classification of offences
- 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).
- Triable-either way offences - tried in either Mags' or Crown Court. depends on seriousness of facts. (s.47 and s.20)
- 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
- 3 Lay Magistrates will decide if guilty or not guilty.
- 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
- Have a right to a fair trial
- Summary offences - less serious offences tried in the Mags'. Max. sentence 6 months (assault and battery)
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