Pre-Trial Matters

>being arrested

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  • 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
    • 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, Rape

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