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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 3034
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 1 month 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 1 month 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 1 month ago.
Yes but there are 2 offences of malicious communications section 1(1)a1988 and 1 public order sec 4a
Customer: replied 1 month ago.
???
Customer: replied 1 month ago.
??
Hi thank you for your message, yes but the position remains the same.
Customer: replied 1 month ago.
Yes but I got 6 months for 1 malicious communications in crown court last time
Customer: replied 1 month 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 1 month ago.
Yes

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 1 month ago.
Missed out they are the two charges of malicious communications are section 1(1)(a) and (4) of the malicious communications act 1988