Procedure for Triable Either Way Offences

Question 1

Where is the initial hearing held, and what is it called?

Answer 1

Mags Court, this is a plea before venue hearing.

Question 2

What happens at this hearing?

Answer 2

D’s identity will be confirmed by the clerk and then the defendant will enter a plea

Question 3

What happens if D pleads guilty?

Answer 3

There will be a sentencing hearing immediately. This involves brief facts from P as well as any statements that D wants to make. The Mags will then announce their sentence
OR
If they feel they cannot give a harsh enough sentence with their own powers, they can send to the crown court for sentencing.

Question 4

What happens if D pleads not guilty?

Answer 4

The Mags perform a mode of trial hearing to decide where the case will be held. This consists of 2 parts
1. The Mags decide if the case is suitable for a Mags court trial, considering the nature of the crime and the Mags powers. If they think that it’s out of their field, then it goes to the crown court
2. If they think they can handle it, then it’s up to D to decide which court the trial happens in.