AQA unit 2 Law - Criminal Procedure - Flashcards in A Level and IB Law

What happens at the preliminary hearing in a summary offence?

The charge will be put to D by the legal adviser, who asks how he pleads. If GUILTY - D will be sentenced straight away. If NOT GUILTY - the court will be adjourned for either: a pre trial review hearing, for a trial on a date fixed there and then.

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what can D apply fo bail under? (act)

Bail Act 1976

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what can D apply for if he pleads not guilty?

D can apply to the LAA (lgal aid agency for legal aid, which is public fuding for representation

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What is the procedure in an either way offence if D pleads guilty?

1. there will be a PLEA BEFORE VENUE. (GUILTY). 2. The Magistrates will then hear facts and decide if their sentencing powers are sufficient. 3. If they are sufficient, they will sentence, if not they will send to the crown court to sentence.

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What is the procedure in an either way offence if the D pleads not-guilty?

1. PLEA BEFORE VENUE (NOTGUILTY). 2.MODE OF TRIAL HEARING- where magistrates decide whether to accept jurisdiction. 3. if jurisdiction is refused the trial is held at crown court. If it is accepted the D will elect place of trial.

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What happens at the Magistrate court in an indictable offence?

the defendant and prosecution have a DUTY OF ENGAGEMENT under the criminal procedure rule. The PLEA AND TRIAL PREPARATION HEARING will be set. D can apply for bail. the D is likely to be represented by a solicitor and he can apply for Legal aid

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What happens at the crown court in an indictable offence?

At the PTPH the formal charge will be put to D, who confirms how he pleads. if GUILTY, he will be sentenced straight away by the judge. if NOT-GUILTY, the judge will set a date, give directions about issues of trial etc. There is a judge and jury.

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What is Bail?

Bail is where the defendant is allowed their liberty whilst awaiting the next stage of the case.

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what are the options that the court can take when granting bail?

they can: 1. grant bail unconditionally, 2. refuse bail and remand in custody, or 3. grant conditional bail

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what does the bail act 1976 say about bail?

there is a presumption in favour of bail.

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what will the court take into account when granting bail?

1. the nature and seriousness of the crime, 2.the character of the defendant, past criminal records, ties withing the community, 3. how he responded to bail in the past, 4. the strength of the evidence against the defendant.

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Why will the court refuse bail?

if they believe D would: 1. fail to surrender to custody (ABSCOND), 2. commit an offence whilst on bail, 3. interfere with witnesses or obstruct the course of justice, 4. be at risk from the public, or a suicide risk. so it is for his safety.

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what are the conditions the court may impose upon D when granting bail?

1. passport surrender, 2. reporting regularly to the police station, 3. curfews, 4. resedence e.g. at a bail hostel, 5. not contacting witnesses, 6. providing a surety.

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What is the burden of proof?

the obligation to prove the D committed the crime. In criminal cases the prosecutor has the burden of proof. The prosecution has to provide evidence to prove D committed the actus reus and has the mens rea for the crime he is charged for.

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what is the standard of proof?

the level that the prosecution must prove the case at. in criminal cases it is BEYOND A REASONABLE DOUBT. the prosecutors have to satisfy the jury or magistrates 'so they are sure'. if it is not provided then the defendant must be acquitted.

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AQA unit 2 Law - Criminal Procedure

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