Pre-trial procedure - triable either way offences Flashcards
law (6 cards)
1
Q
When does the plea occur?
A
before venue
2
Q
What is D asked?
A
if they plead guilty or not guilty
3
Q
What happens when they plead guilty?
A
Magistrates will hear facts and see if their sentencing powers are sufficient enough to sentence, if they are they will
4
Q
What happens if their powers are not sufficient enough to sentence?
A
they send case to Crown court for sentencing
5
Q
If not guilty?
A
- mode of trial hearing
- Magistrates decide whether or not to accept jurisdiction.
- if accepted D will choose where to trial, Crown or Magistrate.
6
Q
What happens if Magistrates refused jurisdication?
A
- D will go to Crown court and trial will be held there
