Allocation Flashcards
If a case is an either-way case, who decides where it is held?
- Magistrate’s court can accept/decline jurisdiction
- Defendant can elect for Crown Court
Summary only
- What sentences are available if D enters a guilty plea?
Court will sentence
- fine
- 6 months in prison
Where there is a pre-trial hearing, for how long is the ruling binding?
until case is disposed of by:
- Conviction or acquittal of the defendant
- Prosecution decides not to proceed
- Dismissal of the case
Must a guilty plea be unequivicable?
Yes - no “guilty but I…”
What is the longest sentence a Magistrate’s court can give for an either-way offence?
12 months (only if 2 or more either way offences - otherwise 6 months)
Either-way
When can the defendant be committed to the crown court for sentencing?
- sentence exceeds its maximum
- sentence should be of a type the magistrate’s court cannot pass.
What classification is a murder or manslaughter offence?
Indictable only
What classification is a assault and battery offence?
Summary only
What classification is ABH
Either way
What classification is GBH
Either way
What classification is Malicious wounding / causing GBH?
Indictable only
What classification is theft
Either way (Low value shoplifting under £200 in total is summarily only although can elect for jury trial at crown court)
What classification is robbery?
Indictable only
What classification is burglary?
Either way
Except indictable only where:
- ulterior offence is indictable only, or
- In a dwelling and any person in the dwelling was subject to violence or threat of violence, or:
- over 18 and this is third separate CONVICTION for burglary of a dwelling.
Aggregated burglary
Indictable only
