Criminal- Eitherway Offences Flashcards
0
Q
If D pleads guilty?
A
Court will listen to the case an decide if they gave the power to sentence (max of 2 periods of 6 months). If not, it gets sent to the crown court
1
Q
Why do they go to the magistrates first?
A
Plea before venue hearing
2
Q
Defendant pleads not guilty
A
Mode of trial hearing
Magistrates have to decide if to accept responsibility for the trail considering case facts and previous convictions. They ask where D wants to be tried, mags of crown
3
Q
Bail by police
A
After he has been interviewed and charged
Conditions may be attached eg surrender passport
4
Q
Bail by the courts
A
Granted under bail act 1976
Section 4 gives a general rule that everyone will be granted bail. May be refused if D could reoffend for example
