Essay
1E
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- Institution
Part of the Unit 1 Assignment 1 for BTEC Law
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Task 1EFirst of all Steve’s case would start at a magistrate’s court as most of all criminal and because it is a either way
offence it can be dealt with straight at the magistrate’s court or from there if not dealt with it could possibly go to
the crown court to be disputed if it is not settled in this court. The best option would to deal with it in the
magistrate’s court as it wouldn’t have a trial and you could deal with it quickly although if you feel you got an unfair
judgement and want to appeal you would have to take it to a crown court and have a trial but if you still get found
guilty here the sentence will be a lot tougher sentence so the best route would be to stick with the magistrate’s
court.
Jonathan should take his case to the high court as it is too big of a case to take up in a county court although he
could just settle the case directly with his rival. If his rival wants to take it to court however after this it could end up
costing a high amount of money as he would be aiming to get the £250,000 but he could also negotiate as it could
avoid a trial and be very beneficial for Johnathan. If the rival declines his proposal ha should go to the high court and
if he has a good amount of evidence he should comfortably win the £250,000
Bills case should be heard in a magistrate’s court as he is unable to request a trial in crown court. Bill will be asked to
enter a plea and if he pleads guilty the will be set either in the magistrates court or the crown court but if he pleads
not guilty the prosecution and the defence will have to present sufficient evidence to the court before they make
their decision. The sentence can be anything from community service to even in rare cases jail time. From here if Bill
wants to appeal he can go directly to the crown court to do so.
Rachel would have to go to crown court but it is pretty likely that the council will settle that case and pay her the
wages that she would’ve earned to avoid paying the court costs although if she still took the case to court she would
most likely be looking to get compensation as it is a small claim.
When Imelda goes to the crown court she will first be asked to either plead guilty or innocent, if she pleads guilty she
will be sentenced but if she pleads innocent the trial will go on. If she pleads guilty the penalty will not be as big if
she pleads innocent and get found guilty. After all evidence has been presented the jury will reach a verdict in a
process that can last a minimum of two hours and once the majority agrees on what happens they will tell the court
and from there they will tell Imelda if she has been found guilty or not. If not guilty she can leave without any
charges but if found guilty she could well face jail time.
Author: Kieran Locker on 24/09/2015 11:03 Last Saved: 30/09/2016 11:50 Last Printed: 9/30/2016 11:50 AM
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