598235
Allocation - Adults
- Indictable only
- summary only
- triable either way
- plea?
- guilty
- sentencing powers great enough?
- if yes - sentence
- if no - sent to CC
- if yes - sentence
- sentencing powers great enough?
- not guilty
- prosecution
address the
bench
- can be one
magistrate, usually
two
- suitable for summary?
- sentencing powers
- prosecution submissions
- defence submissions
- sentencing guidelines
- SGC
allocation
guideline
- yes
- the
defendant
can choose
- must be told can still be
sent up for sentencing
- case
appears
suitable for
summary
trial
- indication of sentence
- D must ask
- Mags do not have to give
- If given the D can
choose to enter a
plea
- If enters G then the magistrates
cannot give a custodial sentence
unless they indicated that they would
- If no G plea then Mags are
not bound by the indication
- If enters G then the magistrates
cannot give a custodial sentence
unless they indicated that they would
- D must ask
- P can make a rep if they think the
mags do not have sufficient
sentencing power
- Can choose to be tried by a jury - case sent up to CC
- Magistrates court
- less time, less stress
- Prosecution & D costs less
- no obligation to serve D statement
- less time, less stress
- must be told can still be
sent up for sentencing
- the
defendant
can choose
- sentencing powers
- can be one
magistrate, usually
two
- prosecution
address the
bench
- guilty
- plea?
- Criminal damage
- less than £5k - summary only
- more than £5K EW
- Market value at time not consequential loss
- less than £5k - summary only
- Crown court
- greater chance of aquittal
- More time to prepare
- better proce for
challenging
admissibility
- greater chance of aquittal
- applies
- over 18
- EW offence
- NG plea
- over 18
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