classification of offences

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  • Created by: Leesy123
  • Created on: 13-05-16 11:16
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  • Classification of offences
    • Summary offences - less serious offences tried in the Mags'. Max. sentence 6 months (assault and battery)
      • Triable-either way  offences - tried in either Mags' or Crown Court. depends on seriousness of facts. (s.47 and s.20)
        • Indictable Offences - most serious offence. tried in Crown court. (s.18).
    • Jurisdiction of the Mags' in criminal matters
      • 3 Lay Magistrates will decide if guilty or not guilty.
        • helped by a Legal Clerk. advises the Mags on matters of law
    • jurisdiction of the Crown Court
      • One judge decides the law. he does not decide the facts
      • the jury decide the facts
        • once the jury say 'yes' the judge can impose a criminal sentence.
    • Burden of Proof in criminal offences
      • Have a right to a fair trial
        • innocent until proven guilty
        • state must prove the case against us. burden of proof is on the prosecution. must find the evidence to prove guilt

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