Mindmap
Allocation - Adults

Mind map: allocation of adults in criminal courts
Inhalt der Mindmap
Allocation - Adults
Indictable only
summary only
triable either way
- plea?
- guilty
- sentencing powers great enough?
- if yes - sentence
- if no - sent to CC
- 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
- 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
- the defendant can choose
- prosecution address the bench
- guilty
- plea?
Criminal damage
- less than £5k - summary only
- more than £5K EW
- Market value at time not consequential loss
Crown court
- greater chance of aquittal
- More time to prepare
- better proce for challenging admissibility
applies
- over 18
- EW offence
- NG plea
Informationen
- Beschreibung
- Criminal Litigation Mindmap am Allocation - Adults, erstellt von hargreas am 03/03/2014.
- Erstellt von
- hargreas
- Aufrufe
- 52
- Tags
- Bewertung