Sending Cases From Mags To Crown

Question 1

Where is an adults first appearance

Answer 1

Mags

Question 2

What are the steps mags must take if offence is triable either way

Answer 2

A) plea before venue; and

B) if not guilty plea or no indication, then representations made to decipher whether should be summary or indictment

Question 3

Should related either way or summary offences be sent up

Answer 3

Yes

Question 4

How do you know if it is related to

Answer 4

It can be put on the same indictment

Question 5

If an offence is indictable only and there are linked offences , must the linked offences be sent to the crown court straight away

What if the indictable only offence was already sent previously

Answer 5

Yea the linked offences MUST be sent up without plea before venue

If indictable offence had already been sent then it becomes discretionary to send linked offence up and there will be plea before venue

Question 6

What happens if Co accused elects crown court trial

Answer 6

Mags MUST send all Co accused up

Question 7

Can you apply to dismiss the charges at the crown court

Answer 7

Yes can make an oral application but only after written notice of intention to do so has been given

Question 8

What can the prosecution do if charges have been dismissed by the crown court

Answer 8

They can go to the high court and try to obtain a voluntary bill of indictment

Question 9

What must the circumstances be to succeed in obtaining a voluntary bill of indictment

Answer 9

Exceptional