Food & Drink0 min ago
what are the basic percentages... (regarding "what court...")
of someone staying in the magistrates court after being convicted of carrying a knife? what if they had no previous convictions? what if they pleaded guilty?
and may someone also tell me the basic pecentages of someone having a custodial sentence, a fine, or a community punishment?
and may someone also tell me the basic pecentages of someone having a custodial sentence, a fine, or a community punishment?
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The decision on whether to send the case to the Crown Court for either trial or sentencing is not based on percentages.
Magistrates use what are known as �Mode of Trial� guidelines to make the decision. Each offence which can be sent to the Crown Court has a list of features where, if present, the case is deemed suitable for the Crown Court rather than the lower Court.
When considering �possession a bladed instrument� among the features which can make the matter more serious are:
- Whether actual use of the weapon was planned
- The type of weapon
- The location where the offence took place
- Whether people were put in fear
(This list is by no means exhaustive).
The defendant�s previous record has no bearing on the decision (indeed, magistrates would not even hear about it before this decision is taken). Similarly the defendant�s plea has no bearing on the matter.
If the matter is retained in the magistrates� court Magistrates� sentencing guidelines show a �starting point� of custody for a first time offender pleading not guilty. Aggravating of mitigating features of both the offence and about the offender will influence this decision.
Magistrates use what are known as �Mode of Trial� guidelines to make the decision. Each offence which can be sent to the Crown Court has a list of features where, if present, the case is deemed suitable for the Crown Court rather than the lower Court.
When considering �possession a bladed instrument� among the features which can make the matter more serious are:
- Whether actual use of the weapon was planned
- The type of weapon
- The location where the offence took place
- Whether people were put in fear
(This list is by no means exhaustive).
The defendant�s previous record has no bearing on the decision (indeed, magistrates would not even hear about it before this decision is taken). Similarly the defendant�s plea has no bearing on the matter.
If the matter is retained in the magistrates� court Magistrates� sentencing guidelines show a �starting point� of custody for a first time offender pleading not guilty. Aggravating of mitigating features of both the offence and about the offender will influence this decision.
The type and size of bladed instrument i.e. lock-knife with over 3inch blade has a great bearing as to whether Magistrates retain the case in their court or send it up.
These days suspended prison sentences with community order with maybe unpaid work are used quite a lot, Magistrates guidelines are just that, a guideline. Some people can quote chapter and verse of the guidelines but magistrates do not always stick rigidly by them.
These days suspended prison sentences with community order with maybe unpaid work are used quite a lot, Magistrates guidelines are just that, a guideline. Some people can quote chapter and verse of the guidelines but magistrates do not always stick rigidly by them.
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