Sunday, August 25, 2019
The Court Process Essay Example | Topics and Well Written Essays - 2000 words
The Court Process - Essay Example I hope that you are well.Ã Recently, I spoke to you regarding your arrest for trespass of a building and theft of a laptop computer contrary to section 91 (b) of the Theft Act of 1968.You indicated that you would like to enter a plea of not guilty.Ã I want you to understand that a plea of Ã¢â¬Å"not guiltyÃ¢â¬ does not necessarily mean that you will get off at your trial.The offense you were charged with was a trial by the way which means it could be heard in either the Magistrate or the Crown Court.Ã There are pros and cons of having a case tried in either court.Ã The Crown Court is superior to the MagistrateÃ¢â¬â¢s Court and the judge has greater sentencing powers. Additionally, there is a jury associated with the Crown Court and they tend to let off more defendants than the MagistrateÃ¢â¬â¢s Court.Ã However, in the MagistrateÃ¢â¬â¢s Court the case will be heard sooner and there would be no jury involved.Ã The MagistrateÃ¢â¬â¢s Court will probably decid e that they can take the case and it will not have to go to the Crown Court.Ã Because only one out of three eyewitnesses to the theft was able to pick you out in the ID procedure, that could work in your favor.Ã You requested that I apply for bail. You have the right to request bail under the Bail Act of 1976.Ã However, it is likely that the prosecution will raise objections to bail based on the fact that you failed to surrender to bail when you committed the offense of 3 years ago and a further offense whilst on bail for the TWOC (taking a vehicle without consent).