What are offences that are triable either way? What is plea before venue?
Either way offences are offences that can be heard in either the Magistrates Court or the Crown Court. The Magistrates Court will ask a defendant to indicate plea. If the plea is guilty the magistrates will hear from the prosecution and decide whether they have adequate sentencing powers or whether they will commit the matter to the Crown Court for Sentence.
If the plea is Not Guilty the Magistrates will hear from the prosecution and decide whether the matter is suitable for summary trial (trial in the Magistrates Court) if it is not they will commit the matter to the Crown Court for trial. If they think the matter is suitable for summary trial the defendant may decide to elect Crown Court trial before jury. If this happens the matter will be committed to the Crown Court. The decision of whether to elect Crown Court trial is vital and legal advice must be taken prior to making the decision.
POSTED: Monday, January 6, 2014