Being prosecuted for a motoring offence can be daunting, but for more serious offences where the penalties may include imprisonment, many clients may feel terrified of the prospect of appearing before the court. This blog specifically addresses the process of attending court in relation to more serious offences referred to as ‘triable either way’ offences.
What is a triable either way offence?
A triable either way offence refers to an offence which may be dealt with by the Magistrates’ Court OR the Crown Court.
Examples include:
Summary offences are dealt with exclusively by the Magistrates’ Court (such as drink driving) whilst indictable only offences are only heard in the Crown Court (such as death by dangerous driving).
All criminal charges, no matter how serious, begin in the Magistrates’ Court.
What happens when I attend court for a triable either way offence?
A court summons will indicate the date of the first appearance at the Magistrates’ Court where the initial plea of guilty or not guilty is usually entered.
The process can vary with triable either way offences, broadly as follows;
1. If you plead guilty
The Magistrates’ Court must then decide if it has jurisdiction and sufficient sentencing powers to impose a penalty. The Magistrates’ Court may only impose a maximum penalty of 12 months. The Allocation Guidelines issued by the Sentencing Council suggest either way offences should be dealt with in the Magistrates’ Court unless the outcome would clearly be a sentence in excess of the court’s powers.
The Court will then consider sentence, if suitable. This can be done immediately or, the matter may require a pre-sentence report to consider whether a community order/custodial sentence is required. This involves meeting with the probation services who will discuss the offences with you.
2. If you plead not guilty/give no indication as to plea
The Court as above, must again first consider whether they can sufficiently deal with the case before them. However, you would also then have a choice whether to elect to have your trial dealt with by the Crown Court or the Magistrates’ Court. This can be a vital decision to make and it is imperative that you have received full advice as to the best venue for your trial.
The prosecution will outline the facts of the case and make submissions as to where the trial should be held. The defence can also make representations if there is any disagreement.
If you elect to be dealt with in the Crown Court, you may also enter no indication as to plea. This may be a strategic move to seek further evidence once the matter is passed to the Crown Court to try and negotiate a lesser charge or if you are unsure as to how to plead generally, although this does reduce credit awarded if a guilty plea is later entered. Where a guilty plea is entered at the Magistrates’ Court at the first available opportunity, you are awarded a one-third reduction to your sentence (which applies to fines/community orders/custodial sentences). Should you enter a guilty plea at the Crown Court, the credit is reduced to one-quarter.
You may also seek an indication as to whether a custodial or non-custodial sentence would be more likely if you were to plead guilty in the Magistrates’ Court. There is no obligation for the Magistrates’ Court to provide such an indication. However, should you continue with a trial after this indication of sentence, the indication given is not binding on any later outcome.
How we can help
The process of attending court is extremely stressful, and having representation is vital. Our case handlers will work with you to prepare you fully for all eventualities, guiding you through the initial evidence of the case against you and advising on the best routes and outcomes.
On the day of your first appearance at court, you will meet a fully briefed advocate who is familiar with your case who will guide you through the court minefield, restricting your interaction with the court to the absolute bare necessity.
Your dedicated case handler will offer their expert opinion about the best venue for your case to be dealt with, or about the likelihood as to whether your matter will be sent straight to the Crown Court to try and alleviate the uncertainty surrounding your case.
