ChatterBank0 min ago
help
23 Answers
hi. my son is on in court soon for carrying ornamental knives,that he bought, but got stopped by police and had them in bag, he didnt intend using them but is now in crown court, can you help with how things will go for him, im really worried, thank you
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The offence carries a maximum of four years imprisonment. Magistrates dealing with a defendant pleading guilty can send him to Crown Court for sentencing if they believe their powers (maximum 6 months) are insufficient.
Their sentencing guidelines suggest they should not consider sending the matter to the Crown Court unless, at the very least:
“Weapon not used to threaten or cause fear but offence committed in dangerous circumstances”
and more likely:
“Weapon used to threaten or cause fear and offence committed in dangerous circumstances”
Is there something you are not telling us?
Their sentencing guidelines suggest they should not consider sending the matter to the Crown Court unless, at the very least:
“Weapon not used to threaten or cause fear but offence committed in dangerous circumstances”
and more likely:
“Weapon used to threaten or cause fear and offence committed in dangerous circumstances”
Is there something you are not telling us?
HI worriedsick
I have to agree with the previous poster as there simply has to be more to this case.
Of course it may be that your son is not telling you the full facts for whatever reason but do you have the 'Charge Sheet' from the police as that will summarise the particulars of the offence.
It may help is you disclose your son's age and whether he has previous convictions
I have to agree with the previous poster as there simply has to be more to this case.
Of course it may be that your son is not telling you the full facts for whatever reason but do you have the 'Charge Sheet' from the police as that will summarise the particulars of the offence.
It may help is you disclose your son's age and whether he has previous convictions
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Unless he has negotiated a “basis of plea”, when a defendant pleads guilty he accepts the prosecution’s version of events in full taken at its highest. No witnesses are called, no evidence is produced. There is no need. Evidence is only produced and witnesses called if the defendant pleads not guilty (when a trial to establish his guilt or innocence will be held) or if he disputes crucial elements of the prosecution’s case (when a “Newton Hearing” will be heard to establish the facts). Neither of these hearings will be heard immediately a plea is entered. This is to give both sides the chance to prepare their cases.
If the allegations of threats were made by the security guard and put into his statement, those allegations will form part of the prosecution’s case, and part of the information put before the magistrates when they make their decision on sentencing.
I cannot see any justification for the magistrates sending your son to court unless such aggravating features were present. See page 33 of the magistrates sentencing guidelines here:
http://www.sentencing...pdate_1__2__3_web.pdf
I don’t think there is much more I can usefully add.
If the allegations of threats were made by the security guard and put into his statement, those allegations will form part of the prosecution’s case, and part of the information put before the magistrates when they make their decision on sentencing.
I cannot see any justification for the magistrates sending your son to court unless such aggravating features were present. See page 33 of the magistrates sentencing guidelines here:
http://www.sentencing...pdate_1__2__3_web.pdf
I don’t think there is much more I can usefully add.
