Plea in the Mags, Allocation for Trial, Committal for Sentence

Question 1

The court should order a preliminary hearing where…

Answer 1

(a) there are case management issues
(b) the trial is likely to last for more than 4 weeks,
(c) it would be desirable to set an early trial date
(d) the defendant is a youth.

Question 2

If D elects to stay in the mags he can apply to change his mind in favour of the CC if

Answer 2

He did not understand the nature and significance of his choice

Question 3

A D charged with criminal damage must be tried in the mags if the value of that damage is…

Answer 3

< £5,000 and did not involve fire

Question 4

If D is being sent to the CC for an indictable offence, summary offences may be joined to the indictment if…

Answer 4

(a) they are founded on the same facts, or

(b) formed a series of offences of the same or similar character.

Question 5

Initial details include:

Answer 5

1. Summary of the prosecution case,
2. Any written statement setting out the facts,
3. A copy of D’s previous

Question 6

The Mags may allow D to change his plea

Answer 6

At any time.

Question 7

Advantages of a trial in the Mags

Answer 7

1. Less time to wait
2. Shorter trial
3. Sentencing powers are more limited.

Question 8

Disadvantages of trial in the Mags

Answer 8

1. High conviction rate

2. Lay bench not legally trained

Question 9

Advantages of CC

Answer 9

1. Lower conviction rates,
2. Familiar with law
3. Division between tribunal of fact and law

Question 10

Disadvantages of CC

Answer 10

1. Longer wait
2. Longer trial
3. No automatic right of appeal
4. More extensive sentencing powers.

Question 11

Cases likely to be declined by the mags are those which are:

Answer 11

1. Legally or factually complex,
2. Lengthy
3. Serious or significant

Question 12

Allocation is decided on the basis that

Answer 12

P’s version is true.

Question 13

For allocation, there is a presumption in favour of

Answer 13

Summary trial