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

Mark Hughes
Mind Map by , created 8 months ago

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
Created by Mark Hughes 8 months ago
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Arrested by Police - 1976 Bail Act (Section 3 & 4)
1 Taken to Police Station
1.1 Booked in by Custody Sergeant
1.1.1 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 No Case referred to Crown Court for Sentencing Not Guilty 1976 Bail Act (Section 3) Applied No Remanded in Custody - eg: Winchester Prison pending trial date Yes (See conditions) Discuss Bail Legal aid funding Consider evidence Witnesses 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 Not guilty Crown Court - Judge & Jury High Risk Risk of interferring with witnesses Previous 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) 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 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 No Magistrates Court Disclosure - Prosecution & Defence share evidence No Case dropped NFA 'No Further Action' Defence Lawyer Character Statements Gather evidence to support defendant

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