Pre-trial Procedure - Summary

Question 1

Describe procedure to trial for Summary Offences

Answer 1

• Defendant has early first hearing.
• Plea is entered at hearing.
• Guilty plea: sentencing follows.
• Not guilty plea: set trial date.
• Administrative hearing: apply for bail.
• Administrative hearing: apply for legal aid.
• Guilty verdict: Magistrates will sentence.
• Maximum sentence: 6 months or £5,000

Question 2

What happens during the early first hearing for summary offences?

Answer 2

D first brought before Mag Court for early first hearing - D will need to enter a plea.

Question 3

What occurs if the defendant pleads guilty at the early first hearing?

Answer 3

The Magistrates will sentence the defendant, either on the same day or a later date.

Question 4

What happens if the defendant pleads not guilty at the early first hearing?

Answer 4

The case continues, issues are outlined, and a trial date is set.

Question 5

What can the defendant apply for during the administrative hearing in the Magistrates’ Court?

Answer 5

Administrative hearing in Mags allows for D to apply for bail and legal aid.

Question 6

What happens if the defendant is found guilty after the trial?

Answer 6

Mag will sentence D

Question 7

What is the maximum sentence the Magistrates’ Court can impose for a summary offence?

Answer 7

1 offence = 6 months
OR
£5,000 fine