Pre-Trial Matters
>being arrested
- Created by: SirCambo
- Created on: 28-04-14 08:53
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- Category of Offences
- Summary
- Magistrates Court
- Max fine of £5,000
- Custodial Sentence: 6 months max.
- Custodial sentence: Twelve months for two+ TEW offences
- Higher Conviction Rate (only 20%)
- Legal funding less likely in the magistrates court
- Magistrates may send it to crown anyway because of lack of power
- Common Assault, No driving licence
- Magistrates Court
- Triable either way
- Magistrates/ Crown
- Theft/Assult with ABH
- Plea before Venue - Asked if guilty or not
- Guilty: Sentencd in the magistrates court.
- Not guilty: Do magistrates accept juristrction?
- Yes: Defendant gets the choice
- No: Goes to crown court
- Indictable
- Crown Court
- Aquittal rate much higher in crown court (over 50%)
- More likely to recieve legal funding for your case
- Time in custody is taken away from your custodial sentence
- Very slow process, magistrates is much faster
- More publicity because the press think the crime is very serious
- More daunting than Magistrate courts. Very formal and scary
- Murder, ****
- Crown Court
- Summary
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