separate judgements?

[rockyblue]

Can a magistrate agree to prosecute for one offence (as admitted) and 'bind over' for another (denied) in the same hearing?

[fredpuli47]

Nobody seems to want to answer this ! I really cannot see why not, unless the first was,in fact, contested and you have the case where both charges are so intimately linked, or one is the alternative to the other, so that binding over in one is taken as a premature judgment on the other. In practice, it's not unknown for a court to dispose of matters in this way, where appropriate. You could have a situation where the two matters are before the court and one cries out for a bind over.

[mootpoint1891]

I think this is the correct answer fredpuli, however I would have thought that a 'guilty' plea to one offence would lead to an automatic presumption of guilt to another alleged offence in the same incident and prosecution would continue dependent upon how serious offences are and magistrate or judges opinion, since it is a magistrate or judge who will agree to a 'bind over' not the prosecution? I cannot see how a court would impose say a 'fine' for one offence (guilty plea) and then a 'bind over' for another offence (not guilty plea) in the same hearing, I would have thought it was either/or, all or nothing scenario and always dependent upon how serious case is? Confusing to say the least?