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xxlivvs
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#1
Report Thread starter 4 years ago
#1
Hello, I was wondering if someone could please clarify.

If someone is being tried for attempted murder, the case firsts starts in the Magistrates' Court and then is transferred to the Crown Court? Who is it that decides the person is to be tried for this offence and with what procedure?

Many thanks!!
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999tigger
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#2
Report 4 years ago
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Whatever the statute says about the type of crime it is. Summary offences tried in Magistrates, triable either way, defendant gets to decide between Magistrates and Crown or Indictable= Crown only.


Process for Indictable only to Crown

Sending Defendants Charged With Indictable Only Cases to the Crown Court
From 15 January 2001, committal proceedings for indictable only offences were abolished and new provisions contained in Sections 51, 52 and Schedule 3 of the Crime and Disorder Act 1998 were introduced (Archbold, 1-14)

Defendants charged with an indictable only offence and appearing before a magistrates' court for the first time on or after this date should be sent "forthwith" to the Crown Court.

There is currently no provision for sending defendants to the Crown Court in their absence.

At the hearing, the magistrates will consider whether the defendant should be granted bail.

Either-way and summary only offences charged against the defendant should be sent to the Crown Court with the indictable only offence provided they fulfill the 'requisite conditions' refer to Linking Either Way & Summary Offences, below in this section.

Where a defendant, who has been sent for trial on an indictable only offence, appears at the magistrates' court subsequently charged with an either way or summary offence which fulfils the requisite conditions, the court may send him forthwith to the Crown Court for those offences. If the court decide not to send the defendant to the Crown Court, plea before venue and mode of trial should follow as normal (Section 51(2) of the Crime and Disorder Act 1998).
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LawStudent06
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#3
Report 4 years ago
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The CPS decides whether there is enough evidence to charge. They must decide if there is enough evidence to provide a realistic prospect of conviction and whether it is in the public interest to pursue a conviction (the Code for Prosecutors sets this out, it is called the threshold test).

As attempted murder is an indictable only offence it will be sent to the crown court. There will be an allocation hearing to confirm this. From then it is taken to the crown court for trial and sentencing if there is a guilty verdict.
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username3451736
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#4
Report 10 months ago
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(Original post by LawStudent06)
The CPS decides whether there is enough evidence to charge. They must decide if there is enough evidence to provide a realistic prospect of conviction and whether it is in the public interest to pursue a conviction (the Code for Prosecutors sets this out, it is called the threshold test).

As attempted murder is an indictable only offence it will be sent to the crown court. There will be an allocation hearing to confirm this. From then it is taken to the crown court for trial and sentencing if there is a guilty verdict.
That’s the full code test. The threshold test is where you cannot meet the FC test but will likely be able to do so after further investigations have been carried out.
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username3451736
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Report 10 months ago
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The police are responsible for arrest and investigation

They then pass the file to the CPS for a charging decision (you can find the prosecution guidance on the CPS website to see the criteria)

The person would initially appear in the mags as all cases do. It would then be sent to the crown court as the mags don’t have the sentencing power to deal with an offence that serious- it is indictable. (Not summary- mags)

You can also look at the sentencing guidelines on the sentencing council website for info on sentencing
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username3451736
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#6
Report 10 months ago
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The police are responsible for arrest and investigation

They then pass the file to the CPS for a charging decision (you can find the prosecution guidance on the CPS website to see the criteria)

The person would initially appear in the mags as all cases do. It would then be sent to the crown court as the mags don’t have the sentencing power to deal with an offence that serious- it is indictable. (Not summary- mags)

You can also look at the sentencing guidelines on the sentencing council website for info on sentencing

What this question is getting at is that this charge can be difficult to prove as it is inchoate. So look at the full code test a crown prosecutor would apply and the case law
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