Would This Be Tried In Magistrates Or Crown?

[GodHatesUs]

Hi there.

Recently reported my ex-boyfriend for domestic abuse. He had multiple personalities that repeatedly choked me almost to the point of unconsciousness. He told me many times that he was going to kill me. He abused my pets too. This went on over 2 years. He denied everything so they're going to have to take it further. I have 5 friends who witnessed a particular incident and the PC hopes to speak to them all. One has already made a statement. I know one doesn't remember much. Another says he's willing to make a statement and the other has been friends with the defendant since aged 3 so I don't think he'll back me up.

I'm hoping that the CPS decide to prosecute. I only have 1 witness statement at the minute and hopefully I will have one more. If they don't decide to prosecute I will be devastated. But I know ABH (which is going to be the most likely charge) is triable either way dependant on severity... Just wondering where this will be tried?

Cheers

[New Judge]

You are correct in that ABH (if that is the charge) is an “either-way” offence. If he pleads not guilty or withholds his plea at his first appearance the magistrates will undertake an “allocation” exercise to determine where the matter should be heard (this was, until recently, known as the “Mode of Trial“ exercise). Page 201 of this document (Magistrates’ sentencing guidelines) gives some idea of the factors to be considered when making this decision:

http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_Update9_October_2012.pdf

It is difficult to say from your description of events what the decision of the bench will be. But the sustained nature of his behaviour and the domestic background will certainly aggravate the offence considerably. Essentially the Magistrates will need to decide whether the offence, if proved, warrants a sentence beyond their powers (six months custody).

Bear in mind that even if the Magistrates decide to retain jurisdiction your ex has the right to elect a Crown Court trial (but note that he has no right to demand a trial in the Magistrates’ Court if a Crown Court trial is ordered).