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Court hearing question

4 replies

AABFF · 21/11/2024 14:25

Hi. My best friend has serious mental health issues and is completely overwhelmed. I'm trying to help her. She has a magistrates hearing next month and has only been told that it is so the case can be sent to the crown court. Her solicitor is not very communicative. What actually happens at such a hearing please? Will she have to enter a plea then? Many TIA

OP posts:
prh47bridge · 21/11/2024 14:59

The magistrates will say that the case needs to go to the Crown Court and whether your friend should be released on bail. She will be expected to indicate whether she will plead guilty or not guilty. Her solicitor should take her through the evidence and advise her of the strengths and weaknesses of the prosecution case before she decides. If she is going to plead guilty, she should do so at the earliest possible opportunity as that gives the maximum discount on the sentence.

AABFF · 21/11/2024 15:16

Thanks. I've pm'd you

OP posts:
AABFF · 27/11/2024 08:48

prh47bridge · 21/11/2024 14:59

The magistrates will say that the case needs to go to the Crown Court and whether your friend should be released on bail. She will be expected to indicate whether she will plead guilty or not guilty. Her solicitor should take her through the evidence and advise her of the strengths and weaknesses of the prosecution case before she decides. If she is going to plead guilty, she should do so at the earliest possible opportunity as that gives the maximum discount on the sentence.

Do you happen to know, please, can magistrates look at a case and decide not to proceed? Also, were she to plead guilty (v complicated circumstances but she really isn't guilty!) might the magistrates decide it didn't need to go to crown court if it then fell within their sentencing powers, bearing in mind credit for pleading guilty? Hope this makes sense!

OP posts:
prh47bridge · 27/11/2024 09:33

Given what your friend has been told, it sounds like she has been charged with an indictable only offence, i.e. one that must be dealt with by the Crown Court. If that is the case, it will go to the Crown Court regardless of how she pleads. If she pleads not guilty, it will go to trial. If she pleads guilty, it will be referred to the Crown Court for sentencing. The only way the case can stop at this stage is if the prosecution withdraw.

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