sebek369
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#1
Report Thread starter 6 years ago
#1
Can anyone help me answer this question?

An either-way offence, such as Actual Bodily Harm (ABH), can be tried either in theMagistrates Court or in the Crown Court. Describe the role of lay magistrates whendealing with an either-way offence.

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Mark scheme:


Description of role of lay magistrates in either way cases:

 pre-trial – plea before venue process, power to commit (send) for trial to the CrownCourt, pre-trial review if offence to be tried summarily, sentence or commit for sentencefollowing guilty plea, bail or custody if case is adjourned for any reason, decision onfunding.

 trial as summary offence – hearing evidence as bench of three, deciding guilt/innocenceas unanimous/majority decision.

 post-trial – deciding sentence with reference to maximum sentencing powers;committing case to Crown Court for sentence if their powers are insufficient.

Note: for Sound (A) – all three points to be described.
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