In the UK there are 3 types of criminal offences; indictable, triable either way
and summary. The indictable offence is the most serious type of offence and
includes murder, manslaughter, and rape. The trial will always be held at the
crown court, after preliminary hearing in the magistrates. Triable either way
offences are in the mid-range offences such as ABH, theft and criminal damage.
It depends on the seriousness of the crime and can be tied with either the
crown court or the magistrates. A summary offence is the least serious type of
offence and will always be held at the magistrates. They are crimes such as
assault or monitoring offences. The allocation decision is the way they used to
dictate whether which case goes to the crown court or the magistrates.
Magistrates must adhere to the council’s allocation guidelines while
considering the facts of each case and any potential legal difficulties when
determining where cases should be heard. Additionally, they must determine
whether, if the offender were to be found guilty in the magistrate’s court, their
sentencing authority would fairly represent the gravity of the situation. For
single offence, the magistrates’ court can only sentence someone to a
maximum of six month in prison.
Pre-Trial
The magistrate’s court adjudicates al pretrial issues. A pretrial review examines
the anticipated evidence and determines whether it is acceptable. The
defendant will also enter a plea (for summary and triable wither way offences).
If the defendant enters a guilty plea, the magistrate with either sentence the
defendant immediately (after taking aggravating and mitigating circumstances
into account) or postpose the case for a later date. For crimes that can be
prosecuted in either court, the crown court will be informed if the magistrate’s
sentence authority exceeds that of the court. The magistrate will decide on the
bail and legal aid, and a trial date will be set, if the defendant enters a not
guilty plea or is being persecuted for an indictable offence. Magistrates are the
ones who deal with all the pre-trial matters because not all of these crimes are
serious enough to go to court, less serious criminal cases. An aggravating
circumstance is something that increases the severity of a crime, such as
breaking into someone’s home while they are sleeping. If you have personal
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