Allocation - Adults

Indictable only
summary only
triable either way
1. plea?
  1. guilty
    1. sentencing powers great enough?
      1. if yes - sentence
      2. if no - sent to CC
  2. not guilty
    1. prosecution address the bench
      1. can be one magistrate, usually two
      2. 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
Criminal damage
1. less than £5k - summary only
2. more than £5K EW
3. Market value at time not consequential loss
Crown court
1. greater chance of aquittal
2. More time to prepare
3. better proce for challenging admissibility
applies
1. over 18
2. EW offence
3. NG plea

Resource summary

	Created by hargreas over 10 years ago