Criminal: Either Way Pre-Trial Procedure
Step One: First hearing in Magistrates court. This is known as a plea before venue. Defendant will be asked to enter a plea of either guilty or not guilty. Magistrates will decide if the defendant should receive bail or be remanded in custody and if he should receive legal funding.
Step Two: If the defendant pleads guilty then Magistrates will sentence a maximum of 6 months imprisonment or a £5000 fine. If they feel that they have enough sentencing powers then they will transfer to Crown court for sentencing.
Step Three: If the defendant pleads not guilty then a mode of trial hearing will be held in Magistrates court. Magistrates will decide if they have jurisdiction for the case or not.
Step Four: If Magistrates accept jurisdiction for the case, a trial in Magistrates could go ahead. Here the defendant will get a choice as to whether the case is heard in Magistrates or Crown Court. If he chooses Magistrates then the trial will take place, if not it will be transferred to Crown Court.
Step Five: If the Magistrates do not accept jurisdiction, they refuse it, then the trial will be transferred to Crown Court.
Step Two: If the defendant pleads guilty then Magistrates will sentence a maximum of 6 months imprisonment or a £5000 fine. If they feel that they have enough sentencing powers then they will transfer to Crown court for sentencing.
Step Three: If the defendant pleads not guilty then a mode of trial hearing will be held in Magistrates court. Magistrates will decide if they have jurisdiction for the case or not.
Step Four: If Magistrates accept jurisdiction for the case, a trial in Magistrates could go ahead. Here the defendant will get a choice as to whether the case is heard in Magistrates or Crown Court. If he chooses Magistrates then the trial will take place, if not it will be transferred to Crown Court.
Step Five: If the Magistrates do not accept jurisdiction, they refuse it, then the trial will be transferred to Crown Court.
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