Plea Before Venue 2

Question 1

Allocation of business between MC & CC?

Answer 1

• Summary only
  MC only
• Either way
  MC or CC
• Indictable only
  CC

Question 2

What is plea before venue?

Answer 2

specific to either way offences, is designed to allow the defendant to indicate their intended plea. The procedure that follows will be dependent on the plea indicated by the defendant.

Question 3

What 3 options doe D have when asked to indicate a plea?

Answer 3

• Indicate a guilty plea
• indicate a not guilty plea
• remain silent (not guilty plea)

Question 4

What happens when D indicates a guilty plea?

Answer 4

MC proceed to sentence D immediately or adjourn the case for pre-sentence reports. If MC has inadequate sentence power of the offence then commit D to CC

Question 5

What if D indicates a not guilty plea?

Answer 5

MC will proceed to allocation hearing

Question 6

What is allocation hearing?

Answer 6

• Magistrates will determine whether D is to be tried in MC or CC
• D needs to be aware of advantages disadvantages of each trial venue

Question 7

What’s the advantage and disadvantages of MC?

Question 8

What’s the advantage and disadvantages of CC?

Question 9

What section is for the decision as to allocation?

Answer 9

S.19 magistrates Court Act 1980

Question 10

Before MC makes their decision to allocate what must be done?

Answer 10

S.19(2) MCA sets out:
- court shall give prosecution an opportunity to inform court of D’s previous convictions
- the court shall then give the prosecution and the defendant an opportunity to make representations (ie submissions) as to whether summary trial or trial on indictment would be more suitable

Question 11

How would magistrates make decision to allocate?

Answer 11

S.19 (3)
- whether MC have adequate power to impose sentence for offence
- any representation made by prosecution or D
- allocation guideline issued by sentencing council

Question 12

Representations by parties?

Answer 12

The prosecution will fully outline the allegation against the defendant and will provide the court with the defendant’s previous convictions.

Question 13

Where if prosecution wants the case to be committed to cc but D wants MC?

Answer 13

D’s rights are protected

Question 14

What are the two exceptions to allocation guidelines, where Crown Court trial may be more suitable?

Answer 14

• where the outcome would clearly be a sentence in excess of the court’s powers for the offence(s)
  -for reasons of unusual legal, procedural or factual complexity,

Question 15

It court decides that offence appear to be more suitable for trial on indictment, court shall inform D of this and send them forthwith to cc in accordance to what Act & section?

Answer 15

S.51 Crime and disorder Act (cda) 1998

Question 16

What is magistrates adequacy of sentencing power?

Answer 16

S.19(3)
- max sentence MC may pass is 6 months
- for 2 or more either way offences max 12 2 mints

Question 17

What if D does not want to be committed to cc?

Answer 17

D has to accept decision

Question 18

What procedure does the M have to adopt when the accept summary jurisdiction?

Answer 18

S. 20 MCA 1980

Question 19

What does MC have to explain to D when summary trial?

Answer 19

According to s.20 MCA 1980
- it appeared to the court more suitable for D to be tried summarily for offence
- they can consent or if they want to be tried on indictment
- If tried summarily & convicted the case may be sent to cc

D may request indication of sentence at this stage

Question 20

What does indication of sentence mean?

Answer 20

Magistrates identify it a custodial sentence or non-custodial sated would be more likely if D were to be tried summarily for offence & were to plead guilty

Question 21

What happens if D asks for indication of sentence? (S.20mca)

Answer 21

• Court not obliged to give such indication
• if they do give indication, court may ask D whether they wish to reconsider their intended plea based upon indication sentence

Question 22

What special rules of the MCA 1980 apply where D indicates a guilty plea after receiving indication of sentence?

Answer 22

S.20 A provides:
- no court (whether magistrates’ court or not) is bound by the indication of sentence provided by the magistrates
- no sentence may be challenged or be the subject of an appeal on the ground that it is not consistent with the indication of sentence
- no court (whether magistrates’ court or not) may impose a custodial sentence on the defendant, unless such a sentence was indicated in the indication of sentence.

Question 23

If D does not want to reconsider their plea the court shall than seek the D’s choice, what choice does D have?

Answer 23

Whether they consent to be tried summarily or wish to be tried indictment

Question 24

Can a case be sent to Crown Court without allocation hearing?

Answer 24

Yes,
- an either way offence is sent to the Crown Court, without an allocation hearing under s 50A of the Crime and Disorder Act (CDA) 1998.
- The second is where indictable only offences are sent to the Crown Court forthwith under s 51 of the CDA 1998.

Question 25

Sending under the CDA 1998, s 50A?

Answer 25

• Notices in serious or complex fraud cases
  → sufficient for person to be charged
  → fraud ‘of such seriousness or complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court’
  -Notices in certain cases involving children
  -Related offences and offenders

Question 26

Who can give the notice for fraud cases being in cc without allocation hearing?

Answer 26

Such notice can only be given by a ‘designated authority’, which refers to the
- Director of Public Prosecutions (DPP) (which includes the Crown Prosecution Service),
- the Director of the Serious Fraud Office,
or
- Secretary of State.

Question 27

Sending under the CDA 1998, s 51?

Answer 27

• Sending indictable only offences
  -Sending related offences without allocation
  -Sending related adult offenders without allocation
  -Sending related child offenders without allocation

Question 28

A man is charged with theft, contrary to s 1 Theft Act 1968. The man indicates a not-guilty plea at the plea before venue (PBV) and the magistrates identify that the offence is suitable for summary trial. The man requests an indication of sentence which is provided by the magistrates. The indication does not identify a custodial sentence. The magistrates are now ready to ask the man whether he wishes to reconsider his indication of a not-guilty plea.

Answer 28

Neither the magistrates’ court nor the Crown Court is bound by the indication of sentence but cannot impose a custodial sentence if it did not form part of the indication of sentence if the man changes his plea to guilty.