Mode of Trial

Question 1

Mode of trial submissions will only apply to what type of offences?

Answer 1

Either way offences

Question 2

Magistrates make the initial decision about whether a case is sufficiently _______ to be heard in the ______ Court or if it can remain in the ____________ Court

Answer 2

serious, Crown, Magistrates

Question 3

When would you likely make a submission for mode of trial?

Answer 3

Where D wants their case to stay in the Magistrate’s Court instead of being sent to the Crown Court

Question 4

What 2 key points should you consider for mode of trial?

Answer 4

1. Low level of culpability and/or harm of the offence means it falls within the lower categories with a lower sentencing range
2. The Magistrate’s Court has adequate sentencing powers and so should accept jurisdiction.

Question 5

What are the Magistrates Court sentencing powers?

Answer 5

Unlimited fines and a sentence of up to 6 months for a single triable EW offence or 12 months for two or more EW offences