations (ie submissions) as to whether summary trial or trial on indictment would be more suitable
How would magistrates make decision to allocate?
S.19 (3)
- whether MC have adequate power to impose sentence for offence
- any representation made by prosecution or D
- allocation guideline issued by sentencing council
Representations by parties?
The prosecution will fully outline the allegation against the defendant and will provide the court with the defendant’s previous convictions.
Where if prosecution wants the case to be committed to cc but D wants MC?
D’s rights are protected
What are the two exceptions to allocation guidelines, where Crown Court trial may be more suitable?
- where the outcome would clearly be a sentence in excess of the court’s powers for the offence(s)
-for reasons of unusual legal, procedural or factual complexity,
It court decides that offence appear to be more suitable for trial on indictment, court shall inform D of this and send them forthwith to cc in accordance to what Act & section?
S.51 Crime and disorder Act (cda) 1998
What is magistrates adequacy of sentencing power?
S.19(3)
- max sentence MC may pass is 6 months
- for 2 or more either way offences max 12 2 mints
What if D does not want to be committed to cc?
D has to accept decision
What procedure does the M have to adopt when the accept summary jurisdiction?
S. 20 MCA 1980
What does MC have to explain to D when summary trial?
According to s.20 MCA 1980
- it appeared to the court more suitable for D to be tried summarily for offence
- they can consent or if they want to be tried on indictment
- If tried summarily & convicted the case may be sent to cc
D may request indication of sentence at this stage
What does indication of sentence mean?
Magistrates identify it a custodial sentence or non-custodial sated would be more likely if D were to be tried summarily for offence & were to plead guilty
What happens if D asks for indication of sentence? (S.20mca)
- Court not obliged to give such indication
- if they do give indication, court may ask D whether they wish to reconsider their intended plea based upon indication sentence
What special rules of the MCA 1980 apply where D indicates a guilty plea after receiving indication of sentence?
S.20 A provides:
- no court (whether magistrates’ court or not) is bound by the indication of sentence provided by the magistrates
- no sentence may be challenged or be the subject of an appeal on the ground that it is not consistent with the indication of sentence
- no court (whether magistrates’ court or not) may impose a custodial sentence on the defendant, unless such a sentence was indicated in the indication of sentence.
If D does not want to reconsider their plea the court shall than seek the D’s choice, what choice does D have?
Whether they consent to be tried summarily or wish to be tried indictment
Can a case be sent to Crown Court without allocation hearing?
Yes,
- an either way offence is sent to the Crown Court, without an allocation hearing under s 50A of the Crime and Disorder Act (CDA) 1998.
- The second is where indictable only offences are sent to the Crown Court forthwith under s 51 of the CDA 1998.
Sending under the CDA 1998, s 50A?
- Notices in serious or complex fraud cases
→ sufficient for person to be charged
→ fraud ‘of such seriousness or complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court’
-Notices in certain cases involving children
-Related offences and offenders
Who can give the notice for fraud cases being in cc without allocation hearing?
Such notice can only be given by a ‘designated authority’, which refers to the
- Director of Public Prosecutions (DPP) (which includes the Crown Prosecution Service),
- the Director of the Serious Fraud Office,
or
- Secretary of State.
Sending under the CDA 1998, s 51?
- Sending indictable only offences
-Sending related offences without allocation
-Sending related adult offenders without allocation
-Sending related child offenders without allocation
A man is charged with theft, contrary to s 1 Theft Act 1968. The man indicates a not-guilty plea at the plea before venue (PBV) and the magistrates identify that the offence is suitable for summary trial. The man requests an indication of sentence which is provided by the magistrates. The indication does not identify a custodial sentence. The magistrates are now ready to ask the man whether he wishes to reconsider his indication of a not-guilty plea.
Neither the magistrates’ court nor the Crown Court is bound by the indication of sentence but cannot impose a custodial sentence if it did not form part of the indication of sentence if the man changes his plea to guilty.
