Plea before venue and allocation of business between magistrates' court and crown court Flashcards
Where is the procedure to be followed at the plea before venue detailed in statute?
Criminal Procedure Rules 2020
What is the plea before venue procedure?
- the charge must be written down and read to the defendant
- The court must explain to the defendant
- the allegation, unless self explanatory
- that the offence is one which can be tried in a magistrates’ court or the crown court
- that the court is about to ask if the defendant intend to plead guilty
- if yes, they are treated as guilty and must be sentenced or committed to the crown court for sentence
- if no answer or no, the court must decide on allocation
- if the court decides the magistrates’ the defendant has the option to choose crown court
- the defendant is then asked their plea
Does the defendant need to indicate a plea at this stage?
No
If a defendant pleads guilty to criminal damage at a value of less than £5000 can the magistrates’ commit the defendant to the crown court for sentencing?
No
Give some examples of advantages for trial in the magistrates’ court.
- Magistrates’ have limited sentencing powers (but defendant can be committed to Crown court)
- Appeal routes are more favourable
- Trials are usually listed quicker and are faster
- Less formal so may be less stressful
- Usually less publicity
- Cost a lot less
- no requirement to serve a defence case statement so defence can be hidden from the prosecution
Give some examples of advantages for trial in the Crown Court.
- conviction rates are lower than in the magistrates’ court
- Judges in the Crown court are better placed to deal with points of law and exclusion of evidence than a lay magistrate
- delay means longer time to prepare for the trial
Where us the procedure for determining trial venue laid out?
ss19-20 MCA 1980
What are the steps of an allocation hearing?
- prosecution is given an opportunity to inform the court of the defendant’s previous convictions
- the prosecution given opportunity to make representations as to whether summary trial or trial on indictment would be more suitable
- the defence is then given the same opportunity
- the court then considers a number of statutory factors
- court then declines or accepts jurisdiction
What are the statutory factors that need to be considered by the court?
- sentencing powers
- representations made by the prosecution and the defence
- the allocation guidelines issued by the Sentencing Council
If the court declines jurisdiction does the defendant have a choice?
No, they cannot elect summary trial
If the court accepts jurisdiction does the defendant have a choice?
Yes, they can consent to be tried in the magistrates’ court or they can elect to be tried on indictment at the Crown Court
Can the defendant ask for an indication of sentence at this point?
Yes, the magistrates’ would identify whether a custodial sentence or non-custodial sentence would be more likely if the defendant were to be tried summarily and if they were to plead guilty
Do the magistrates’ have to give an indication of sentence if requested?
No, however if they do give an indication the court must ask the defendant if they wish to reconsider their plea based on this indication
If a defendant wishes to reconsider their plea and plead guilty are the court bound by the indication of sentence?
No and no sentence can be challenged or appealed on the ground it was not consistent with the indication (s20A MCA 1980)
Can the court impose a custodial sentence if one was not indicated in the indication of sentence?
No if the defendant changed their plea to guilty on the indication. Yes if the defendant did not change their plea and were then found guilty (s20A MCA 1980)
