2. Learning Objectives
To be able to describe the process of
a non-guilty plea
To be able to compare the guilty and
not guilty plea
To be able to identify the key laws
governing pre-trial procedure
3. Mode of trial
A mode of trail hearing decides
whether and either way offence should
be tried:
◦ Magistrates
◦ Crown court
4. Plea
Section 17a of Magistrates’ Courts Act
1980:
Requires Magistrates Court to read out
charge to D and ask for plea:
◦ Guilty
◦ Not Guilty
Why?
◦ Saves time, reduces number of cases that go to
Crown court then plead guilty
◦ D not obliged to answer, therefore will proceed to
full trial
5. Guilty Plea
If D pleads guilty and Magistrates
accepts jurisdiction, it will convict him
and sentence under s.17a of
Magistrates’ Courts Act 1980
Jurisdiction means power of the court
◦ Magistrates have power to sentence up to 12
months and impose £5,000 fine
◦ More than that will commit to Crown Court for
sentence under s.3 Powers of Criminal
Courts (Sentencing) Act 2000
6. Not guilty plea
Magistrates may believe a summary trial
is suitable and will explain to D under
s20 Magistrates’ Courts Act 1980
◦ D consents to summary trial – date will be set
◦ D refuses summary trail case will be sent to
crown court under s51 Crime and Disorder
Act 1988
A summary trial means there is no
committal and no jury. The trial is before
a bench of magistrates.
7. Some however (s)
However D can ask if the magistrate would
consider non-custodial of they plead guilty
instead and opt for summary trail. Magistrate
does not have to answer but if they do
promise non-custodial they must stick to it
under s20 Magistrates’ Courts Act 1980
However D may opt for a jury trail at
Crown court because they have lower
conviction rates than magistrates
8. Committal
If D is to have their case heard at
Crown Court, the magistrates must
commit the case.
Known as committal
Sent directly under s51 Crime and
Disorder Act 1988
9. Triable either way committal
Magistrates will hold committal
proceedings which include
◦ Summary of facts and law by the
prosecution
◦ Paper-based no witnesses
◦ Governed by rule 7 of the magistrates’
Courts Rules 1981
◦ End of hearing Magistrates will decide if
there is sufficient evidence to commit the
case to Crown Court. This test is set out
in s.61 Magistrates Courts ACT 1980
10. Next
Try the activities in your workbook
pack.
