Criminal Advocacy Other

Question 1

What’s the sentencing powers of Magistrates Court?

Answer 1

Magistrates Court is restricted to 6 months imprisonment for a single offence, or 12 months imprisonment for two or more either way offences.

Question 1

For confessions under PACE, if the D. is pushed to proceed without representation, or the cops said this evidence is so strong we can convict you on this alone, then what?

Answer 1

It can be excluded for something said or done likely to render a confession unreliable.

Question 2

What’s the test for the Court to have broad discretion to exclude any evidence?

Answer 2

If the evidence would have an adverse effect on the fairness of the proceedings. - PACE.

Question 3

Why should the magistrates court retain jurisdiction in this case?

Answer 3

• Not complex case.
• 6 months for single offense or 12 months for two either way offenses.

-> begin to go through sentencing guidelines and submit why it would be under this based on the facts.