Criminal courts and criminal process — practice questions

Issue: Classification, venue for each offence, and mode of trial procedure.

Theft (either-way): Initial hearing in Magistrates' Court. Plea before venue — as he pleads not guilty, a mode of trial hearing follows. Magistrates assess whether the case is suitable for summary trial (s19 MCA 1980). Assuming they accept jurisdiction, Daniel then has an absolute right to elect Crown Court jury trial.

If Daniel elects Crown Court: The theft charge is sent to the Crown Court under s51 Crime and Disorder Act 1998. The trial will be before a judge and jury. The magistrates lose jurisdiction over the theft charge once the election is made.

Criminal damage (£800): As the value is under £5,000, this is a summary offence under the MCA 1980. It must be tried in the Magistrates' Court and cannot be sent to the Crown Court with the theft charge. It will be tried separately by magistrates.

Conclusion: The two offences will be tried in different courts. The theft charge goes to the Crown Court due to the defendant's election. The criminal damage charge remains in the Magistrates' Court as it is a summary offence. Classification and the defendant's election are the key determinants.

Step 1: Identify the individual sentences. Offence 1 (Theft from employer): 26 weeks' custody. Offence 2 (Shoplifting): 12 weeks' custody.

Step 2: Calculate the total custodial sentence. The magistrates have decided the offences are separate and should be punished with consecutive sentences. Total sentence = Sentence for Offence 1 + Sentence for Offence 2 Total sentence = 26 weeks + 12 weeks = 38 weeks.

Step 3: Assess if the total sentence is within the Magistrates' powers. The maximum sentence a Magistrates' Court can impose for a single triable either way offence is 6 months (approx. 26 weeks). The maximum aggregate sentence for two or more triable either way offences is 12 months (52 weeks). The calculated total sentence is 38 weeks. Since 38 weeks is less than the maximum aggregate of 52 weeks, the sentence is within the Magistrates' Court's jurisdiction.

Step 4: Calculate the total compensation order. Compensation is intended to repay the victim for their loss. Compensation for Offence 1 = £1,200 (value of stolen goods). Compensation for Offence 2 = £250 (value of stolen goods). Total Compensation = £1,200 + £250 = £1,450.

Final Answer: Chloe would be sentenced to a total of 38 weeks' custody. This is within the court's powers. She would also be ordered to pay a total of £1,450 in compensation to the victims.