15611986
Description
Mind Map by Mark Hughes, updated more than 1 year ago
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Created by Mark Hughes
over 5 years ago
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Arrested by Police - 1976 Bail Act
(Section 3 & 4)
- Taken to Police Station
- Booked in by Custody Sergeant
- Interviewed by Police
- Bail considered - 1976 Bail Act (Section 4)
- No
- Kept in Police Custody Overnight
- Taken to Magistrates in the morning for initial hearing
- Confirm Identity
- Defendant given statement containing evidence against them
- Details of the offence they are accused of
- Provided date and place where trial is to take place
- Opportunity to Plead
- Guilty
- Within Magistrate remit
- Yes
- Sentenced by Magistrate
- Sentenced by Magistrate
- No
- Case referred to Crown Court for Sentencing
- Case referred to Crown Court for Sentencing
- Yes
- Within Magistrate remit
- Not Guilty
- 1976 Bail Act (Section 3) Applied
- No
- Remanded in Custody - eg: Winchester Prison pending trial date
- Remanded in Custody - eg: Winchester Prison pending trial date
- Yes (See conditions)
- No
- 1976 Bail Act (Section 3) Applied
- Guilty
- Opportunity to Plead
- Provided date and place where trial is to take place
- Details of the offence they are accused of
- Discuss Bail
- Legal aid funding
- Consider evidence
- Witnesses
- Confirm Identity
- Indictable offences
- Serious offences - rape, murder serious violent offences
- Drugs offences
- People trafficking
- Manslaughter
- Adults charged with Indictable offence will attend Magistrates' Court for an initial hearing
- Defendants on an indictment sent to Crown Court for plea and case management hearing
- Defendant enters their plea to the charges
- Guilty
- Case adjourned pending sentencing
- Case adjourned pending sentencing
- Not guilty
- Crown Court - Judge & Jury
- Crown Court - Judge & Jury
- Guilty
- Defendant enters their plea to the charges
- Defendants on an indictment sent to Crown Court for plea and case management hearing
- Serious offences - rape, murder serious violent offences
- Taken to Magistrates in the morning for initial hearing
- High Risk
- Risk of interferring with witnesses
- Previous
- Kept in Police Custody Overnight
- Yes
- 1976 Bail Act (Section 3) Applied
- Surrender Passport
- Reside at Bail Hostel
- Pay Bail Bond
- Geographical restrictions
- Police investigations - CPS builds a case
- CCTV Evidence
- WItness Statements
- Prosecution Lawyer
- Insufficient evidence to prosecute
- Yes
- Criminal charges - defendant called to court by a summons
- Summary offences
- Magistrates Court
- Heard by a magistrate sitting alone, defendant does not have to be in attendance
- Offensive behaviour
- Minor assaults
- Traffic offences
- Damage to property
- PLEA (A)
- Offensive behaviour
- Heard by a magistrate sitting alone, defendant does not have to be in attendance
- Magistrates Court
- Served on the person ordered to attend court
- Served in person
- by hand
- minor offence by recorded delivery/registered post
- Plead guilty to summary offence
- via post providing max penalty <3 months imprisonment
- Do not need to attend court, dealt with in their absence eg. traffic offences
- Do not need to attend court, dealt with in their absence eg. traffic offences
- via post providing max penalty <3 months imprisonment
- Plead guilty to summary offence
- by hand
- Served in person
- Either way offences (hybrid offences)
- Property offences
- Theft or burglary
- Some violent offences
- Defendant can elect for a trial by jury
- Yes
- Sent to Crown Court for trial
- Burden of proof lies with the prosecution
- Burden of proof lies with the prosecution
- Sent to Crown Court for trial
- No
- Magistrates Court
- Magistrates Court
- Yes
- Property offences
- Disclosure - Prosecution & Defence share evidence
- Summary offences
- Criminal charges - defendant called to court by a summons
- No
- Case dropped NFA 'No Further Action'
- Case dropped NFA 'No Further Action'
- Yes
- Insufficient evidence to prosecute
- CCTV Evidence
- Defence Lawyer
- Character Statements
- Gather evidence to support defendant
- Character Statements
- Surrender Passport
- 1976 Bail Act (Section 3) Applied
- No
- Bail considered - 1976 Bail Act (Section 4)
- Interviewed by Police
- Booked in by Custody Sergeant
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