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Law Unit 1 AQA (AS)
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sebek369
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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.
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.
----------------------------------------------------------------------
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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