OCR Criminal Law Pre-Trial procedure

What is the key aim for summary offences?

Completing the case at the earliest possible hearing

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What criteria have to be satisfied?

Defendant pleads guilty, is either already legally represented or does not want legal representation

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What do the magistrates have to establish in the first hearing?

Try to discover the issues involved in the case

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Triable either way: If D pleads guilty what happens?

No right to ask for his case to be transferred to the Crown Court

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What is the "mode of trial proceedings"

Magistrates must decide whether the case should be heard in the magistrates court or the crown court

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What must they consider according to s19 Magistrates' Court Act 1980?

Nature and seriousness of the case, their own powers of punishment, any representations of the prosecution and defence.

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What is defendant's election?

Defendant can choose to be sent to Crown Court.

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Where are indictable offences first heard?

Magistrates' Court

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What criteria have to be satisfied?

Defendant pleads guilty, is either already legally represented or does not want legal representation

What do the magistrates have to establish in the first hearing?

Triable either way: If D pleads guilty what happens?

What is the "mode of trial proceedings"

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