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A new
procedure ('Plea before Venue') was introduced in 1997.
The defendant is asked whether or not he wishes to indicate a plea, to
say whether he will plead 'Guilty' or 'Not Guilty'.
He can
choose not to do this, or choose not to give an indication.
If
he decides to indicate a plea, he is asked what the plea will be.
If
he indicates a Guilty plea, then the court immediately treats that
indication as an actual and immediate plea of guilty. The defendant looses
the right to choose to take the matter to the Crown Court.
The
court will then hear some more details of the case and can then either:
-
Send
the case to the Crown Court for sentence; the case will usually be adjourned
for the prosecutor to prepare appropriate papers.
-
Adjourn for a pre-sentence report, or
-
Sentence there and then.
Representations can be made about sentencing in the light of the circumstances
of the case or any previous convictions.
If a
not guilty pea or no plea has been indicated the magistrates will go ahead
and decide whether to deal with the case themselves, the magistrates give the
defendant the choice of where the case should be dealt with, either at the
Magistrates Court or at the Crown Court.
The
magistrates can choose to have the case dealt with by the Crown Court. If
it is not suitable for the Crown Court the Magistrates will have the choice only
as regards sentencing.
Even if
a defendant decides to have the matter dealt with by the magistrates, they still
have the choice later to send him to the Crown Court, if their sentencing powers
prove insufficient.
If
the defendant is not yet ready to plead, if for example, some information or
other important evidence remains unavailable the case will be adjourned. |
