AS Law02 - Procedures and Bail

• Summary - an offence only dealt with by Magistrates
  • 3 magistrates no jury
    • for assault or battery

• Triable either way - offence can be tried in Magistrates or Crown court with a Jury
  • Theft, GBH s20 or s47 ABH

• Indictable - Crown court; Judge and jury only!
  • s.18 GBH

• Justice 
  • Convicting guilty and acquitting the innocent
  • dealing with the defendant and victims fairly
  • recognising the Human Rights of both parties

• Efficiency 
  • deal with a case efficiently
  • respecting the interests of all parties
  • respecting the financial cost to the government and taxpayer

• Principles found in the Criminal Procedures Rule 2005

Summons

• Charged by police
• decision to prosecute made by CPS
• summary offences will summon to magistrates
• Magistrates deal with bail
• Magistrates hold trial

Either way

• Mode of trial hearing
• application for funding heard by magistrates
• first chance to plea guilt (if guilty proceed to sentence)
• case management hearing (informs necessary details of case)
• Date is set for a trial

Indictable

• Initial bail and funding hearings at magistrates
• sent to Crown Court
• Guilty plea? - if yes proceed to sentence
• Case management hearing
• Trial and sentencing at Crown Court

Appeals

• Magistrates
• Crown
• Court of Appeal (criminal division)
• Supreme Court
• European Courts

Bail Act 1976

• Release of D from custody until his/her next court appearence

Police Bail - D is required to report to police station regularly

Court Bail - D is required to report to court for hearings

Refusal of bail 

• D must remain in custody until trial
• can be refused due to fear that a defendant may abscond, reoffend or endanger society or witnesses

IF D BREACHES BAIL THEY CAN BE ARRESTED, REMANDED AND BE PROSECUTED

Bail can be conditional or unconditional.

Conditional bail - bail with a range of conditions

• Surety - a sum of money put up; surrendered if D absconds or breaches bail terms
• Security - same as surety just with an asset such as a house
• Surrendering Passport - D cannot leave country
• Residency conditions - D must live in a specific location
• Regular reports to police
• Curfew - D must remain indoors between specific times; use of eletrical tags at some points

Unconditional bail - absolute bail with no conditions