In some cases, an application can be made to the Court to have serious charges heard and determined in the Magistrates’ Court (this is called making an Application for Summary Jurisdiction), instead of being heard in the higher courts. Below are some of the advantages of making such an application if the circumstances of the case permit:
• In the Magistrates’ Court, your case will be heard by judge alone, whereas in the County Court, your case will be heard by judge and a jury of your peers;
• The severity of the applicable sentence will also be affected depending on whether the case is heard in the Magistrates’ Court or County Court. For example, the maximum penalty that can be imposed in the Magistrates’ Court cannot exceed 2 years imprisonment, whereas in the County Court, the maximum penalty can be applied (in some cases this can be life imprisonment).
To determine whether there is a possibility in keeping your case in the Magistrates’ Court, or to make an application for bail, contact Ondrik Larsen Lawyers as soon as possible.