Criminal Litigation SGS5: PBV, Allocation and Sending to the Crown Court Assessment Questions And Answers Guaranteed Pass.
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What are some examples of indictable-only offences? - correct answer Robbery, rape, GBH wounding with intent
What are some examples of either-way offences - correct answer Burglary, theft, fraud, GBH/wounding, ABH, sexual ...
Criminal Litigation SGS5: PBV,
Allocation and Sending to the Crown
Court
What are some examples of indictable-only offences? - correct answer Robbery,
rape, GBH wounding with intent
What are some examples of either-way offences - correct answer Burglary, theft,
fraud, GBH/wounding, ABH, sexual assault, possession with intent to supply Class A/B drugs, possession
of Class A/B drugs, criminal damage over £5000
What are some example of summary offences? - correct answer Common assault,
criminal damage under £5000
What is the maximum sentence the magistrates can give for one offence? - correct answer
6 months
What is the maximum sentence magistrates can give for offences that are all summary or include only
one either-way offence? - correct answer 6 months
What is the maximum sentence the magistrates can give for at least two either-way offences? - correct
answer 12 months
When will Defendants appear in the dock at the same time? - correct answer If they
face either a joint charge or related charges
Can the magistrates ask a Defendant to formally enter or indicate a plea for an indictable-only offence? -
correct answer No
What is the procedure where only summary offences are charged? - correct answer
Defendant will be asked to plead to charges, if pleas are all G then court will sentence, if NG then court
, will adjourn for trial, if a mixture of G and NG, G pleas will be adjourned for sentence until conclusion of
the trial
What does S51 Crime and Disorder Act 1998 state about allocation? - correct answer
Any Defendant charged with an indictable-only offence is sent to the Crown Court forthwith for that
offence, he is also sent up for any related either-way offence, he is also sent up for any summary offence
related to either of the above provided it is capable of attracting a custodial sentence or disqualification
from driving
What does S51 CDA say about Defendants jointly charged? - correct answer If D is
sent up for an either-way offence, any D jointly charged with that offence must be sent up for that
offence and for any other either-way offence related to it and for any summary offence related to either
of the above provided it is capable of attracting a custodial sentence or disqualification from driving
What is plea before venue? - correct answer An indication of how a Defendant
intends to plead
What is committal for sentence? - correct answer The act of sending the Defendant
to the Crown Court for sentence after conviction by the magistrates
What happens in an allocation hearing in the magistrates' court? - correct answer
The magistrates invite representations from both sides as to whether or not they should accept
jurisdiction. If they decide it's too serious, they will send him for trial under S51 (without taking formal
pleas). If they accept jurisdiction, D can be tried in either MC or CC. If D indicates he wishes to be tried
by magistrates, he will be asked to enter formal pleas of NG and case will be adjourned for trial. If he
elects CC trial, the trail will be sent to CC without formal pleas being taken
Can a Defendant ask magistrates whether a custodial or non-custodial sentence is more likely before
deciding which court to be tried in if he changed his indication of plea to guilty? - correct answer
Yes - but the magistrates are not obliged to give an indication
What are the related summary offences? - correct answer Common assault, TWOC,
driving whilst disqualified, criminal damage under £5000, assaulting a prison officer or secure training
centre officer
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