The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Where the court decides that a case should be tried at the Crown Court, it should be send forthwith as committal proceedings have now been abolished.
Unless an either-way offence is sent straight to the Crown Court for trial either because the offence is indictable-only or falls under the certain circumstances highlighted in the Practice Note: Allocation and Sending for Trial—Sending of Cases Forthwith to the Crown Court for Trial, the court should proceed with the plea before venue under section 17A of the Magistrates' Courts Act 1980 (MCA 1980) and allocation.
The procedure to be followed is contained in Criminal Procedure Rules 2020, SI 2020/759, Pt 9 (CrimPR).
The allegation should be put to the defendant in clear terms and the court must then ensure that the following are explained to them:
that the offence can be tried in either the magistrates' court or the Crown Court
when asked, if the defendant indicates that they intend to plead guilty, the court must treat that as a guilty plea and must sentence the defendant or commit the defendant to the Crown Court for sentence
if the defendant fails to indicate a plea, or indicates that they will not enter a guilty
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