Effect of indicating a guilty plea at plea before venue (MCA 1980 s.17A)
Amira Haddad, aged 26, appears before a magistrates' court in England charged with theft from her employer, an either-way offence. The charge is read to her and the court explains the plea before venue procedure. She indicates that she would plead guilty.
What is the effect of Amira's indication?
Choose one answer to see the reasoning.
Worked answer
Correct answer C: The court proceeds as if she had pleaded guilty at summary trial; it may sentence her or, if it thinks the Crown Court should have power to deal with her, commit her for sentence.
THE RULE TO REMEMBER
A guilty plea indication at plea before venue is treated as a guilty plea at summary trial; the magistrates sentence or commit to the Crown Court for sentence.
Effect of indicating a guilty plea at plea before venue (MCA 1980 s.17A)
Section 17A of the Magistrates' Courts Act 1980 governs plea before venue for adults charged with either-way offences. The court must explain that, if the accused indicates a guilty plea, the court will proceed as described in s.17A(6) and the accused may be committed to the Crown Court for sentence (s.17A(4)). Under s.17A(6), where the accused indicates a guilty plea, the court proceeds as if the proceedings had been a summary trial from the beginning and she had pleaded guilty. Amira therefore stands convicted. No allocation decision is made and there is no right to elect jury trial. The magistrates may sentence her themselves or, under s.14 of the Sentencing Code, commit her for sentence if they consider the offence so serious that the Crown Court should have the power to deal with her.
Why A is wrong: Allocation under ss.19-20 follows only an indication of not guilty (s.17A(7)); a guilty indication bypasses it.
Why B is wrong: Section 17A(6) treats a guilty indication as a guilty plea at summary trial, so she is convicted.
Why D is wrong: The case stays in the magistrates' court; the Crown Court is involved only if the court commits her for sentence.
Why E is wrong: Once she has indicated a guilty plea she is treated as convicted on summary trial, so there is no election.
A little more practice done.
Related questions
Binding effect of a non-custodial indication of sentence (MCA 1980 ss.20 and 20A)
Which of the following best describes the court's position?
Extending detention without charge from 24 to 36 hours (PACE 1984 ss.41 and 42)
Which of the following best describes how Hannah's detention without charge may be extended?
Adverse inferences from silence and access to legal advice (CJPOA 1994 s.34(2A))
Which of the following best describes whether an adverse inference may be drawn under s.34 of the Criminal Justice and Public Order Act 1994?
A GOOD HABIT, DELIVERED
Tomorrow's question.
In your inbox.
One free question a day, with the answer and reasoning.
No course pitches. Just your daily practice.