Triable Either Way Offences

Question 1

Court in which the case will be heard

Answer 1

Magistrates or Crown

Question 2

Examples of offences in this category

Answer 2

S47, S20, Theft

Question 3

1 - Court dealing with case
2 - Decider of verdict
3 - who will sentence D

Answer 3

1 - Mags / Crown
2 - Mags / Jury
3 - Mags / Judge

Question 4

Procedure for Triable Either Way offences

Answer 4

D is charged with a triable either way offence
D has a plea before venue hearing (same as preliminary hearing)
D pleads guilty or not guilty

Question 5

If D pleads guilty at the plea before venue hearing:

Answer 5

Mags will sentence D
Max sentence - 6 months
If Mags decide their sentencing powers are not enough, they will refer the case to the Crown Court

Question 6

If D pleads not guilty at the plea before venue hearing:

Answer 6

MODE OF TRIAL HEARING

1) the Mags will decide whether it is possible for the case to be heard in the mags court, or whether it must go to the crown
2) if mags decide they can hear the case, D is given the choice (aka D’s election) of where D would like their case heard

Question 7

Not guilty plea - Mags trial

Answer 7

Mags will hear all evidence and reach a verdict
If D is found guilty, Mags will sentence D
If they decide their powers arw not enough they will refer D to the crown court

Question 8

Not guilty plea - Crown trial

Answer 8

The Mags refer the case to the Crown for a case management hearing, where a bail will be decided and a date set for trial
At the trial, a jury will listen to evidence and decide a verdict
If found guilty D is sentenced by the judge

Question 9

At Mode of Trial Hearing - factors to be taken into account by Mags

Answer 9

• nature and seriousness of case
• their own powers of punishment
• any representations of the prosecution and defence
• complexity
• was there a breach of trust by D?
• whether the crime committed was by an organised gang/organised crime

Question 10

At Mode of Trial Hearing - factors to be taken into account by D
ADVANTAGES OF CHOOSING MAGS

Answer 10

1) Cheaper - D wouldn’t have to pay for their own lawyers, and less prosecution costs (more expensive legal representative in Crown)
2) Quicker - shorter wait than Crown Court usually - cases usually take half a day or lwss (Crown Court avg. of 10 working days)
3) Limits on Sentencing - less sentence being able to be given, so the sentence may be lower for D at the Mags court
4) Local Knowledge - Mags must be local and have social awareness; they should understand D’s circumstances better than a judge

Question 11

At Mode of Trial Hearing - factors to be taken into account by D
ADVANTAGES OF CHOOSING CROWN

Answer 11

1) More likely to be acquitted - acquit over 60% of D’s in the Crown Court in comparison to 15% in Mags (Prosecution may drop the case or witnesses may not attend court for Crown)
2) More likely to be granted legal aid - ‘the means test’ is less restrictive in the Crown - government more likely to fund the case
3) More likely to be represented by an experienced lawyer - will have Certificate of Advocacy giving the right to present cases at the Crown Court
4) If D is on remand in custody and likely to receive a custodial sentence, then it is to D’s advantage to serve as much of any custodial sentence on remand - remand is “nicer” and counts as “time served”