Allocation

Question 1

If a case is an either-way case, who decides where it is held?

Answer 1

• Magistrate’s court can accept/decline jurisdiction
• Defendant can elect for Crown Court

Question 2

Summary only

• What sentences are available if D enters a guilty plea?

Answer 2

Court will sentence
- fine
- 6 months in prison

Question 3

Where there is a pre-trial hearing, for how long is the ruling binding?

Answer 3

until case is disposed of by:
- Conviction or acquittal of the defendant
- Prosecution decides not to proceed
- Dismissal of the case

Question 4

Must a guilty plea be unequivicable?

Answer 4

Yes - no “guilty but I…”

Question 5

What is the longest sentence a Magistrate’s court can give for an either-way offence?

Answer 5

12 months (only if 2 or more either way offences - otherwise 6 months)

Question 6

Either-way

When can the defendant be committed to the crown court for sentencing?

Answer 6

• sentence exceeds its maximum
• sentence should be of a type the magistrate’s court cannot pass.

Question 7

What classification is a murder or manslaughter offence?

Answer 7

Indictable only

Question 8

What classification is a assault and battery offence?

Answer 8

Summary only

Question 9

What classification is ABH

Answer 9

Either way

Question 10

What classification is GBH

Answer 10

Either way

Question 11

What classification is Malicious wounding / causing GBH?

Answer 11

Indictable only

Question 12

What classification is theft

Answer 12

Either way (Low value shoplifting under £200 in total is summarily only although can elect for jury trial at crown court)

Question 13

What classification is robbery?

Answer 13

Indictable only

Question 14

What classification is burglary?

Answer 14

Either way

Except indictable only where:

• ulterior offence is indictable only, or
• In a dwelling and any person in the dwelling was subject to violence or threat of violence, or:
• over 18 and this is third separate CONVICTION for burglary of a dwelling.

Question 15

Aggregated burglary

Answer 15

Indictable only

Question 16

What classification is fraud?

Answer 16

Either way

Question 17

What classification is Simple criminal damage?

Answer 17

Either way

Except low value £5,000 or less - summary only (accused CANNOT elect for CC and just be tried summarily.

Question 18

What classification is aggravated criminal damage?

Answer 18

Indictable only