A Level Law Practice Exam

What is the first step for magistrates when a defendant pleads not guilty to an either way offence?

1. Determine if a trial is necessary

2. Decide on the sentence

3. Determine the appropriate court for trial

4. Look for mitigating circumstances

The correct answer is: Determine the appropriate court for trial

When a defendant pleads not guilty to an either way offence, the initial step for magistrates is to determine the appropriate court for trial. Either way offences are those that can be tried in either the magistrates' court or the Crown Court, depending on various factors, including the seriousness of the offence, the defendant’s previous record, and whether the defendant elects to be tried in the Crown Court. In this context, the magistrates will assess whether the case is suitable for summary trial or if it warrants the higher jurisdiction of the Crown Court based on the details of the case and the nature of the charges involved. The other options do not represent the first step in this process. Determining if a trial is necessary would occur after the appropriate court has been established, while deciding on a sentence and looking for mitigating circumstances are considerations that come later in the judicial process after a conviction has been reached, not at the initial plea stage.