PTP Triable Either Way Flashcards
The procedure for deciding where a TEW offence should be tried is set out in the…
Magistrates Court Act 1980
What does the process start with? What happens?
a plea before venue. D is asked whether they plead guilty/not guilty
What happens if the plea is guilty ?
the matter is automatically heard by the Mags Court + sentencing hearing will take place
What happens if plea is not guilty/no plea given
a mode of trial procedure will take place
What is under s19 of Mags Court Act 1980?
Mags will device the most appropriate court to hold the trial taking into consideration matters such as sentencing power + nature & seriousness of the offence
When will the mags transfer the case to Crown Court? Under what section and act?
if the mags decide they lack the necessary sentencing power, they’ll transfer case to crown (s14 Sentencing Act 2020)
What happens if the mags consider the matter suitable for summary trial?
The D will be given a choice as to which court they wish to be tried in (Mags/Crown)
The magistrates retain the option of…
sending the D to the Crown Court for sentencing if necessary
