AS Law02 - Procedures and Bail

includes:

  • types of offences
  • principle of procedure
  • procedures
  • Bail
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  • Created by: Henry Ng
  • Created on: 29-05-12 16:57

Types of offences/Courts

  • 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
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Principle of procedure

  • 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
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Procedures - 1

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
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Procedures 2 and appeals

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
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Bail

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

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Types of bail

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

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