what happens at a first hearing and can you be sentenced then

[upsetspouse]

the person has committed bigamy will this be dealt with at a first hearing or will it go to trial. Does anyone know the procedures from first hearing to trial.

[FredPuli43]

First hearing is in the magistrates' court and is a formality. The case then goes to Crown Court. The first hearing in the Crown Court is purely procedural, to give preliminary directions on evidence, time estimate for trial, fixing a date or period in which the case can be heard and so on.

The trial itself will start on the date, or between the dates, decided then. Witnesses will not be required to attend any of the hearings until the tria itself.

[FredPuli43]

Bigamy cases must be tried in the Crown Court. If the defendant intends to plead guilty, the plea of guilty is made at the earliest opportunity in the Crown Court, the case is not listed for a trial, and the defendant is sentenced after reports have been made on him or her for the sentencing judge; this generally means that the sentencing is at a later date than the plea of guilty.

[upsetspouse]

so how long will it take from magistrates to crown court

[FredPuli43]

From magistrates' to Crown, only a few weeks. The delay sets in when it gets to Crown. If it's notified as a guilty plea in advance,the plea of guilty is taken and the whole process to sentence then might only be another few weeks but if it's going to be a full trial you may be looking at months for a hearing. It's not easy to say; it all depends on how busy the court is, how long the trial will be, whether essential witnesses have dates to avoid, sometimes whether defence barristers have other commitments, and so on

[Dee Sa]

bigamy, I have not heard of that for years ! anyway they dont jail you for that anymore.

[bednobs]

what makes you think that dee sa?

[mike11111]

I thought that having two mothers-in-law was deemed a sufficient punishment.

[FredPuli43]

A custodial sentence is appropriate if one victim has been deceived and suffered " injury" [ presumably here used in the legal sense i.e. loss of money or property or mental or physical hurt], or the crime was committed for gain or for immigration purposes . [That from the CPS website]

[upsetspouse]

Thought i would update you all on the outcome of my soon to be ex husbands Bigamy case. He appeared in court and pleaded NOT GUILTY his defence is that I assured him that we were divorced (that made me laugh)
1. I have never known were he lived therefore unable to send any paperwork
2. My statement says he would send me the paperwork as proof he divorced me
3. I have a text on my phone saying he's posted the alleged paperwork
4. Even when I told him I wanted a divorce he told me he would never give me one. (Now getting divorced on the 5 year separation so dont need his permission)

He will be appearing in Magistrates Court in August and I now have to go as a Vital witness. I cannot understand why he pleaded not guilty so glad i'm nearly rid of him for good.