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Criminal Courts

emilyyoung212 Law AS Level English 5.0Average rating 5.0 out of 5 (1 rating)

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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

Information

Description
Unit 1 - English Legal System
Created by
emilyyoung212
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Average rating 5.0 out of 5 (1 rating)

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