Triable Either Way Offence Procedure [Criminal Courts]

Question 1

Plea Before Venue - Guilty [Paragraph 4]

Answer 1

There is then a Plea Before Venue hearing where, under s17 Magistrates Act 1980, the D is asked whether they plead guilty or not. If the D pleads guilty but disputes the facts of the case, there may be a Newton Hearing [to clarify the facts] or the case may go straight to a sentencing hearing which will usually happen in the Magistrates Court but may be sent to the Crown Court if it is believed the magistrate’s sentencing powers [of 6 months imprisonment or £5000 fine] are insufficient.

Question 2

Plea Before Venue - Not Guilty [Paragraph 5]

Answer 2

However, if the D pleads not guilty, then the case will go to to a Mode of Trial Hearing. Here, under s19 Magistrates Act 1980, the magistrates will hear arguments put forward by the prosecution and defence as to what court the case should be tried in. The magistrates will accept jurisdiction if they decide they have the power and will to hear the case in the Magistrates Court and will refuse jurisdiction if they do not hear the case and so it will be transferred to the Crown Court.

Question 3

Election [Paragraph 6]

Answer 3

Under s20 Magistrates Act 1980, if the magistrates can hear the case, then the D can elect which court they want the case to be tried in. The D may choose the Magistrates Court as it has significantly lower sentencing powers but has a higher rate of conviction. They may choose the Crown Court as it has a higher rate of acquittal but much higher sentencing powers. If the magistrates refuse jurisdiction, then the D will not be able to choose

Question 4

Trial [Paragraph 7]

Answer 4

There will then be a trial. If it is in the Magistrates Court, 3 magistrates will decide the facts of the case, assisted by a legal clerk. If the trial is in the Crown Court then 12 people will decide the facts of the case, assisted by the judge. In both courts, the prosecution have the burden of proof and either the jury or magistrates have to be convinced of guilt beyond all reasonable doubt to convict, and if they are not, then they must acquit.