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KELLY, Andrew

Case Reference: 03WW0026426

Case Details

Open Justice Notice: This record is a public court hearing entry sourced from official HMCTS daily cause lists and is published under the principle of open justice, which holds that court proceedings must be accessible to the public and the press. Appearance in this record does not imply guilt. If this case involves a spent conviction under the Rehabilitation of Offenders Act 1974, or if you believe this record is inaccurate, please contact us.

Reference

03WW0026426

Court

West Cumbria Courthouse - Courtroom 01

Magistrate

Mr Dale JP , Ms Ellis JP , Mr Holden , Mrs Knott JP , Mr Mason JP , Mr Moser JP , Dr Wilkins JP

Hearing Date

20 July 2026

Time

1:30pm

Hearing Type

First hearing

Court Type

Magistrates

Prosecutor

CPS-NW

Case Details

Offence Details: | Assault a constable in the execution of his / her duty

Next Steps at this First Hearing / First Appearance

At the first hearing (usually in the Magistrates' Court), the charges are formally read. The defendant is asked to enter a plea. If pleading guilty, sentencing can sometimes happen immediately or be adjourned. If pleading not guilty, the court will make directions to manage the case or transfer it to the Crown Court for trial.

Court Jurisdiction: Magistrates' Court - Magistrates' Courts handle virtually all summary offences (minor offences) and start the proceedings for serious offences. They are presided over by three volunteer Magistrates (advised by a legal advisor) or a single qualified District Judge. They do not have a jury.

UK Offence & Sentencing Guidelines

Common Assault / Battery

Common assault is committed when a person intentionally or recklessly causes another to apprehend immediate, unlawful violence. Battery is the actual application of unlawful force. No physical injury needs to occur.

Sentencing: Usually dealt with in the Magistrates' Court. Maximum penalty is 6 months imprisonment, a community order, or a fine. If racially or religiously aggravated, it can be sent to the Crown Court with higher maximum penalties.
Disclaimer: The legal definitions and sentencing guidelines above are for general educational purposes under English Law and do not constitute formal legal representation or advice. If you are facing criminal prosecution, consult a qualified criminal defense solicitor immediately.

Case FAQs & Procedure Guide

Yes, it is highly recommended. Legal representation ensures your rights are protected, especially when entering a plea or applying for bail. A duty solicitor is usually available at court for eligible defendants.

Pleading guilty at the earliest opportunity typically entitles you to a sentence reduction (up to one-third off the penalty). The court may sentence you immediately or adjourn to obtain a pre-sentence report.

The case will be adjourned, and a trial date will be set. The court will determine issues such as bail, witness requirements, and evidence submission deadlines.

For a single summary/either-way offence, magistrates can sentence a defendant to a maximum of 6 months in prison (or up to 12 months for multiple either-way offences), alongside unlimited fines and community orders.

Magistrates are trained volunteers from the local community who sit in panels of three. A District Judge is a qualified legal professional who sits alone. Both have the same sentencing powers.

Common assault is committed when a person intentionally or recklessly causes another to apprehend immediate, unlawful violence. Battery is the actual application of unlawful force. No physical injury needs to occur.

Usually dealt with in the Magistrates' Court. Maximum penalty is 6 months imprisonment, a community order, or a fine. If racially or religiously aggravated, it can be sent to the Crown Court with higher maximum penalties.

Interested in the outcome of this case? You can request more information by emailing the court directly using the Email Court button at the top of the page.

Public Discussion

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