Does a defendant have a choice of having his case heard in a magistrates court or at an Assize court?
I believe that Mr Barton is, like everyone else subject to the law(s) of this country and we should accept the result no matter what the outcome. In addition he is also subject to the laws of the governing body the FA - so if in the event of a technicality and he gets no punishment from the Magistrates, then the FA have the power to mete out whatever punishment they deem necessary. On a personal level I hope he is found guilty and is given a Sine Die ban (given his history) - there have been numerous cases of such on a Sunday morning football level for attacking referees. That said I won't hold my breath for this punishment from the FA.
I'd hazard a guess that Magistrates will refer the case to Crown Court due to lack of appropriate sentencing options due to his previous. Iirc Magistrates can only sentence up to 12 months max.
The case could be sent to a Crown Court - generally the Magistrates have less power than a Crown Court
I'll be amazed if he does any time at all, let alone 12 months. If it were up to me I'd have him banged up for life, the complete scumbag.
Let's hope he'll be widening the circle of his friends, and they his, very soon. Strangeways would be appropriate.
Will he be tried on this incident alone or are the prosecution allowed to bring up his previous actions in a magistrates court?
True - I am pretty sure if I went to a meeting with a supplier, competitor or customer and then after the meeting as we walked away I flattened someone in a fit of rage and they needed medical treatment I would be fired pretty quickly
Assizes have been gone donkeys years. Assault occasioning abh is triable either way meaning he can elect to have it tried by jury at crown court. The magistrates could send it upstairs if they feel it is too complex or their sentencing powers are insufficient. They could agree to hear the case and then send it to crown court on conviction for this reason.
Barton and Yaxley-Lennon sharing a cell...they could have some really interesting conversations about politics and philosophy
Evidence of bad character, including previous convictions can be adduced in evidence if they show a propensity to the have commited the offence in question. There is a ten year time limit and the final decision is the court's.
If he is found guilty he will get a custodial sentence. It wouldn't surprise me if he pleaded guilty to reduce this .
Look at what Brian Partington replied with in the original comment....... https://www.facebook.com/groups/367987823219922/ "I saw what went on on the touchline and it appeared when Joey shook his hand the Barnsley manager refused to let go of his hand and was in Joeys face. At the same time one of their staff was filming on his phone as if expecting something to happen, but on the touchline Joey refused to take the bait. Somethings not right about this and I'd take his word over the Barnsley crew any day of the week" Still people out there who think Joey continues to be hard done by.
Just read a comment on there commending him for fighting for the club. If they can't see that he was fighting for purely selfish reasons and never had the club in mind then there'll be no talking sense to them.
Excellent news. Whilst it's true that he should get banged up for this, considering his other bad behavior, I doubt very much that he will. The EFL on the other hand have no excuse for banning his ugly scouse arse from football for good. And I mean good in both of it's contexts here.