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Mind map

Allocation - Adults

hargreas Criminal Litigation English

Mind map on allocation of adults in criminal courts: indictable only, summary only, triable either way and Crown court

Mind map: allocation of adults in criminal courts

Map content

Allocation - Adults

  1. Indictable only

  2. summary only

  3. triable either way

    • plea?
      • guilty
        • sentencing powers great enough?
          • if yes - sentence
          • if no - sent to CC
      • 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
  4. Criminal damage

    • less than £5k - summary only
    • more than £5K EW
    • Market value at time not consequential loss
  5. Crown court

    • greater chance of aquittal
    • More time to prepare
    • better proce for challenging admissibility
  6. applies

    • over 18
    • EW offence
    • NG plea

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Description
Criminal Litigation Mind Map on Allocation - Adults, created by hargreas on 03/03/2014.
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hargreas
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