Pre-trial prosedure
K committed an either way offence to which he wants to plea not guilty. What court proceedings will take place before trial?
I already wrote about the 'plea before venue' and the allocation hearing is there any other hearing?
The second part of the question says: What position will K be if he disagrees with the decisions made in the pre- trail hearing?
- that second part is what confuses me coz they don't make any decisions apart from what court the trial should take place MC or CC and it's not up to him to agree to it
Help please
I already wrote about the 'plea before venue' and the allocation hearing is there any other hearing?
The second part of the question says: What position will K be if he disagrees with the decisions made in the pre- trail hearing?
- that second part is what confuses me coz they don't make any decisions apart from what court the trial should take place MC or CC and it's not up to him to agree to it
Help please
I have the exact same problem in answering this question. After reading the text book and further research I have no idea what they are asking of me. All I have written is what you have written - that the defendant can only choose what court hears their case if the mags court have sufficient sentencing powers.. confusion isnt the word
Mags for a committal and the crown for a pcmh?
Original post by simpson1988
I have the exact same problem in answering this question. After reading the text book and further research I have no idea what they are asking of me. All I have written is what you have written - that the defendant can only choose what court hears their case if the mags court have sufficient sentencing powers.. confusion isnt the word
It's not that confusing. If the mags don't think they have sufficient sentencing powers, they will simply commit it (i.e. send it upstairs) to the Crown Court, who have greater sentencing powers. That stands to reason.
If the the mags feel that the crime is within their sentencing range, then the defendant will be offered a choice. There are certain advantages to having a trial heard at the Crown Court, so a defendant may feel (depending on the case) that this would be the best option. Remember, if the magistrates feel they have made a mistake subsequently, they can still commit a defendant to the Crown Court for sentencing.
Lazy smurf- with an either way offence, there is no necessity for a committal. Obviously it does happen, but the case can be heard in either a mags or the Crown Court. This will be decided upon at the "Plea before Venue" hearing.
Original post by cowmilla
K committed an either way offence to which he wants to plea not guilty. What court proceedings will take place before trial?
I already wrote about the 'plea before venue' and the allocation hearing is there any other hearing?
The second part of the question says: What position will K be if he disagrees with the decisions made in the pre- trail hearing?
- that second part is what confuses me coz they don't make any decisions apart from what court the trial should take place MC or CC and it's not up to him to agree to it
Help please
I already wrote about the 'plea before venue' and the allocation hearing is there any other hearing?
The second part of the question says: What position will K be if he disagrees with the decisions made in the pre- trail hearing?
- that second part is what confuses me coz they don't make any decisions apart from what court the trial should take place MC or CC and it's not up to him to agree to it
Help please
On an unrelated note, make sure you spell procedure correctly in your work!
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