Jury service

[DIDO.1 20,813]

1 minute ago, Moocher71 said:

Depends what you lifted on what court you go and I've known lads get 18 months for few pound shop lift because they was up for other stuff so judge hit them hard ,

Be honest magistrate court is all for the police so your probably getting guilty verdict but crown its down to jury to find you guilty 

I'm studying law in my spare time....I'm not saying I'm correct but it's as I see it...

You simply cannot get 18 month for shoplifting at all. Maybe in years past....but then you could dunk your wife in the village pond for gossiping years ago as well.

In my experience magistrates, today, in the ones I have observed, haven't been that way and in the vast majority of cases I could see their reasons and thought process. 

[jok 3,035]

Slightly of subject. Got caught red handed with a number of salmon. Went to the court. No jury. No predujice. Just the biggest fine handed down to anyone in Scotland. The Sherriff owned the water. Justice. Jok.

[DIDO.1 20,813]

2 minutes ago, Moocher71 said:

Of course you can take a  theft of a Mars bar to crown but don't be to surprised when you get 18 Months for taking the mick ,if you looking at few months stay mag if not throw a not guilty in and hope the jury like ya 

It's changed, you can't take a mars theft to crown court. Sentencing is now within guidelines and can't be made up on a whim, and reasons have to be given for sentencing 

[Moocher71 4,044]

1 minute ago, DIDO.1 said:

I'm studying law in my spare time....I'm not saying I'm correct but it's as I see it...

You simply cannot get 18 month for shoplifting at all. Maybe in years past....but then you could dunk your wife in the village pond for gossiping years ago as well.

In my experience magistrates, today, in the ones I have observed, haven't been that way and in the vast majority of cases I could see their reasons and thought process. 

You can get the max sentence if the judge feels like giving it and theft can carry few year depending on value and your pre cons 

[Nicepix 5,650]

1 minute ago, DIDO.1 said:

I'm studying law in my spare time....I'm not saying I'm correct but it's as I see it...

You simply cannot get 18 month for shoplifting at all. Maybe in years past....but then you could dunk your wife in the village pond for gossiping years ago as well.

In my experience magistrates, today, in the ones I have observed, haven't been that way and in the vast majority of cases I could see their reasons and thought process. 

In real life you can. Depends on whether there are previous convictions, i.e. professional thief, number of other offences taken into account, triviality of demanding a Crown hearing, etc.....

[DIDO.1 20,813]

4 minutes ago, bell said:

Theft is an either way offence mate, can be tried in Crown or Magistrates court 

 

 

 

 

 

 

Shoplifting won't be tried in crown court. It goes before a magistrate first and they will retain jurisdiction and I'm 99% sure that you don't get a choice now 

[Moocher71 4,044]

1 minute ago, DIDO.1 said:

It's changed, you can't take a mars theft to crown court. Sentencing is now within guidelines and can't be made up on a whim, and reasons have to be given for sentencing 

A lad took a theft of a packet of kit kats to crown and he got 18 months so you definitely could in late 90s 

[DIDO.1 20,813]

Just now, Nicepix said:

In real life you can. Depends on whether there are previous convictions, i.e. professional thief, number of other offences taken into account, triviality of demanding a Crown hearing, etc.....

I won't argue that.....but given the circumstances you describe then I perhaps most people would consider it correct that that option stays open. Again I think things are different now for numbers of reasons and defendants won't get the same options 

[Moocher71 4,044]

1 minute ago, Nicepix said:

In real life you can. Depends on whether there are previous convictions, i.e. professional thief, number of other offences taken into account, triviality of demanding a Crown hearing, etc.....

Your right it all depends on persons pre cons 

[Daniel cain 42,803]

I was always under the impression,that a magistrate could sentence you to 12 months max?

[DIDO.1 20,813]

1 minute ago, Moocher71 said:

A lad took a theft of a packet of kit kats to crown and he got 18 months so you definitely could in late 90s 

I would guess there was more to it.... again I can't argue cos I don't know....but in my experience the headline never matches what actually happened and was heard in court

I won't keep typing the same thing... But you want to change something get on and change it

[Nicepix 5,650]

4 minutes ago, DIDO.1 said:

I won't argue that.....but given the circumstances you describe then I perhaps most people would consider it correct that that option stays open. Again I think things are different now for numbers of reasons and defendants won't get the same options 

Low-value shoplifting remains an offence which is triable either-way in the following circumstances:

• an adult defendant must be given the opportunity to elect Crown Court trial, including where the aggregate value of the offence(s) is below £200. If the defendant so elects, the case will be ‘sent’ to the Crown Court for trial (section 22A(2) MCA 1980);
• an adult defendant is charged with one or more shoplifting offences where the aggregate value of goods stolen exceeds £200 – see Candlish v DPP [2022] EWHC 842 (Admin) and R v Harvey [2020] EWCA Crim 354. In that event, the Court will proceed to consider plea and allocation in the normal way for either-way offences.

Prosecutors should refer to the Theft legal guidance for further details.

[Moocher71 4,044]

2 minutes ago, Daniel cain said:

I was always under the impression,that a magistrate could sentence you to 12 months max?

Your right and that's why only a fool would take a petty offence to crown 

[DIDO.1 20,813]

Just now, Daniel cain said:

I was always under the impression,that a magistrate could sentence you to 12 months max?

2 years now, they can also find guilty and then send to crown for sentencing. I find judges more out of touch. Over simplified maybe but I'd always recommend dressing smartly, looking a magistrate in the eye and talking to them honestly.

[Nicepix 5,650]

2 minutes ago, DIDO.1 said:

2 years now, they can also find guilty and then send to crown for sentencing. I find judges more out of touch. Over simplified maybe but I'd always recommend dressing smartly, looking a magistrate in the eye and talking to them honestly.

A Judge is only interested in the pure interpretation of law. Personalities and what is right and wrong don't come into it. That is what the Jury is there for.