CLP: Plea Before Venue and Allocation of business between magistrates' court and Crown Court

Question 1

What is the first step in the criminal justice process?

Answer 1

A person being arrested and brought before the magistrates’ court or a written charge and requisition issued

Question 2

What are the possible pleas a defendant can enter during the first hearing for either-way offences?

Answer 2

• Indicate guilty
• Indicate not guilty
• Give no indication

Question 3

What happens if a defendant pleads guilty at the first hearing?

Answer 3

The court moves to sentence

Question 4

What occurs if a defendant pleads not guilty?

Answer 4

There is a trial and the court comes to a verdict

Question 5

What is a ‘plea before venue’?

Answer 5

The part of the hearing where the defendant indicates their plea for a triable either-way offence

Question 6

What is required for a guilty plea to be considered unequivocal?

Answer 6

It must be free of any suggestion that the defendant is not guilty

Question 7

What is the maximum sentence a magistrates’ court can impose for a summary only or either-way offence?

Answer 7

6 months imprisonment

Question 8

What is the maximum sentence for two or more either-way offences in a magistrates’ court?

Answer 8

12 months imprisonment

Question 9

What is the purpose of a pre-sentence report (PSR)?

Answer 9

To provide information for the court to consider before sentencing

Question 10

What happens if the magistrates’ court believes its sentencing powers are insufficient?

Answer 10

The defendant will be committed for sentence to the Crown Court

Question 11

What is an allocation hearing?

Answer 11

The process where the court decides where the trial will be held

Question 12

What factors influence the allocation of either-way offences?

Answer 12

• Sentencing powers
• Legal, procedural, or factual complexity

Question 13

What should the prosecution provide during the allocation hearing?

Answer 13

• Opens with the facts
• Outlines the defendant’s offending history
• Makes submissions regarding trial location

Question 14

What must the court consider when deciding to accept jurisdiction over a case?

Answer 14

Whether its sentencing powers are adequate

Question 15

What happens if a defendant consents to a summary trial?

Answer 15

The case progresses as if it were a summary only offence

Question 16

What is the maximum penalty for low-value shoplifting?

Answer 16

6 months imprisonment

Question 17

What defines ‘low value shoplifting’?

Answer 17

Stealing goods valued at £200 or less

Question 18

What is the maximum penalty for simple criminal damage valued at £5000 or less?

Answer 18

3 months imprisonment or a level 4 fine

Question 19

What are the criteria for a case to be considered complex fraud?

Answer 19

• Amount exceeds £500,000
• Significant international dimension
• Requires specialized knowledge
• Numerous victims
• Substantial fraud on a public body
• Widespread public concern

Question 20

What is the procedure for sending cases to the Crown Court?

Answer 20

• Indictable only offences are always sent
• Either-way offences can be sent for trial or sentence under certain conditions

Question 21

What happens if a defendant asks for an indication of sentence?

Answer 21

• The court can give or decline an indication
• If given, the defendant can change their plea to guilty

Question 22

What is the significance of the election process for a defendant?

Answer 22

The defendant chooses between being tried in a magistrates’ court or a Crown Court

Question 23

What are the advantages of consenting to a summary trial?

Answer 23

• Less formal
• Shorter waiting time
• Quicker trial
• Less expensive

Question 24

What happens if a defendant does not ask for an indication of sentence?

Answer 24

The court will inquire if the defendant consents to a magistrates’ court trial or elects for a Crown Court trial

Question 25

What is the role of the defendant's legal representative during the election process?

Answer 25

To advise the defendant on whether to consent to summary trial or elect for trial

Question 26

What is the key consideration for the magistrates' court in allocation hearings?

Answer 26

Whether its sentencing powers are adequate

Question 27

What is the maximum penalty for criminal damage over £5000?

Answer 27

Treated as an indictable-only offence and sent to the Crown Court

Question 28

What is the significance of the 'special cases' in relation to either-way offences?

Answer 28

Certain offences are treated differently, affecting their jurisdiction

Question 29

What happens during the plea before venue?

Answer 29

The defendant will be asked to indicate their plea to a charge.

Question 30

What occurs if the defendant indicates an unequivocal guilty plea?

Answer 30

The court will sentence the defendant unless it is necessary to commit the defendant to Crown Court for sentence.

Question 31

What happens if the defendant indicates a not guilty plea?

Answer 31

The court will decide whether to allocate the case to a magistrates' court or send it to the Crown Court.

Question 32

What is allocation in the context of a court case?

Answer 32

The court decides whether to accept jurisdiction in a magistrates' court or decline jurisdiction and send it to the Crown Court.

Question 33

What can a defendant ask for regarding their plea?

Answer 33

The defendant can ask for an indication of sentence if they were to plead guilty.

Question 34

Does the court have to give an indication of sentence?

Answer 34

The court has the discretion as to whether they will give an indication of sentence.

Question 35

What options does the defendant have if the court accepts jurisdiction?

Answer 35

The defendant can consent to being tried in a magistrates' court or elect to be tried by a jury in the Crown Court.

Question 36

What is one of the duties of the defendant's legal representative?

Answer 36

To advise the defendant on whether to consent to summary trial or to elect trial.

Question 37

What does the court conduct during the case management phase?

Answer 37

The court conducts any case management that is required.