Pre-Trial procedure for Triable Either-Way Offences

What is the name of the first step for a Triable Either-Way pre-trial procedure?

Plea Before Venue

Where does the first hearing of a Triable Either-Way offence take place?

Magistrates Court

What is the next step after the D is asked to enter a plea of either guilty or not guilty in the first step of a Triable Either-Way pre-trial procedure?

The Magistrates will decide bail/custody and legal funding for the D

What happens if the D pleads guilty to a Triable Either-Way offence?

Magistrates will sentence them with a maximum sentence of 6 months imprisonment and/or £5000 fine

Where can Magistrates transfer the case if they feel they do not have enough sentencing powers?

Crown Court

Which step of the Triable Either-Way pre-trial procedure is the following:

- D pleads guilty

- Magistrates will sentence

- Max sentence of 6 months imprisonment and/or £5000 fine

Step 2

What is the name of the hearing held in the Magistrates court if the D pleads not guilty to a Triable Either-Way offence?

Mode of Trial Hearing

What do Magistrates decide before accepting a case in the third step of a Triable Either-Way pre-trial procedure?

If they have jurisdiction

What must Magistrates refer to when deciding whether they have the jurisdiction to accept a case?

Section 18 of the Magistrates' Court Act 1980

What must Magistrates consider when referring to Section 18 of the Magistrates' Court Act 1980?

Nature and seriousness of the case

The courts own sentencing powers

Any representations of prosecution or defence

Where should cases involving complex questions of fact or law be sent to?

Crown Court

What are other relevant factors that may make a case suitable for trial at crown court?

A breach by the D

Crimes by organised gangs

If the amount involved is more than twice the amount the Magistrates can fine a D

Which step of the Triable Either-Way pre-trial procedure is the following:

- If Magistrates accept jurisdiction for the case a trial in Magistrates could go ahead

- Here the D will then get the choice as to whether the case is heard in Magistrates or Crown Court

- If the D chooses Magistrates the trial will take place, if not then it will be transferred to Crown Court

Step 4

What happens if Magistrates refuse jurisdiction? (Step 5 of the Triable Either-Way pre-trial procedure)

The trial will be transferred to Crown Court