6-Allocation Flashcards
summary offences include
common assault, battery, drunk and disorderly
either way offences include
ABH, theft
indictable offences include
murder, manslaughter, rape
summary offences procedure
1st hearing in magistrates-quick process
plea
guilty= sentence
not guilty=trial
what is difference with a triable either way procedure
there is a allocation hearing after the plea
where was an allocation hearing defined under
s19 magistrates courts act
what are the outcomes of an allocation hearing
mags believe they have enough sentencing powers so they accept jurisdiction (but D can still choose to have a trial by jury)
if they don’t have sentencing powers they will send to crown court under s51 crime and disorder act
advantages of magistrates trial
quick
cheap
low sentence
less formal and less public
disadvantages of magistrates trial
case hardened
higher conviction rate
no legal knowledge
less time to prepare defence
advantages of trial on indictment (crown court)
Higher acquittal rates
Juries less ‘case hardened’
Voir dire procedures (removal of jury for evidential issues)
Expert judge gives reasoned direction on law
Longer time for defence to prepare
disadvantages of trial on indictment (crown court)
Slower / more stressful / more formal
More expensive – (and prosecution costs if convicted even if publically funded)
Duty of defence disclosure
Higher powers of punishment
what are related offences
“founded on the same facts or form or are part of a series of offences of the same or a similar character”
for example robbing a place and attacking someone at same time.
what act is allocation hearing rules seen in
s19 Of the magistrates court act
