plea before venue and mode of trial Flashcards
What is the first step of a plea before venue?
The defendant is asked how they intend to plead?
Where is the trial held if the defendant pleads guilty?
The magistrates court
Where is the trial held if the defendant pleads not guilty?
The crown court
Is there a mode of trial if the defendant pleads guilty?
No
Is there a mode of trial if the defendant pleads not guilty?
Yes
What happens if the magistrates deem the case too serious for them?
It moves to the crown court with one judge, no jury
After plea before venue, what happens if the defendant pleads guilty?
The magistrates hear the facts and decide if their sentencing powers are enough
What happens if the magistrates decide their sentencing powers are not enough?
They send the case to the CC
What happens if the magistrates decide their sentencing powers are good enough?
They sentence
After plea before venue, what happens if the defendant pleads not guilty?
There is a mode of trial. The magistrates can accept or refuse jurisdiction
What happens if the magistrates accept jurisdiction after a not guilty plea?
The trial is held in the magistrates court. If guilty, they are sentenced. If not guilty, they walk free
What happens if the magistrates refuse jurisdiction after a not guilty plea?
The trial is held in the crown court. If guilty, they are sentenced. If not guilty, they walk free
