Section 20 with 1 witness

[Mike25]

For the guys and gals that have commented on my case here is an update...
I went to the preliminary hearing in magistrate court on Friday, I pleaded not guilty (of course) and I was given the choice to have my hearing before a judge (magistrate) or jury (crown) and I chose judge as directed by my solicitor.
The magistrate court i was in was full to the brim, not even a place to have a seat! I would like to known that when I have my plea hearing will i get the court room to myself and others involved in the case or can anyone sit about waiting for their turn?

[sara3]

the public gallery is just that.. you won't necessarily get the court room to yourself for your trial.

you may be surprised how many people wander in and out!

[Mike25]

Am I right in thinking because its magistrate court then worse case scenario is 6 months custodial sentence therefore out in 3 months with good behaviour?
I do think It will be thrown out of court on lack of evidence but i want to cover all bases.

[Mike25]

Just one other question, i already know the answer too but want it confirmed. If i was found guilty who pays all the legal costs etc? Would i pay all or a fraction? Anyone know the estimated cost?

[New Judge]

Before they gave you the choice of venue for your trial the Magistrates would have heard an outline of the offence from the prosecution and decided, from that description, that the case was suitable for trial in the Magistrates' court.

The current maximum sentence that can be imposed by Magistrates is indeed 6 months,However, if you are found guilty following your trial, for "Either Way" offences (of which this is one) you can be sent to Crown Court for sentencing if, after hearing the full details of the offence during the trial, the Magistrates think their powers of punishment are insufficient.

If you are convicted you will be liable to pay a contribution towards prosecution costs and this will be in the region of £500-£700.

[Mike25]

Thanks New Judge, you put my mind at ease and are doing a good job advising people on here with helpful answers.

[Blue83]

Alright pal...my bro went through a similar thing. He was in a pub were a local idiot was drunk and looking for trouble and got filled in and one of the barmaids for reasons I will never understand said my bro kicked this guy in the face. We went through 9 months of hell over this, magistrates, ID parades, police knocking around at my parents accusing him of intimidating the witness, 3 day trial in crown court...the works!!! However, we all knew he didn't do it and the jury cleared him in according to our solicitor a "record time" of 30mins. The thing was a joke and must have costs thousands of £££'s...so I would try not worry because if you are adamant you are innocent the jury should see this. One of the most distressing aspects of my bro's case was the POLICE...particuarly the detective in charge who made my bro's and my parents life hell. Knocking around every other week accusing him of things, not turning up for the ID parade as arranged and then knocking at the house saying my bro is breaking his bail conditons!!! The whole thing was a disgrace and I now have ZERO RESPECT for the police. Justice prevailed however and the detective got made to look very silly by our solicitor in court. All I can say is good luck and hopefully if you are telling the truth you will be cleared.