Criminal Courts

Criminal Courts

1. Bail

   • After arrest a person can be released on bail at any point
     • Police may grant bail while they make further enquiries + if defendant has been charged
   • s.4 The Bail Act 1976
   • Custody officer grants bail (at the station)
     • Under s.38 PACE - amended by the Criminal Justice Act 1994
   • Bail can be refused if:
     • They have the potential to commit another crime
     • If they won't surrender to bail
     • If they may interfere w/ a witness
     • The safety of the defendant is at risk
     • They have previous serious convictions - under CJPO Act 1994
     • They have previously broken bail conditions
     • Adult drug user tested positive for class A dugs - under s.19 Criminal Justice Act 2003
   • Criminal Justice and Public Order Act 1994 gave police power to impose bail conditions
   • Conditional bail
     • Report to police station at regular intervals
     • Reside at a specific address
     • Abide by curfew
     • Hand in passport
     • Wear an electronic tag
     • Sureties
   • Things which must be considered:
     • Seriousness of offence
     • Previous convictions
     • Family ties
     • Job commitments
     • Complied with bail in the past?
     • Strength of evidence against them
   • If bail is refused then a further application can be made to the Crown Court
     • Defendant can also appeal

2. Types of offences

   • Summary Offence
     • Tried in Magistrates' Court
     • eg. driving w/o insurance, taking vehicle w/o consent, common assault
   • Triable Either Way Offence
     • Tried in Magistrates'/Crown Court
     • eg. theft, assault causing ABH, obtaining property by deception
   • Indictable Offence
     • Tried in Crown Court
       • Under s.51 Crime and Disorder Act 1998
     • eg. muder, manslaughter, rape, robbery

3. Magistrates' Court deals w/ about 97% of criminal cases

4. Magistrates' Court Clerk - legal advisers who guide on question of law, practice + procedure but doesn't make decisions

5. Summary Trials

   • Least serious offences
   • Criminal Justice Act 1991 set current fines
     • Level 1 - £200
     • Level 2 - £500
     • Level 3 - £1000
     • Level 4 - £2500
     • Level 5 - £5000
     • £20,000 for businesses
   • Max. 6 months for 1 offence

6. Triable Either Way Trials

   • Defendant asked if plead guilty or not guilty (plea before venue)
     • Yes - goes to Crown/Magstrates
     • No - mode of trial
       • Magistrates decide whether to accept jurisdiction
         • Decline - sent to Crown
         • Accept - defendant can elect place of trial

7. Three Tiers

   • First Tier
     • High Court + Crown Court
     • Separate judges for civil + criminal work
     • Deal w/ all categories of crime triable on indictment
   • Second Tier
     • Crown Court only
     • High Court judges sit here to hear criminal cases
     • All categories of crime triable on indictment
   • Third Tier
     • Only Circuit judges + Recorders
     • Most serious cases NOT tried here as there is no High Court judge

8. Criminal Appeals

   • Magistrates
     • Can be made to Crown/High Court
     • Appeal to Crown can be made against conviction or sentence
       • Only if defendant pleads not guilty
       • No jury
       • If appeal fails there is opportunity to appeal to High Court
     • Appeal to High Court can be to examine a point of law or procedure
   • High Court
     • CPS or defendant can appeal on point of law or by judicial review against the procedure or sentence
     • Case stated by written notice within 21 days - must state reason for appeal
   • Court of Appeal
     • Hears appeals from Crown + Magistrates
     • Appeals against conviction and sentence
     • Can QUASH decision, VARY length of sentence or order RETRIAL