Offences

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  • Created by: kdixon08
  • Created on: 28-04-14 08:52
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  • Offences
    • Summary Offences
      • Driving without insurance
      • Magistrates' Court
      • Not paying TV licence
    • Indictable
      • Crown Court
      • Murder
      • Rape
    • Triable either way
      • Theft
      • Crown Court or Magistrates' Court
      • ABH
      • Mode of Trial
        • Plea before venue (Criminal Procedure and Investigations Act 1996)
          • Hears defendant's plea to decide where to send for jurisdiction
          • Guilty
            • Immediately proceed towards sentencing
              • Sentence forthwith
              • Order pre-sentence report either later that day or after adjournment
              • Defendant committed to the Crown Court for sentencing
          • Not Guilty
            • Mode of Trial
              • Plea before venue (Criminal Procedure and Investigations Act 1996)
                • Hears defendant's plea to decide where to send for jurisdiction
                • Guilty
                  • Immediately proceed towards sentencing
                    • Sentence forthwith
                    • Order pre-sentence report either later that day or after adjournment
                    • Defendant committed to the Crown Court for sentencing
                • Not Guilty
                • Magistrates decide whether they accept or reject jusrisdiction
                  • Accept
                    • Defendant chooses which court to be held in
                      • Magistrates' Court
                        • Advantages
                          • Case solved quicker
                          • Lower possible sentence
                        • Disadvantages
                          • Less effective legal representation
                          • Greater chance of conviction
                      • Crown Court
                        • Advantages
                          • Better legal representation
                          • Greater chance of acquittal
                          • Time on remand (more privileges) counts as time served
                          • Time in custody counts as part of sentence
                        • Disadvantages
                          • Delays
                          • Higher possible sentence
                          • Judge likely to impose immediate prison sentence
                          • Sentence on average 2 and a half times longer
                  • Rely on their clerk
                  • Any representations by the prosecution or defence
                  • Whether the Magistrates have adequate sentencing powers
                  • Seriousness of the offence
                  • Nature of the case
                  • Reject
                    • Defendant sent to Crown Court
          • Magistrates decide whether they accept or reject jusrisdiction
            • Accept
              • Defendant chooses which court to be held in
                • Magistrates' Court
                  • Advantages
                    • Case solved quicker
                    • Lower possible sentence
                  • Disadvantages
                    • Less effective legal representation
                    • Greater chance of conviction
                • Crown Court
                  • Advantages
                    • Better legal representation
                    • Greater chance of acquittal
                    • Time on remand (more privileges) counts as time served
                    • Time in custody counts as part of sentence
                  • Disadvantages
                    • Delays
                    • Higher possible sentence
                    • Judge likely to impose immediate prison sentence
                    • Sentence on average 2 and a half times longer
            • Rely on their clerk
            • Any representations by the prosecution or defence
            • Whether the Magistrates have adequate sentencing powers
            • Seriousness of the offence
            • Nature of the case
            • Reject
              • Defendant sent to Crown Court

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