Triable-either-way

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Having trial at Magistrates Advantages:

  • It's faster to get a trial at Magistrates- it takes about 6 weeks for a trial to get to court but at Crown court it can take up to 6 months to a year.
  • Lower Penalties- the maximum prison sentence they can give is 6 months, which is lower than Crown Court.
  • Less Publicity- your trial is less likely to get media coverage.
  • Cheaper if you cannot get legal funding- you don't have to have legal representation at Magistrates, you can represent yourself.
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Having trial at Magistrates Disadvantages

  • You are more likely to be convicted- conviction rate is higher at the Magistrates than Crown Court- 60% convicted. This is due to the Magistrates being prosecutiuon bias.
  • You may still be sent to Crown Court for sentencing if they believe they don't have enough power to give you the correct sentence.
  • You may have to represent yourself- you may be at a disadvantage since you may not know the ins and outs of the law or the crime you have committed.
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Having trial at Crown Court Advantages

  • More likely to be acquitted at Crown Court- 15% of people are acquitted.
  • You serve more of your prison sentence on remand- say if you serve half your sentence on remand, the judge may say you have served and that you are free to go.
  • You have better legal prepresentation than Magistrates- you have to have a barrister.
  • You are more likely to be able to get legal aid- if you can't afford it you are more likely to get help too.
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Having trial at Crown Court Disadvantages

  • You have a long wait for trial- you may wait up to 6 months to a year.
  • There are higher costs- since you need representation via a Barrister in court, you will have to pay out more money.
  • Publicity- you may have more media coverage of your trial at court e.g. the local paper/news.
  • Greater sentences- you may have harsher sentences.
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