The allocation procedure for 'either way' offences Flashcards
1
Q
Where is the first hearing
A
The Magistrates Court
2
Q
What plea does Barry give
A
he please not guilty
3
Q
What happens if the plea is not guilty
A
a. Magistrates will discuss whether the trial will take place in magistrates or crown court
4
Q
What is the Key Test
A
This is where D’s previous convictions are outlined and the case facts
5
Q
Where can the trial go in this case
A
It can go to either the crown court or magistrates however maximum sentence for Affray 3 years and magistrates only have 6 months
Depend on the seriousness
