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Criminal Courts - Coggle Diagram
Criminal Courts
Magistrates Court
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Deal with the preliminary issues like bail and legal funding, regardless of the type of crime
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Triable either way cases - s.20 GBH, ABH and theft
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If they have plead guilty, they will sentence
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Youth court - 10-17, more in magistrates notes
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Summary Offences
Assault, battery and driving offences
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Guilty Plea, requirement of legal representation, case go ahead and will be sentenced
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Driving offences - first hearing, D can plea guilty by post
Not guilty, tried by 3 magistrates, if guilty then sentenced, if not guilty they will be acquitted
Indictable
Plea and case management hearing, plea is given
Guilty - Pre Sentence Report (PSR), aggravating and mitigating factors, then sentence
Preliminary hearing where the Timetable, disclosure of evidence with prosecution and defence is discussed
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Not guilty - fix a date for trial, timetable for the case, directions to both sides regarding disclosure of evidence e.g. Liam Allen
GBH s.18, murder, manslaughter and rape
Triable Either Way
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Guilty - magistrates will sentence unless they think their powers are inadequate then they can send the case to the CC
Not guilty - mode of trial hearings decided, where will the case be heard
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Magistrates or Crown
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s.19 Magistrates Court Act 1980 - nature, seriousness, powers
If they decline the case it must be for - complex question, fact of law or breach of trust
D can opt for trial in the MC or the CC but the Mc can still send it to the CC after for sentencing if their powers are not adequate
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