AQA Law 02 criminal courts procedure and sentencing

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Courts procedure

D is arrested and charged by police, who can release on bail (Bail Act 1976) or remand in custody for further enquiries.

CPS advise police on if there's enough evidence to proceed, based on public interest tests. All offences first appear in Magistrates court, where they may be represented by a duty solicitor. 

Magistrates decide on if D recieves legal aid and if they're relesased on bail...

(this first part of the procedure is the same for summary, either way and indictable offences)

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Summary offence

... first hearing allows D to enter plea.

if guilty: senenced immediatley or case adjourned.

if not guilty: may be adjourned for D or witness' to seek legal advice.

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Either-way offence

... plea before venue is held where D asked if guilty/not.

if guilty: may be sentenced in Magistrates or case may be sent to crown court.

if not guilty: Magistrates do a 'mode of trial' hearing' to decide where case will be heard.

D can elect or Magistrates can decide their powers are insufficient, to send case to Crown, where there will be a plea and directions hearing then case adjourned for trial by jury.

D can elects for Magistrates/ they accept jurisdiction: case adjourned for trial.

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Indictable

... case transfered to Crown court for plea and directions hearing (Crime and Disorder Act 1998)

if plea guilty: judge pass' sentence

if not guilty: case adjourned where jury will decide guilt/innocence. if found guilty - judge pass' sentence.

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Bail

Can be granted by police or court. S.4 Bail Act 1976 gives general right to bail, but can be refused on reasonable grounds that: D may abscond and not attend trial, D may commit further offence, D may interfer with witness'. They also consider: the nature of the offence, D's previous convictions.

Bail can be unconditional, or conditional such as: surrender of passport, regular reporting to a station, electronic tag, stayign at a permenant address, having a surety.

It is an offence to fail to answer bail, and to not attend your trial.

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Burden and Standard of proof

Burden of proof is on the prosecution, to prove guilt.

Standard of proof for criminal offences is to be proven beyond all resonable doubt.

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Aims of sentencing

Retribution: D is punished for breaking the law (all sentences involve this aim to a certain extent)

Deterrence: individual (to prevent re-offending), general (deter others from offending)

Rehabilitation: to reform and help integrte offender back into society (e.g. community sentence)

Protection of public: Criminal justice act 2003 can extend sentence is significant risk to public

Reparation: ensure the offender ammende (e.g. compensation)

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Factors in sentencing

guidelines for sentencing are ser out bu Sentencing Guidelines Council, which includes 'Tariffs' (averages for that offence)

- maximum sentence is considered. e.g. S.47/S.20 = 5 years, S.18 = life.

Aggravating factors (worsen sentence) examples from Criminal Justice Act 2003: previous similar convictions, offencec comitted on bail, offences that involve race/religion/sexuality/disability, offence against a vounerable V (yooung/old), offnce by a group, offence by abuse of trust (doctor), use of weapons, repeated attacks, offfence commited under influence of drugs.

Mitigating factors (lessen sentence) examples from Criminal Justice Act 2003: first offenders, very young/old, D vounerable/easily influenced, D expressed remorse or tried to compensate V, difficult circumstances, plea of guilty at first oppertunity (reduces by 1/3), provocation by V.

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Sentences available

custodial: imprisonment - immediate/suspended, fixed term/indetminate 

community sentence:Criminal Justice Act 2003: any requirements necesarry, reflecting seriousness of offence.

community order: community punishment order (unpaid work), community rehabilitation order (supervision of probation officer), curfew requirement, drug rehabilitation/treatment.

financial: fines (maybe via attachment of earnings order), compensation.

discharge: absolute/conditional (if offence commited in certain time perios, can be reinstated for offence)

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