Arrested by Police - 1976 Bail Act (Section 3 & 4)

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A level Law Mind Map on Arrested by Police - 1976 Bail Act (Section 3 & 4), created by Mark Hughes on 10/17/2018.
Mark Hughes
Mind Map by Mark Hughes, updated more than 1 year ago
Mark Hughes
Created by Mark Hughes over 4 years ago
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Resource summary

Arrested by Police - 1976 Bail Act (Section 3 & 4)
  1. Taken to Police Station
    1. Booked in by Custody Sergeant
      1. Interviewed by Police
        1. Bail considered - 1976 Bail Act (Section 4)
          1. No
            1. Kept in Police Custody Overnight
              1. Taken to Magistrates in the morning for initial hearing
                1. Confirm Identity
                  1. Defendant given statement containing evidence against them
                    1. Details of the offence they are accused of
                      1. Provided date and place where trial is to take place
                        1. Opportunity to Plead
                          1. Guilty
                            1. Within Magistrate remit
                              1. Yes
                                1. Sentenced by Magistrate
                                2. No
                                  1. Case referred to Crown Court for Sentencing
                              2. Not Guilty
                                1. 1976 Bail Act (Section 3) Applied
                                  1. No
                                    1. Remanded in Custody - eg: Winchester Prison pending trial date
                                    2. Yes (See conditions)
                          2. Discuss Bail
                            1. Legal aid funding
                              1. Consider evidence
                                1. Witnesses
                                2. Indictable offences
                                  1. Serious offences - rape, murder serious violent offences
                                    1. Drugs offences
                                      1. People trafficking
                                        1. Manslaughter
                                          1. Adults charged with Indictable offence will attend Magistrates' Court for an initial hearing
                                            1. Defendants on an indictment sent to Crown Court for plea and case management hearing
                                              1. Defendant enters their plea to the charges
                                                1. Guilty
                                                  1. Case adjourned pending sentencing
                                                  2. Not guilty
                                                    1. Crown Court - Judge & Jury
                                          2. High Risk
                                            1. Risk of interferring with witnesses
                                              1. Previous
                                              2. Yes
                                                1. 1976 Bail Act (Section 3) Applied
                                                  1. Surrender Passport
                                                    1. Reside at Bail Hostel
                                                      1. Pay Bail Bond
                                                        1. Geographical restrictions
                                                          1. Police investigations - CPS builds a case
                                                            1. CCTV Evidence
                                                              1. WItness Statements
                                                                1. Prosecution Lawyer
                                                                  1. Insufficient evidence to prosecute
                                                                    1. Yes
                                                                      1. Criminal charges - defendant called to court by a summons
                                                                        1. Summary offences
                                                                          1. Magistrates Court
                                                                            1. Heard by a magistrate sitting alone, defendant does not have to be in attendance
                                                                              1. Offensive behaviour
                                                                                1. Minor assaults
                                                                                  1. Traffic offences
                                                                                    1. Damage to property
                                                                                      1. PLEA (A)
                                                                                  2. Served on the person ordered to attend court
                                                                                    1. Served in person
                                                                                      1. by hand
                                                                                        1. minor offence by recorded delivery/registered post
                                                                                          1. Plead guilty to summary offence
                                                                                            1. via post providing max penalty <3 months imprisonment
                                                                                              1. Do not need to attend court, dealt with in their absence eg. traffic offences
                                                                                      2. Either way offences (hybrid offences)
                                                                                        1. Property offences
                                                                                          1. Theft or burglary
                                                                                            1. Some violent offences
                                                                                              1. Defendant can elect for a trial by jury
                                                                                                1. Yes
                                                                                                  1. Sent to Crown Court for trial
                                                                                                    1. Burden of proof lies with the prosecution
                                                                                                  2. No
                                                                                                    1. Magistrates Court
                                                                                                2. Disclosure - Prosecution & Defence share evidence
                                                                                              2. No
                                                                                                1. Case dropped NFA 'No Further Action'
                                                                                          2. Defence Lawyer
                                                                                            1. Character Statements
                                                                                              1. Gather evidence to support defendant
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