Please can anyone who has done/is currently doing the AQA LAW01 paper please help me with how you'd answer this question?!
An either-way offence, such as Actual Bodily Harm (ABH), can be tried either in the Magistrates Court or in the Crown Court. Describe the role of lay magistrates when dealing with an either-way offence. (10 marks)
Need law01 help watch
- Thread Starter
- 02-04-2016 19:40
- 02-04-2016 19:52
I do BTEC Law, so I'll throw in what I know.
In some triable either way offenses, the magistrates have the option of dealing with it themselves, or sending it to the Crown Courts. They deal with all criminal offenses; it's just with the indictable and some triable either way that they send up. The Magistrates are expected to use their judgement in whether they think the defendant will get longer than the max sentence they can give (6 months). If the case is serious enough, then it gets sent up. Of course, you've got the initial procedure before it's sent up where the defendant confirms their name and all that stuff.