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CRIMINAL COURTS (Magistrates Court (Appeals from the Magistrates: (Only D…

- - - - Magistrates can sentence there and then dealing with the case at first instance.
    - - Magistrates may adjourn to gather more info / evidence etc.
        
        Ds trial will be heard and decided by the magistrates.
- - - - Guilty plea: D's case adjourned for pre sentence reports for the judge passes sentence
      - Not guilty plea: Ds case adjourned for the trial by jury. The judge decides the law and jury decides the facts. If found not guilty the judge passes sentence.
- - - - not guilty plea
        
        There must be a mode of trial hearing to decide where the case is tried
        
        mode of trial hearing: the magistrates listen to the case facts before deciding if they can accept jurisdiction. They look at seriousness of the case, their powers of punishment, representations by P / D. Should go to Crown Court if complex, breach of trust, gangs.
        
        Ds election : If the magistrates accept jurisdiction, D can choose trial by Jury at Crown Court or trial by magistrates.
      - Guilty plea:
        
        D cannot ask to go to crown court
        
        Magistrates look at facts and decide if they have sufficient sentencing powers, if sufficient they pass sentence (max 6 months)
        
        I f not D is committed for sentence to the Crown Court.