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Seeking the criminally inclined (or those with knowledge of them).

Seeking the criminally inclined (or those with knowledge of them).

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Old Oct 1st 2008, 4:24 pm
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by Ray
Six months
OT -- of course this raises a related US immigration question -- does the UK have "wobblers" -- e.g. an agreed guilty plea before the magistrate with sentence of which the maximum will six months? I also wonder what happens if it does go to crown court, jury finds guilty and the judge imposes sentence of say, four months. Is a "misdemeanor by sentence?" Do note that each of the 50 US states have different procedures and the issues can get complicated.

No need to answer, just idle curiosity.
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Old Oct 1st 2008, 5:02 pm
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by Ray
Six months
Didn't I say Ash should've asked you in the first place eh? eh?
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Old Oct 1st 2008, 5:05 pm
  #18  
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by Folinskyinla
OT -- of course this raises a related US immigration question -- does the UK have "wobblers" -- e.g. an agreed guilty plea before the magistrate with sentence of which the maximum will six months? I also wonder what happens if it does go to crown court, jury finds guilty and the judge imposes sentence of say, four months. Is a "misdemeanor by sentence?" Do note that each of the 50 US states have different procedures and the issues can get complicated.

No need to answer, just idle curiosity.
I'm not the expert, however, I don't think you can negotiate with the magistrate. Magistrates are not paid, but are community members, so no deals are cut like I see on the US courtroom drama stuff...

Sentencing guidelines are only that, a judge can serve up longer or shorter sentences on their own whim. Obviously, they can be challenged if they go over the maximum guidelines, but not often challenged when a light sentence is delivered. (a particular bug-bear of mine, when working in Child Protection a judge gave a community sentence to someone with enough kiddy porn to require a minimum of a 2 year sentence)
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Old Oct 1st 2008, 5:11 pm
  #19  
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by Trixie_b
I'm not the expert, however, I don't think you can negotiate with the magistrate. Magistrates are not paid, but are community members, so no deals are cut like I see on the US courtroom drama stuff...
)
Not in Public anyway ... the Magistrates are guided by the Clerk of the Court
who is legally trained
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Old Oct 1st 2008, 6:36 pm
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by Folinskyinla
OT -- of course this raises a related US immigration question -- does the UK have "wobblers" -- e.g. an agreed guilty plea before the magistrate with sentence of which the maximum will six months? I also wonder what happens if it does go to crown court, jury finds guilty and the judge imposes sentence of say, four months. Is a "misdemeanor by sentence?" Do note that each of the 50 US states have different procedures and the issues can get complicated.

No need to answer, just idle curiosity.
Oddly enough, I'm working on something close to this right now. We have:
- sentence maxima
- sentencing guidelines and
- judicial discretion.

So far, probably so familliar.

We also have "discounts off the tarrif for a guily plea" - which decrease as it gets closer to trial, but note judicial discretion, above.

And, with a menu of charges, we do sometimes agree to drop some in exchange for a guilty plea for others.

What we don't have is peole agreeing sentences like you see in Dick "he'll wolf your dick" Wolf's Law and Order series.
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Old Oct 1st 2008, 6:43 pm
  #21  
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by cybersecretary
true, but not reported until the outcome.
Reported by who? The media or the clerk?

Interesting trials/prosecutions are often covered by the press before/during the trial. Court dates are a matter of public record, aren't they?
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Old Oct 1st 2008, 6:50 pm
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by lapin_windstar
Interesting trials/prosecutions are often covered by the press before/during the trial.

Not in the UK.
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Old Oct 1st 2008, 8:18 pm
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by Jerseygirl
Not in the UK.
http://news.bbc.co.uk/2/hi/uk_news/7635786.stm
http://news.bbc.co.uk/2/hi/uk_news/s...st/7646343.stm
http://news.bbc.co.uk/2/hi/uk_news/5107328.stm

You have a track record of saying things that are incorrect very confidently!
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Old Oct 1st 2008, 8:27 pm
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by Ray
Six months
Technically twelve is the maximum a Magistrate can give (2 x 6months)
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Old Oct 1st 2008, 8:30 pm
  #25  
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by Thydney
Technically twelve is the maximum a Magistrate can give (2 x 6months)
Pedant
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Old Oct 1st 2008, 8:31 pm
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by Folinskyinla
OT -- of course this raises a related US immigration question -- does the UK have "wobblers" -- e.g. an agreed guilty plea before the magistrate with sentence of which the maximum will six months? I also wonder what happens if it does go to crown court, jury finds guilty and the judge imposes sentence of say, four months. Is a "misdemeanor by sentence?" Do note that each of the 50 US states have different procedures and the issues can get complicated.

No need to answer, just idle curiosity.
You can elect for trial by Jury but risk pissing the judge off for wasting his time. If the sentence can't go any higher you can ask for other crimes to be taken into consideration.
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Old Oct 1st 2008, 8:32 pm
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by Trixie_b
I'm not the expert, however, I don't think you can negotiate with the magistrate. Magistrates are not paid, but are community members, so no deals are cut like I see on the US courtroom drama stuff...

Sentencing guidelines are only that, a judge can serve up longer or shorter sentences on their own whim. Obviously, they can be challenged if they go over the maximum guidelines, but not often challenged when a light sentence is delivered. (a particular bug-bear of mine, when working in Child Protection a judge gave a community sentence to someone with enough kiddy porn to require a minimum of a 2 year sentence)
You negotiate with the Crown Prosecution Service
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Old Oct 1st 2008, 8:36 pm
  #28  
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by Koolcat
Hi Ash, the fact that a 5 day trial has been listed indicates that the accused has entered a not guilty plea to the charge(s) put to him/her. Since a plea has been entered, the Court will be now able to disclose the information. It will be a case of ringing the relevant Crown Court dealing with the case and asking for the 'results' department. You will have to give the accused full name and they may ask for a date of birth, although this is more for ease of finding the person on their system. They should then be able to pass on the exact date the trial is set for, and the exact charges that the Crown Prosecution Service have alleged against the person. Hope this helps.
You don't get a trial when you plead guilty, you get a sentencing hearing.
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Old Oct 1st 2008, 8:44 pm
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

Originally Posted by Trixie_b

"Bail" doesn't exist in the uk in the form we all talk about, ie, no money changes hands. you are remanded in custody and asked to return for court. If the police think you are a flight risk, will intimidate witnesses or interfere with their investigation of the crime, or are of risk of re-offending (I think) bail is denied, and you have to spend waiting for trial in prison.
Bail exists just not bonded as you say. Police bail (at their discretion)or a court can give unconditional bail or conditional bail where the court will specify things you must do. You will be given a date to attend either a Police station or a court. Failure to appear is in itself an arrestable offence. Failing to report will normally get you remanded in prison.

If you are remanded you are entitled to a daily visit but approaching the Governor won't get you one. The inmate must request one. Certain people can be prevented from visiting a prison
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Old Oct 2nd 2008, 12:23 am
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Default Re: Seeking the criminally inclined (or those with knowledge of them).

How many times have I got to tell you lot, "There's no such thing as an innocent person "
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