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Introduction to criminal litigation

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Introduction to criminal litigation 2022

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June 15, 2022
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Written in
2021/2022
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Summary: Magistrates’ court only
• Plea entered at first hearing
• Trial: Can only occur in MAGS
• Sentencing: Only in MAGS
• Common assault, criminal damage BELOW £5000

Either-way: Magistrates’ or Crown Court
• Plea: First hearing in MAGS, then court decides appropriate venue
• Trial: MAGS or CROWN depending on plea stage
• Sentence: If MAGS, then sentence there, if insufficient, CROWN will sentence
• Theft, burglary, sexual assault, ABH, wounding/GBH, Class A or B drugs possession,
possession with intent, criminal damage ABOVE £5000

Indictable only: Crown Court only
• Plea: Entered at CROWN, even though first hearing is in MAGS, CROWN enters
plea because MC is incapable of taking plea
• Sentencing: Only in CROWN
• Robbery, rape, wounding/GBH with intent

How to determine class?
• Depends on whether summary, either-way or indictable
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