Not so Fun Cup. Idiot decides to drive on to the live track.

Not so Fun Cup. Idiot decides to drive on to the live track.

Author
Discussion

Keithyboy

1,940 posts

270 months

Tuesday 23rd September 2014
quotequote all
Surely the Mags could've heard the case and then sent it up the road for sentencing if they felt their own powers were insufficient given the gravity of the offence? biggrin

Scuffers

20,887 posts

274 months

Tuesday 23rd September 2014
quotequote all
Keithyboy said:
Surely the Mags could've heard the case and then sent it up the road for sentencing if they felt their own powers were insufficient given the gravity of the offence? biggrin
that's not how it works.


Keithyboy

1,940 posts

270 months

Tuesday 23rd September 2014
quotequote all
Scuffers said:
Keithyboy said:
Surely the Mags could've heard the case and then sent it up the road for sentencing if they felt their own powers were insufficient given the gravity of the offence? biggrin
that's not how it works.
Care to expand on that please as a summary offence can be heard in the lower court and sent to a crown court for sentencing . . . I don't have a Stones handy. Is the offence not summary but indictable then? biggrin

Scuffers

20,887 posts

274 months

Tuesday 23rd September 2014
quotequote all
its the same for murder charges, Mags just pass them on after confirming the charge and the accused.

if the charges are likely to result in more than a 6 month sentence etc, the just pass them up.


andy97

4,702 posts

222 months

Tuesday 23rd September 2014
quotequote all
Scuffers said:
Keithyboy said:
Surely the Mags could've heard the case and then sent it up the road for sentencing if they felt their own powers were insufficient given the gravity of the offence? biggrin
that's not how it works.
Yes it is. Magistrates can find guilty and then pass up to Crown Court for sentencing. As confirmed by my Magistrate better half.

Red Devil

13,060 posts

208 months

Tuesday 23rd September 2014
quotequote all
Keithyboy said:
Is the offence not summary but indictable then? biggrin
Public Nuisance is triable either way - http://www.cps.gov.uk/legal/s_to_u/sentencing_manu...

wessexrfc

4,326 posts

186 months

Keithyboy

1,940 posts

270 months

Wednesday 24th September 2014
quotequote all
Thanks Andy - I thought as much wink

andy97 said:
Yes it is. Magistrates can find guilty and then pass up to Crown Court for sentencing. As confirmed by my Magistrate better half.

braddo

10,429 posts

188 months

Wednesday 24th September 2014
quotequote all
If the magistrate could have tried the case and then passed to the next court for sentencing, but didn't, what would be the possible reasons or justifications for referring straight to the higher court?

I presume that as a matter of course, the higher court would not appreciate being given a whole case just because they can impose harsher sentencing than the lower court?

jagracer

8,248 posts

236 months

Wednesday 24th September 2014
quotequote all
braddo said:
If the magistrate could have tried the case and then passed to the next court for sentencing, but didn't, what would be the possible reasons or justifications for referring straight to the higher court?

I presume that as a matter of course, the higher court would not appreciate being given a whole case just because they can impose harsher sentencing than the lower court?
From my limited experience it seems magistrates don't know too much about law (they are generally lay people) and rely on the court clerk for a lot of advice, I repeat "my limited experience". So I doubt It's much to do with sentencing and more that the case would either be too big, complicated or deemed too serious for a magistrates court.

Scuffers

20,887 posts

274 months

Wednesday 24th September 2014
quotequote all
braddo said:
If the magistrate could have tried the case and then passed to the next court for sentencing, but didn't, what would be the possible reasons or justifications for referring straight to the higher court?

I presume that as a matter of course, the higher court would not appreciate being given a whole case just because they can impose harsher sentencing than the lower court?
that's pretty typical for murder charges etc, why waste time going though the detail if your going to have to hand it off anyway?


teamHOLDENracing

5,089 posts

267 months

Wednesday 8th October 2014
quotequote all
So, crown court appearance this Friday 10 October, ironically when we are all off for the last race of the season .... At least he will be too busy too disrupt that too

wessexrfc

4,326 posts

186 months

Wednesday 8th October 2014
quotequote all
Arrrrr, so you got the call as well!! He's in a world of trouble it seems, case of stupid prank gone horribly wrong......YOPO!!!!

jimbobs

432 posts

256 months

Friday 10th October 2014
quotequote all
He's pleaded guilty, but no news on the sentence yet...

http://www.sevenoakschronicle.co.uk/Reckless-drive...

andrewcliffe

952 posts

224 months

Friday 10th October 2014
quotequote all
Judge suggested that he may face a short custodial sentence...

http://www.kentonline.co.uk/tonbridge/news/brands-...

CharlesElliott

1,996 posts

282 months

Friday 10th October 2014
quotequote all
Sentencing adjourned until w/c 17th November.

Graham

16,368 posts

284 months

Friday 10th October 2014
quotequote all
CharlesElliott said:
Sentencing adjourned until w/c 17th November.
man the wheels of justice are slow......no wonder the systems costs so fecking much... whats that 3 court appearances so far and one more to go... and he pleaded guilty... just bang the fecker up...


I wonder if this will open the flood gates of civil actions and compensation claims... from the competitors




LordHaveMurci

12,040 posts

169 months

Friday 10th October 2014
quotequote all
CharlesElliott said:
Sentencing adjourned until w/c 17th November.
Hopefully that'll guarantee him a miserable xmas banged up inside biggrin

MikeO996

2,008 posts

224 months

Friday 10th October 2014
quotequote all
spikey78 said:
Maybe I'm being an old git but shirley if you're in trouble and going to court you'd a least wear a suit, even if it's a River Island 'my first court appearance' special?!
This bloke really is quite odd
Lovely blue suit, with matching shirt and tie today - classy,
Not

MikeO996

2,008 posts

224 months

Friday 10th October 2014
quotequote all
Apparently he was dared to do it by his friends - easily led - just not by his girlfriend screaming at him to stop. Are his defence team gambling on the video not being shown in Court? Seems a bit of a long shot.