Criminal - Allocation Applications/Submissions

Question 1

What are the grounds that determine that an either-way offence should be sent to the crown court?

Answer 1

1) The outcome would clearly be a sentence in excess of the magistrates sentencing powers (6 month max).

2) There are unusual legal factors, procedural factors, or the facts are complex. This can include where a very large fine is likely.

Question 2

What is the maximum custodial sentence the magistrates could impose?

Answer 2

6 Months.

Question 3

What is the burglary exception?

Answer 3

Burglary is either-way, however it is only triable on indictment if:-

1) Person inside the property is subjected to violence or threat of violence; or

2) Defendant is over 18 and has 2 separate prior burglary convictions.