Pre-trial: triable either way - English legal system
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Course
9084 Law (9084)
Institution
Sunway University
This essay can be helpful for your CIE A levels, AS level, exams or even first year law degree. All my essays have been marked by my lecturer and given good grades! This essay was awarded top in the class marks (English legal system)
All criminal cases will first go to the Magistrates’ Court. Triable either way offences are regarded
as the middle range of crimes and they include a wide variety of offences, such as theft and
assault causing actual bodily harm. These cases can be tried in either the Magistrates’ Court or
the Crown Court.
In order to prevent unnecessary delays, the first hearing is now an early administrative hearing
(EAH). The hearing can be dealt with by a single lay magistrate, or by the clerk of the court. This
is to discover if the defendant wants to apply for legal aid and his eligibility; requesting
pre-sentence; and deciding if the defendant should be remanded in custody or put on bail.
Clerks cannot change any conditions where the bail has previously been granted.
Either way offences are of no fixed abode. Under s 17A Magistrates’ Court Act 1980, a
defendant charged with an either way offence will be asked at the Magistrates’ Court to indicate
his plea. If the defendant pleads guilty, the Magistrates’ Court passes sentence or may commit
the defendant for sentence at the Crown Court. A guilty plea means there is no need for a trial.
The Plea before venue provides the defendant with the earliest opportunity to plead guilty.
If the defendant pleads not guilty, the magistrates proceed to an ‘allocation’ hearing, which is a
pre-trial hearing to decide where the case will be tried. s 19 of the Magistrates’ Courts Act 1980
states that Magistrates will decide whether an either way offence should be tried summarily or
on indictment. The court will consider and take account of any previous convictions of the
defendant in assessing whether the sentencing powers available are adequate. Cases involving
complex questions of fact or law should be sent to the Crown Court.
Under s.20 Magistrates’ Courts Act 1980, defendants must be told that they can consent to be
tried summarily or choose to be tried on indictment. It is not possible to be committed for
sentence to the Crown Court once the Magistrates have accepted the jurisdiction. Defendants
who elect summary trial cannot receive a sentence beyond the magistrates’ powers. The
exception to this rule is where committal for sentence under s.3A the Powers of Criminal Courts
Act 2000 is available for specific offences carrying a sentence of 10 years or more where the
court thinks there is a significant risk to the public occasioned by the commission by the
defendant.
Defendants also have the opportunity of requesting an indication from the Magistrates whether,
if they pleaded guilty, the sentence would be custodial or not. Where an indication is given,
defendants will be given the opportunity to reconsider their original indication as to plea. Where
a defendant then decides to plead guilty, the Magistrates’ Court will proceed to sentence. A
custodial sentence will be available only if such a sentence was indicated. If the defendant
pleads not guilty on the basis of it, the sentence indication is not binding on the magistrates who
later try summarily, or on crown court if the defendant elects trial on indictment. Otherwise, the
defendant will be given the choice between accepting summary trial and electing trial on
indictment.
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