Plea before Venue & Allocation

Question 1

When will there be a plea before venue hearing?

Answer 1

An either-way offence

Question 2

What is the IDPC?

Answer 2

Initial details of prosecution case

CPS obliged to give to defence solicitor, allowing them to advise client on plea & venue

Question 3

What are some factors in favour of having a trial at the mags? (6)

Answer 3

Limited sentencing powers

Speed

Less stressful

Lower prosecution costs

Defence costs

No obligation to serve defence statement

Question 4

What are some factors in favour of having a trial in the Crown Court?

Answer 4

Greater chance of acquittal

Better procedure for challenging admissibility of prosecution evidence

More time to prepare case for trial

Question 5

What is the procedure at a plea before venue hearing if defendant indicates a guilty plea?

Answer 5

D treated as having been tried summarily & convicted

–> Mags decide if their sentencing powers are sufficient

• If sufficient: either sentence immediately or adjourn for pre-sentence report
• If insufficient: commit D to Crown Court

Question 6

What are the maximum sentencing powers of the magistrates court?

Answer 6

6 months in prison for 1 either-way offence (up to 12 months for 2 or more either-way offences)

Question 7

What is the procedure at a plea before venue hearing if defendant indicates a not-guilty plea?

Answer 7

Procedure set out in ss19-20 & ss22A Magistrates Court Act 1980

Magistrates decide on allocation (prosecution can inform court of any previous convictions)

→ Trial on indictment more suitable: case sent ‘forthwith’ to Crown Court

→ Suitable for summary trial

• Explain to D they can consent or choose to be tried on indictment
• D may request indication of sentence → asked if want to reconsider plea (if yes, ie.plead guilty, treated as if tried summarily & pleaded guilty)
• If guilty plea maintained, court asks whether D consents to summary trial or wishes to be tried on indictment: if consent, proceed to summary trial; if don’t consent, sent to CC

Question 8

What are the 4 circumstances in ss50A & 51 Crime and Disorder Act 1998 when a defendant will be sent immediately without allocation to the Crown Court?

Answer 8

I. Where notice given by DPP under s51B in serious or complex fraud cases

II. Where notice served under s51C in certain cases involving children (usually where child will be witness)

III. Where either-way offence relates to indictment-only offence or one covered by s51B/C notice for which same defendant being sent to Crown Court
nb. if D being sent to CC at same time as related-either way, must be sent to CC; if being sent to CC at subsequent time, only may be sent

IV. Where either-way offence relates to indictment-only offence or one covered by s51B/C notice for which another defendant being sent to Crown Court