Pre Trial Procedure - Triable Either Way Flashcards
What is the first step to a triable either way trial?
Please before venue
What happens if a defendant pleads guilty in a triable either way trial?
Magistrates will hear facts and decide if their sentencing powers are sufficient if they are they will sentence them
What happens if the magistrate doesn’t think they have sufficient sentencing powers?
They will be sent to the crown court for sentencing
What happens if defendant doesn’t plead guilty in a triable either way trial?
Magistrates decide wether or not to accept jurisdiction
What happens if the magistrates accept jurisdiction?
Defendant elects place of trial
What happens if the Magistrates don’t accept jurisdiction?
Sent to crown court for trial
Can a defendant ask to be heard before a jury
Yes
What act and year did the triable either way pre trial come from?
The Magistrates Court Act 1980