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Exam (elaborations)

NCTJ Court Reporting Latest Update with Certified Solutions

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NCTJ Court Reporting Latest Update with Certified Solutions Three types of criminal case Summary, either way and indictable-only Summary case A minor offence dealt within the Magistrates' Court. No right to a jury trial. Either-way Depending on severity, an offence that can be dealt with in either Magistrates' Court or Crown Court. Defendant can choose trial by Crown Court Indictable-only The most severe crimes. Processed at Magistrates' Court, but not dealt with there. Must be tried in the Crown Court, e.g. murder, manslaughter, rap etc. Theft Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it. (Theft Act 1968). Either-way. Taking a vehicle without consent (TWOC-ing) Covers conduct known as 'joy-riding' in which offenders abandon a car after using it. Does not involve intention to permanently deprive - so is not theft. Summary offence Handling Dishonestly receiving goods, knowing or believing them to be stolen, or dishonestly helping in the retention, removal or sale of such goods. Either-way. Burglary Entering a building as a trespasser and then: stealing or attempting to steal from its pr inflicting or attempting to inflict grievous bodily harm to anyone in it. Either-way generally, but can be indictable-only. Aggravated burglary Burglary while armed with a firearm, imitation firearm, or any other weapon or explosive. Indictable-only. Robbery Theft by force or by threat of force (indictable only) Blackmail Making an unwarranted demand with menaces with a view to gain, e.g. a threat to disclose embarrassing secrets involving victim unless money is paid. Indictable only. Fraud General offences, defined as conduct 'with a view to gain or with intent to cause loss or expose to a risk of loss'. Statutory fraud offences are either-way but if deemed of sufficient severity, then indictable-only. Wasting police time An offence committed by someone who causes wasteful employment of the police by making a false report about an offence. Perverting the course of justice Concealing evidence or giving false information to police. Indictable only. Perjury Knowingly giving false evidence after taking an oath as a witness to tell the truth in court, or to a tribunal. Indictable only Murder The intentional killing of a human being with the intention of killing or causing grievous bodily harm. Manslaughter Killing by an unlawful act of killing likely to cause bodily harm but without the intention to kill or cause grievous bodily harm. Driving with excess alcohol When alcohol in the driver's body exceeds prescribed limits - 80 milligrams of alcohol in 100 milligrams of blood. Court bail The opposite of 'remand' in custody- preserves Liberty until next hearing. Conditions of court bail

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