Pre-trial

Question 1

What is the summary trial procedure?

Answer 1

1. Early admin hearing
2. If D pleads guilty, Magistrates will sentence
3. If D pleads not guilty, trial in Magistrates Court
4. Magistrates will gear evidence, decide guilt and sentence
5. Magistrates can transfer the case to Crown Court if sentencing powers are not enough

Question 2

What is the either way trial procedure?

Answer 2

1. Plea before venue
2. If D pleads guilty, Mags can sentence or transfer to Crown Court
3. If D pleads not guilty, mode of trial hearing
4. S19 Magistrates Court Act 1980
5. If Mags have jurisdiction, there will be a trial in Mags Court
6. The defendant has a choice of Mags or Crown Court for thr case
7. If Mags do not accept jurisdiction, the case is transferred to Crown Court

Question 3

what is the indictable trial procedure?

Answer 3

1. early admin hearing in Mags Court
2. Mags must commit the case to Crown Court
3. D will enter a plea in Crown Court
4. If the D pleads guilty the judge will sentence using sentencing guidelines
5. If D pleads not guilty there will be a plea and trial preperation hearing
6. TRial will take place in Crown Court