Trial

Question 1

What are 3 issues dealt with at the first hearing?

Answer 1

1. plea
2. bail
3. representation and legal aid

Question 2

What are defendant’s plea options?

Answer 2

1. not guilty = trial
2. guilty = straight to sentence
3. no indication = trial

Question 3

What are 3 things the Magistrates courts consider when deciding to allocate a case to the Crown Court?

Answer 3

1. prosecution/defence submissions
2. likely sentence + sentencing powers (consider factors)
3. complexity

Question 4

What will the Magistrates Court consider when deciding on likely sentence? (3)

Answer 4

All aspects of the case including:

i. nature of offence
ii. seriousness e.g. injuries
iii. previous convictions

Question 5

What are the Magistrates Court sentencing powers?

Answer 5

6 months

12 months if two EW offences

Question 6

What are 2 things the defendant may ask for during the allocation procedure?

Answer 6

1. indication of sentence (may change plea)
2. trial in CC

Question 7

What are 2 advantages of trial in CC?

Answer 7

1. acquittal rate
2. separate tribunals

Question 8

What are 2 advantages of trial in Magistrates Court?

Answer 8

1. less formal
   2.

Question 9

What is a PBV?

Answer 9

For EW offence. First hearing in the magistrates court where the defendant can enter a plea. After which the venue will be decided upon

Question 10

When must an EW offence be heard summarily? (2)

Answer 10

i. within court sentencing powers
ii. simple case