Uk court hearings

[Chloeee]

Hello,

literally just joined up because I seen a thread on here about people not entering a plea in court and the impacts it has.

we’re about to start this process and honestly I’m dreading it. My ex partner and his girlfriend have refused to enter a plea it’s been to magistrates and is now in crown court within the next two weeks but I’m now unaware of what happens now? How does it work?
I always thought you had to enter either a guilty or not guilty plea.
Any advice or tips as to how things may go would be greatly appreciated.

 

[ainsworth74]

Can you just confirm as to whether this is in regards to a fare evasion matter? Could you give some more background about what's happened if so? We'll struggle to give you any assistance without a bit more info

 

[furlong]

Generally speaking, not entering a plea is treated the same way as a plea of 'not guilty'.

 

[thebigcheese]

Unless it's an Indictable Only offence in which case it can't be dealt with at the Magistrates and is 'passed up'. The items in (2) below are summary only offences which means they can only be dealt with at the Magistrates (unless you've been convicted and are appealing).


CPS guidance states:
(1)Prosecutors should consider using the provisions of the Fraud Act 2006 (See CPS Fraud Act 2006 Legal Guidance), where there is evidence of premeditation, or persistence, or repeat offending, or large loss by the transport authority. Where tickets have been altered or defaced, prosecutors should consider a charge under the Forgery and Counterfeiting Act 1981 (See CPS Forgery and Counterfeiting Legal Guidance).

(2)Where fare evasion is opportunistic and there is no significant element of planning, then it will not normally be necessary in the public interest to charge fraud or forgery. In these circumstances, subject to the usual public interest considerations, a charge under section 5 of the Regulation of Railways Act or section 103 of the Railway Clauses Consolidation Act may be appropriate.

 

[ukkid]

Hello,

literally just joined up because I seen a thread on here about people not entering a plea in court and the impacts it has.

we’re about to start this process and honestly I’m dreading it. My ex partner and his girlfriend have refused to enter a plea it’s been to magistrates and is now in crown court within the next two weeks but I’m now unaware of what happens now? How does it work?
I always thought you had to enter either a guilty or not guilty plea.
Any advice or tips as to how things may go would be greatly appreciated.

For either way or indictable offences you do not have to indicate a plea at the first hearing

 

[Chloeee]

Can you just confirm as to whether this is in regards to a fare evasion matter? Could you give some more background about what's happened if so? We'll struggle to give you any assistance without a bit more info

so it’s not about fare evasion, it’s in regards to something more serious unfortunately. My son was placed with his dad..3 years of me fighting and it’s come to light he was being beaten and abused everyday I’m dreading the hearings because I know he’s going to fight everything but I don’t understand if it’s treated the same as a not guilty plea why they wouldn’t just plea not guilty? Sorry for asking in here was literally the only place I could find to ask, where there had been previous conversations in context to courts

For either way or indictable offences you do not have to indicate a plea at the first hearing

Would it be decided when it goes to crown what happens next or will they have some sort of idea how things are going to go? Been speaking with the liaison officer for the case but it’s impossible to have a full conversation with them because there so busy! But it’s not even two weeks away and I want to be prepared so I can protect myself and my son

 

[ainsworth74]

To be honest this is really going to be outside our area of expertise as family law and also this side of criminal law is outside of our wheelhouse really. You might have more success over on Mumsnet where I imagine there will be people who have been in similar situations to yourself and they do have a legal matters section (here). Equally you could also find a local solicitor firm who deal with family and criminal law (the Law Society maintain a register here) most firms will offer a free initial appointment or free half hour of advice so that might be useful. You could also contact your local Citizens Advice, whilst they cannot advise on criminal matters they may be able to offer some guidance on the family law side of things and may be able to direct you to local solicitors that offer some free advice. You can find contact details for your local branch (and also lots of information in general) on their website here.