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Bruce, aged 18, has been charged with breaking into a house and stealing a plasma television - VCE - SSCE Legal Studies - Question 6 - 2007 - Paper 1
Question 6
Bruce, aged 18, has been charged with breaking into a house and stealing a plasma television. He has decided to plead 'not guilty' to the charge and have it heard in... show full transcript
Worked Solution & Example Answer:Bruce, aged 18, has been charged with breaking into a house and stealing a plasma television - VCE - SSCE Legal Studies - Question 6 - 2007 - Paper 1
Step 1
Bruce could have this case tried in another court if he wanted to;
Answer
In the UK legal system, after an initial charge is made at the Magistrates' Court, an individual has the right to request for the case to be tried at a higher court, such as the Crown Court, where there may be a jury present. This option can be beneficial if the individual believes that their chances of acquittal could be improved in a different court setting. Therefore, Danni's assertion is correct as Bruce can indeed have his case transferred to another court.
Step 2
if Bruce is convicted in the Magistrates' Court, there is more than one possible appeal available to him.
Answer
Should Bruce be convicted in the Magistrates' Court, he has the right to appeal the conviction. Typically, he may appeal to the Crown Court against the conviction and/or the sentence imposed. Additionally, if the appeal at the Crown Court does not succeed, he may explore the option of a further appeal to the Court of Appeal if there are grounds for suggesting that the conviction was unsafe or if there was an error in law. Hence, there are multiple avenues for appeal available to him, supporting Danni's claim.