Seeking the criminally inclined (or those with knowledge of them).
#16
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Seeking the criminally inclined (or those with knowledge of them).
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.
No need to answer, just idle curiosity.
#18
Re: Seeking the criminally inclined (or those with knowledge of them).
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.
No need to answer, just idle curiosity.
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)
#19
Re: Seeking the criminally inclined (or those with knowledge of them).
who is legally trained
#20
Joined: Jan 2008
Posts: 7,605
Re: Seeking the criminally inclined (or those with knowledge of them).
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.
No need to answer, just idle curiosity.
- 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.
#21
And YOU'RE paying for it!
Joined: May 2007
Location: kipper tie?
Posts: 2,328
Re: Seeking the criminally inclined (or those with knowledge of them).
#23
And YOU'RE paying for it!
Joined: May 2007
Location: kipper tie?
Posts: 2,328
Re: Seeking the criminally inclined (or those with knowledge of them).
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!
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!
#26
Re: Seeking the criminally inclined (or those with knowledge of them).
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.
No need to answer, just idle curiosity.
#27
Re: Seeking the criminally inclined (or those with knowledge of them).
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)
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)
#28
Re: Seeking the criminally inclined (or those with knowledge of them).
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.
#29
Re: Seeking the criminally inclined (or those with knowledge of them).
"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.
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
#30
Lost in BE Cyberspace
Joined: Nov 2006
Location: HMP Strangeways
Posts: 5,206
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 "