The process of deciding where an either-way offence will be heard starts with what is known as Plea Before Venue. The accused is asked to indicate whether he will plead guilty or not guilty. If he indicates he will plead guilty, then the magistrates immediately accept the case and try it as if it were from the start a summary offence. There then follows what is becoming known as Mode of Sentence. The magistrates have to decide whether their maximum powers (5000 pounds and/or 6 months in prison) are sufficient to punish the offender or whether their powers are insufficient and they need to commit the defendant to the Crown Court for sentence. If they commit the defendant to the Crown Court for sentence, then the matter is dealt with by a judge and two lay magistrates. If he indicates a plea of not guilty, there then follows a process called Mode of Trial. Firstly, on the basic facts of the case as outlined by the prosecution, and with a prosecution recommendation and a defence recommendation, the magistrates decide whether they accept jurisdiction. If they decide the case is too serious for them to hear, then they will commit the accused to the Crown Court for trial. If they accept jurisdiction and are prepared to try the case summarily, then, secondly, the accused is asked where he would like to be tried - for he still has the right to be tried by a jury with a judge in the Crown Court. If he elects the Magistrates' Court then the case is tried summarily. If he elects for the Crown Court then the magistrates will commit him to the Crown Court for trial. Only then is the plea formally taken. By whichever route, if the magistrates, on hearing more detail and other factors about the case (and associated charges) including previous convictions, consider that their powers are insufficient then they can commit the defendant to the Crown Court for sentence at any stage in the proceedings between conviction and disposal.
