allocating hearing either way offences.

Question 1

s 19 magistrates court act.
allocation for either way offences.

Answer 1

-outline the facts of the case and any previous convictions.

• procecution makes representations about venue

-defence outlines the case. and representations about venue.

-magistrates max sentence power 6months for one either way offence and max of 12 for 2 or more.

-magistrates review their power if not good enough commit to the cc s.51 crime with disorder act.

defendant has the right to personally elect jury if trial in magistrates court.

Question 2

advantages of trial on indictment.

Answer 2

-take longer more time the the witness to forget

-expert judge who explains reasons.

-high aquital rates.

-less case hardened.

-more time to prepare defence.

Question 3

disadvantages of trial on indictment.

Answer 3

-more press
-more formal
-more stress.
-higher punishment sentences.
-slower .
-cost more

Question 4

advantages of summary trial.

Answer 4

-faster
-less formal
-restricted sentencing powers.
-cost less.
-less press.
-no defence obligation statement.

Question 5

disadvantages of summary trial.

Answer 5

-magistrates only lay people no legal knowledge advised by court clerk.

-higher conviction rates.

-case hardened.

-less time to prep the case.

-can commit to the crown.

Question 6

what are related offences.

Answer 6

these are offences that are made up of similar facts to others eg sexual assault and gbh if they are the same victim. offences that are of similar character.

Question 7

indictable only procedure crown court only offences.

Answer 7

preliminary initial haring the magistrate court

crown court.

s.51 crime with disorder act 1998 case sent to forthwith from magistrate’s court.
Related either way and summary only offences may also be sent to the crown court where a trial is required.
If indictable only offence is dropped to either way crown court performs the allocation hearing.