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What court would a person end up in if they had been charged for carrying a knife but had done no harm with it. Would this be a serious offence? Would they go to the magistrates court?
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Having a bladed article in a public place is an 'either way' offence. The matter would first be considered by a magistrates court. In most cases it would be dealt with there. It would only be referred up to the Crown court if:
(a) the defendant pleaded not guilty and elected to be tried by a jury ; or
(b) the magistrates court believed that there were difficult legal issues involved, which required the attention of a judge ; or
(c) the magistrates believed that their sentencing powers were likely to be insufficient to deal with the matter.
The maximum penalty before a magistrates court is 6 months imprisonment. The maximum penalty before a Crown court is 4 years imprisonment.
In practice, first-time offenders might simply receive a police caution. Those who appear before the courts would almost certainly appear solely before a magistrates court and be fined and/or given a community punishment. (e.g. 150 hours unpaid work).
Chris
(a) the defendant pleaded not guilty and elected to be tried by a jury ; or
(b) the magistrates court believed that there were difficult legal issues involved, which required the attention of a judge ; or
(c) the magistrates believed that their sentencing powers were likely to be insufficient to deal with the matter.
The maximum penalty before a magistrates court is 6 months imprisonment. The maximum penalty before a Crown court is 4 years imprisonment.
In practice, first-time offenders might simply receive a police caution. Those who appear before the courts would almost certainly appear solely before a magistrates court and be fined and/or given a community punishment. (e.g. 150 hours unpaid work).
Chris
Condition (b) hardly ever applies. However, I'll try to think of an example which might apply for this type of offence:
The defendant might plead not guilty on the grounds that he wasn't in a public place. The prosecution might argue that they were sure his location met the definition of a public place. At this point, the magistrates would probably seek advice from the clerk of the court regarding the relevant legal definition. If the clerk could only find test cases where the situation was similar but not identical, the magistrates might decide that it required a judge to determine the validity of the law for the particular circumstances referred to in the charge before them. In which case, they'd rule that the matter was beyond their powers and refer the case to the Crown court. (Note that the 'powers', referred to there, relate to the magistrates powers to make decisions about the law. That's completely separate from the situation where they refer a case to the Crown court because of insufficient sentencing powers).
As I've indicated, such a referral to the Crown court would be extremely rare. (Normally, magistrates either know the finer points of the law or they can get the relevant information from their clerk).
Chris
The defendant might plead not guilty on the grounds that he wasn't in a public place. The prosecution might argue that they were sure his location met the definition of a public place. At this point, the magistrates would probably seek advice from the clerk of the court regarding the relevant legal definition. If the clerk could only find test cases where the situation was similar but not identical, the magistrates might decide that it required a judge to determine the validity of the law for the particular circumstances referred to in the charge before them. In which case, they'd rule that the matter was beyond their powers and refer the case to the Crown court. (Note that the 'powers', referred to there, relate to the magistrates powers to make decisions about the law. That's completely separate from the situation where they refer a case to the Crown court because of insufficient sentencing powers).
As I've indicated, such a referral to the Crown court would be extremely rare. (Normally, magistrates either know the finer points of the law or they can get the relevant information from their clerk).
Chris
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