Theft And Burglary Explain The Role Of The Magistrates Court
In relation to offences which are triable either way, (e.g. Theft and Burglary) explain the role of the magistrates court in determining the appropriate venue for the trial to take place.
There are over 12,000 different criminal offences1, which can be classified
under 3 different categories. The first category is summary offences, which are
defined by statute and are usually minor offences such as traffic violations and
common assault and are all dealt with at the magistrates court.
Approximately 90% of all cases are dealt with in the magistrates court, which in
2011 was an estimated 1.62 million defendants conducted against2. There has
been criticism that more offences have been made summary only, reducing the …show more content…
When a case falls into the triable either way category, they determine which
court the case will be tried in at ‘plea before venue’ and ‘mode of trial’
hearings.
If the defendant chooses to plead guilty at the ‘plea before venue’ hearing, then
the magistrates will continue to hear the facts of the case and any previous
convictions. If they feel their sentencing powers are inadequate, the case will be
sent to the Crown Court for sentencing. However, if they have jurisdiction, the
magistrates can sentence the defendant. Since R v Goodyear4, the defendant can
now request an indication of whether the sentence will be custodial or not.
If the defendant pleads not guilty or refuses to state a plea, the magistrate’s have
a ‘mode of trial’ hearing5. If the magistrates agree to the hearing, the defendant
will be given a date for a summary trial. However, even if the magistrates agree
to jurisdiction the defendant has the option to elect for a Crown Court hearing
There are over 12,000 different criminal offences1, which can be classified
under 3 different categories. The first category is summary offences, which are
defined by statute and are usually minor offences such as traffic violations and
common assault and are all dealt with at the magistrates court.
Approximately 90% of all cases are dealt with in the magistrates court, which in
2011 was an estimated 1.62 million defendants conducted against2. There has
been criticism that more offences have been made summary only, reducing the …show more content…
When a case falls into the triable either way category, they determine which
court the case will be tried in at ‘plea before venue’ and ‘mode of trial’
hearings.
If the defendant chooses to plead guilty at the ‘plea before venue’ hearing, then
the magistrates will continue to hear the facts of the case and any previous
convictions. If they feel their sentencing powers are inadequate, the case will be
sent to the Crown Court for sentencing. However, if they have jurisdiction, the
magistrates can sentence the defendant. Since R v Goodyear4, the defendant can
now request an indication of whether the sentence will be custodial or not.
If the defendant pleads not guilty or refuses to state a plea, the magistrate’s have
a ‘mode of trial’ hearing5. If the magistrates agree to the hearing, the defendant
will be given a date for a summary trial. However, even if the magistrates agree
to jurisdiction the defendant has the option to elect for a Crown Court hearing