No Hearing

[legaleagle21]

WHY WOULD A TRIAL AT THE MAGISTRATES COURT NOT HAVE A HEARING

[barry1010]

Your question is not clear. Can you explain?

[10ClarionSt]

Do you mean because of Covid?

[Stephen_G]

And turn your caps lock off on your keyboard, because it gives the impression that you are shouting at us. People frown upon it.

[Zacs-Master]

Because the accused pleaded guilty.

[barry1010]

That would be the other way round, Zacs. There would be no trial because he pleaded guilty at the plea hearing.

[legaleagle21]

The person was accused of a crime and was interviewed by police and pleaded not guilty. the accused was released without bail and has now received a date to attend trial but never got asked to attend a hearing

[Jackdaw33]

A plea and directions hearing is for those cases which have to go to Crown Court. If he is being tried in the Magistrates court there is no need for a prior hearing. The hearing is the trial itself.

[jno]

you can tell the pollice you didn't do it but you can't "plead not guilty" till you get to court and are asked how you plead. He'll get his chance then. Meantime, he should prepare his case (or get a lawyer to do it) to put before the court.

[legaleagle21]

he has a lawyer on the case.

[New Judge]

//A plea and directions hearing is for those cases which have to go to Crown Court. If he is being tried in the Magistrates court there is no need for a prior hearing. The hearing is the trial itself.//

That's not quite correct, jd.

A "plea and directions" hearing is usually the first hearing of a matter in the Crown Court. They are not held in Magistrates' Courts.

However, a similar hearing is held for matters that are to be actually tried in the Magistrates' Court and this is known as a "Case Management" hearing. It is held to ensure that matters for the trial itself are settled beforehand. These include the clarification of the issue(s) in dispute, the identification of witnesses who are to attend and their availability, the acceptance (or otherwise) of written evidence by either side, the amount of court time needed and the date the trial is planned. The court will also make any directions that need to be given such as service of evidence and "special measures" to be made available to witnesses. These hearings are vital to all trials held in the lower court. They can sometimes take a few minutes or may take quite a time if, for example, legal arguments over evidence are put forward.

If a matter to which a defendant pleads Not Guilty is triable "either way" (that is either in the Magistrates' Court of the Crown Court) a process known as "Mode of Trial" is held in the Magistrates' Court. Firstly the court hears the details of the offence. It then decides whether to retain jurisdiction or, if they consider it too serious and may warrant a sentence in excess of their powers in the event of a conviction, to commit the matter to the Crown Court. However, if they do decide to retain jurisdiction the defendant has the right to a trial by judge and jury (but he has no right to a trial in the Magistrates' Court if the court determines otherwise).

The OP's mate will probably find that the upon his first appearance the trial will not be held but a case management hearing will take place instead.

[Jackdaw33]

Clumsy wording on my part, NJ.

[legaleagle21]

spot on new judge, thanks. and thanks to all who replied