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No requirement for a legally represented defendant to be present for s 51 sending hearing (R v Umerji)

No requirement for a legally represented defendant to be present for s 51 sending hearing (R v Umerji)
Published on: 30 April 2021
Published by: LexisPSL
  • No requirement for a legally represented defendant to be present for s 51 sending hearing (R v Umerji)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
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Article summary

Corporate Crime analysis: Sending for trial: The Court of Appeal held that a legally represented defendant did not have to be physically present in court before magistrates could send them to the Crown Court for trial, pursuant to section 51 of the Crime and Disorder Act 1998 (CDA 1998). The procedure under CDA 1998, s 51 is not analogous to the plea before venue process under section 17A Magistrates Courts Act 1980 (MCA 1980), which requires a defendant's physical presence. Written by Dana Forbes, Advocate at Ampersand Advocates. or take a trial to read the full analysis.

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