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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 5813
Experience:  Dual qualified Solicitor and Attorney
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Criminal law

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Criminal law

Hi what is your query please?

Customer: replied 8 months ago.
Well I’m in court 4 th December Great Yarmouth magistrates court for 1 public order sec 4a and 2 charges of malicious communications sec 1(1)a1988 but last time in crown court I got 18 months for 6 offences and 6 months consecutive for 1 malicious communications section 1(1)a1988 could this go to crown
Customer: replied 8 months ago.
Can u message instead

Hi thank you for your message, the offences are summary only offences therefore the matter should not be referred to the crown court no and should be dealt with in the magistrates court. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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Customer: replied 8 months ago.
but there are 2 offences of malicious communications section 1(1)a1988 and 1 public order sec 4a
Customer: replied 8 months ago.
Customer: replied 8 months ago.
Hi thank you for your message, yes but the position remains the same.
Customer: replied 8 months ago.
but I got 6 months for 1 malicious communications in crown court last time
Customer: replied 8 months ago.
This time there is 2 offences

Hi thank you for your message, yes I understand. When your matter got transferred to the crown court last time was this along with another offence?

Customer: replied 8 months ago.

Hi thank you for your message, yes so a case can only be transferred to the crown court from the magistrates court for sentencing in very certain conditions including circumstances where the summary only offence is sent with a triable either way i.e. a case that can be tried either in the magistrates or crown court. Therefore, it is likely in your previous case that is what happened but in this instance all the offences are summary only and so cannot be sent to the crown court for trial.

Customer: replied 8 months ago.
Missed out they are the two charges of malicious communications are section 1(1)(a) and (4) of the malicious communications act 1988
Customer: replied 6 months ago.
I’m in court on 29 th January
Customer: replied 6 months ago.
Again for one charge of a public order section 4 and two charges of malicious communications section 1(1)(a)and (4) of the malicious communications act 1988 what is the maximum prison sentence they can give in the magistrates courts
The maximum they can give is 12 months imprisonment. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 6 months ago.
But I went not guilty on the 4 th December and now on the 29th of January I’m going guilty so if I do get prison how much credit would I get as I’m aware I will loose credit for going not guilty
Customer: replied 6 months ago.
But I’ve got prior to this 2 convictions for malicious communications first one I got 3 months in magistrates and 2nd one 6 months in crown court
Customer: replied 6 months ago.
these still are kept in magistrates court
Hi thank you for your messages, it’s like you could get a quarter off of your sentence as credit for your guilty plea. Realistically therefore given the multiple offences on this occasion and your previous convictions for the same offending it is likely you would be facing the top end of the courts sentencing powers 9-12 months. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 6 months ago.
how much is a quatre of a 12 month sentence
3 months, so 9 months sentence instead of 12. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 6 months ago.
Ok thank u
Glad I could help, could you please rate me 5 stars in the top right of your screen? Otherwise I do not get paid by Just Answer for my time
Customer: replied 6 months ago.
There is no option at top of my screen for this
Ok, if you are on a mobile it is at the bottom of the screen. Many thanks