Criminal Courts

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Unit 1 - English Legal System

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Created by emilyyoung212 almost 6 years ago
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Criminal Courts
1 Bail
1.1 After arrest a person can be released on bail at any point
1.1.1 Police may grant bail while they make further enquiries + if defendant has been charged
1.2 s.4 The Bail Act 1976
1.3 Custody officer grants bail (at the station)
1.3.1 Under s.38 PACE - amended by the Criminal Justice Act 1994
1.4 Bail can be refused if:
1.4.1 They have the potential to commit another crime
1.4.2 If they won't surrender to bail
1.4.3 If they may interfere w/ a witness
1.4.4 The safety of the defendant is at risk
1.4.5 They have previous serious convictions - under CJPO Act 1994
1.4.6 They have previously broken bail conditions
1.4.7 Adult drug user tested positive for class A dugs - under s.19 Criminal Justice Act 2003
1.5 Criminal Justice and Public Order Act 1994 gave police power to impose bail conditions
1.6 Conditional bail
1.6.1 Report to police station at regular intervals
1.6.2 Reside at a specific address
1.6.3 Abide by curfew
1.6.4 Hand in passport
1.6.5 Wear an electronic tag
1.6.6 Sureties
1.7 Things which must be considered:
1.7.1 Seriousness of offence
1.7.2 Previous convictions
1.7.3 Family ties
1.7.4 Job commitments
1.7.5 Complied with bail in the past?
1.7.6 Strength of evidence against them
1.8 If bail is refused then a further application can be made to the Crown Court
1.8.1 Defendant can also appeal
2 Types of offences
2.1 Summary Offence
2.1.1 Tried in Magistrates' Court
2.1.2 eg. driving w/o insurance, taking vehicle w/o consent, common assault
2.2 Triable Either Way Offence
2.2.1 Tried in Magistrates'/Crown Court
2.2.2 eg. theft, assault causing ABH, obtaining property by deception
2.3 Indictable Offence
2.3.1 Tried in Crown Court
2.3.1.1 Under s.51 Crime and Disorder Act 1998
2.3.2 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
5.1 Least serious offences
5.2 Criminal Justice Act 1991 set current fines
5.2.1 Level 1 - £200
5.2.2 Level 2 - £500
5.2.3 Level 3 - £1000
5.2.4 Level 4 - £2500
5.2.5 Level 5 - £5000
5.2.6 £20,000 for businesses
5.3 Max. 6 months for 1 offence
6 Triable Either Way Trials
6.1 Defendant asked if plead guilty or not guilty (plea before venue)
6.1.1 Yes - goes to Crown/Magstrates
6.1.2 No - mode of trial
6.1.2.1 Magistrates decide whether to accept jurisdiction
6.1.2.1.1 Decline - sent to Crown
6.1.2.1.2 Accept - defendant can elect place of trial
7 Three Tiers
7.1 First Tier
7.1.1 High Court + Crown Court
7.1.2 Separate judges for civil + criminal work
7.1.3 Deal w/ all categories of crime triable on indictment
7.2 Second Tier
7.2.1 Crown Court only
7.2.2 High Court judges sit here to hear criminal cases
7.2.3 All categories of crime triable on indictment
7.3 Third Tier
7.3.1 Only Circuit judges + Recorders
7.3.2 Most serious cases NOT tried here as there is no High Court judge
8 Criminal Appeals
8.1 Magistrates
8.1.1 Can be made to Crown/High Court
8.1.2 Appeal to Crown can be made against conviction or sentence
8.1.2.1 Only if defendant pleads not guilty
8.1.2.2 No jury
8.1.2.3 If appeal fails there is opportunity to appeal to High Court
8.1.3 Appeal to High Court can be to examine a point of law or procedure
8.2 High Court
8.2.1 CPS or defendant can appeal on point of law or by judicial review against the procedure or sentence
8.2.2 Case stated by written notice within 21 days - must state reason for appeal
8.3 Court of Appeal
8.3.1 Hears appeals from Crown + Magistrates
8.3.2 Appeals against conviction and sentence
8.3.3 Can QUASH decision, VARY length of sentence or order RETRIAL

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