How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
30932268
Type Your Law Question Here...
Alice H is online now

Can defendant before criminal prosecution in the uk choose

Resolved Question:

Can defendant before criminal prosecution in the uk choose between judge and the jury?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Not in the UK, no. The choice is made by the prosecution authorities.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 11563
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Expert:  Alice H replied 3 years ago.
My name is ***** ***** I am happy to help.The answer you've been given is incorrect.1 Venue is determined by the nature of the charge2 The Magistrates Court decides allocation in the first instance3 In an either way case the defendant can elect trial by jury even if the Magistrates accept jurisdiction4 Indictable only cases must go to the Crown CourtTo say the prosecution authorities decide is wrong. If you tell me what the charge is I can give you an idea of which court will try the case.Alex
Customer: replied 3 years ago.

I am the same person the transgendered one that asked you about herpes...

Expert:  Alice H replied 3 years ago.
I hope the issue about judge and jury has now been clarified for you. The allegation that you've been discussing is one that is likely to be tried by a Crown Court should the matter go that far.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I am sorry I am not british so the Crown court is the one with judges or juries? ( I know basic question ) Would it be more likely decided by the jury or a judge? Do I have anything to say in this?

Expert:  Alice H replied 3 years ago.
Hello!
Judge and Jury sit in the Crown Court.
The Judge is the referee on the law and the jury decide the facts.
In the Magistrates Court usually 3 Magistrates decide the law and facts. Sometimes a District Judge sits by him/herself.
Whether the case can be decided by the Magistrates Court or Crown Court depends firstly on the charge. Some cases can be tried only in the Magistrates Court (summary only), Crown Court (indictable only) or both courts (either way).
In cases which are either way, the court first decides where the venue of trial should be. If they decide Magistrates Court then you have the option of going to the Crown Court.
There are advantages and disadvantages to both venues. Magistrates Court trials are generally quicker and the sentencing powers are limited. Crown Court trials take longer but the view amongst most defence lawyers is that a jury trial is fairer.
Hope this helps.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you