Criminal Process

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  • Created by: erw16
  • Created on: 19-03-19 18:48

Designed to uphold laws which forbid certain types of behaviour. Indulging in those behaviours risks punishment, thereby maintaing a civilised society.

Key Courts: Magistrate's Court and Crown Court.

Key Criminal Processes: Bail, Jurisdiction in the Magistrate's Court and/or Crown Court, and the Crown Prosecution Service.

Bail

Bail should be granted under S.4 of the Bail Act 1976. After being arrested and charged with an offence, a suspect can be released on bail at the police station. Bail can be issued by the police or any court before which the defendant appears, usually either the Magistrate's Court or the Crown Court.

Bail can either be conditional or unconditional, if there are suffient grounds, bail can also be refused. Conditions for bail include, residing at a particular address, not contacting certain people e.g. victim(s) or witnesses, to surrender their passport to the police if considered a 'flight risk', or to report to a police station at specific, agreed times each week. Failure to comply can result in the suspect being arrested again and remanded in prison until their court hearing.

Jurisdiction in the Magistrate's Court

97% of all criminal cases are dealt with in a Magistrate's Court, 90% of which are concluded there.

Key Functions:

  • Trying summary offences and triable-either-way offences
  • Carrying out plea-before-venue hearings for either-way offences
  • Sentencin defendants if found guilty - powers are limited but reflect the seriousness of the crimes under its jurisdiction
  • Dealing with the first hearing of indictable offences such as the granting of bail, or making reporting restrictions before being sent to the Crown Court
  • Dealing with ancillary matters, such as issuing 'bench' arrest warrants
  • Trying cases in the Youth Court for defendants aged 10-17

Jurisdiction

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