ABH...can change a plea in a magistrate court

[nzeric07]

I was charged for abh in a magistrate court but after pleading 'Not Guilty' elected for it to be tried in the crown court.

i have been given a date to report back to the magistrate court where i will be given the date of the crown court trial.

the problem is that i have now changed my mind and want to plead Guilty and in the Magistrate court,

Can I do this? Please help.



henry

[New Judge]

Yes you can.

You should inform your solicitor and he or she should inform the court so that a hearing can be arrnaged at an earlier date than that already arranged.

Bear in mind that you will receive a substantial discount for pleading guilty before the day of the trial (though you may have lost a little of that benefit for initially pleading not guilty). Also bear in mind that the magistrates can still send you to the Crown Court for sentencing if, after hearing the facts, they consider their powers are insufficient.

[frogop]

Henry,

Firstly contact your solicitor and inform them immediately of your decision. The crown courts have much greater powers for sentencing then the Magistrates Court and you sentence will be greater there, worse again if you are found guilty after trial. You and your solicitor should try your best to keep this at the Magistrates Court. Bare in mind Solicitors get paid more by Legal Aid if they have to take the case to the Crown Court, so ensure they are working for you.
Police Officer.

[New Judge]

By changing his plea, frogop, henry and his solicitor will have no say over where he is sentenced. Magistrates will commit him to the CC for sentence if they believe their powers are insufficient, and they will base this decision on the facts as presented by the prosecution.

The only right a defendant has when charged with an “Either Way” offence is a right to a trial by jury at the Crown Court in the event that they plead Not Guilty. It seems Henry firstly exercised this right, but his change of plea leaves him in the hands of the Magistrates who will decide where he is sentenced.

[dh001]

Also, just because the Crown Courts have greater sentencing powers it does not necessarily mean the sentence will be greater there, some times, the opposite it true.

I agree with the comments regarding solicitors fee's, it is not uncommon for the legal rep to consider their potential earning before the clients interest.