G51 Criminal Courts (Bail, pre-trial procedures and criminal appeals.)

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  • Created on: 30-03-14 15:29
Give an example of a summary offence?
Assault and criminal damage under £5000.
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Give an example of a triable either way offence?
Theft, actual bodily harm.
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Give an example of an indictable offence?
Murder, manslaughter, robbery, burglary.
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Where do all categories of offence start?
magistrates court.
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What is an Early Administrative Hearing?
A hearing conducted by a single lay magistrate or a clark to the court. The aim is to discover if D wants legal aid, for the mag to request pre-sentencing reports, request medical records, whether D gets remanded into custody/bail & organise witness
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What is the benefit/purpose of an EAH?
saves time and prevents unnecessary delays.
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Where are all summary offences tried?
Magistrates court.
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Where are all indictable offences tried?
Crown court.
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Process for Triable either way offences?
Plea before venue, mode of trial, defendants election (if not guilty plea). If guilty plea, D has no right to request trial in crown court, but can be sent there for sentencing.
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How is magistrates jurisdiction of a case decided in triable either way offences?
S. 19 Magistrates Court Act 1980.
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What Act governs police bail?
S.38 PACE 1984 (as amended by the Criminal Justice and Public Order Act 1994)
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Who can grant police bail?
Custody Officer.
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When can the custody officer refuse bail?
When suspects name/address can't be established, doubt to name and address.
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Types of conditions of police bail?
Surrender passport, report to station regularly, provide a surety.
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When can conditions be imposed for police bail?
Make sure suspect surrenders to bail, doesn't commit another offence, doesn't interfere with witnesses or evidence.
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What happens if police are not prepared to allow bail?
The D is brought in front of the magistrates court at first possible opportunity, so then the Mag make the decisions.
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What is bail governed by?
Bail Act 1976.
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What section of the Bail Act gives the presumption of Bail?
Section 4.
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In what circumstances can the magistrates not grant bail?
If they had substantial grounds for believing the D would fail to surrender, commit crime, interfere with witnesses, obstruct course of justice (interfere with evidence)
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Factors deciding whether to grant bail?
Nature/seriousness, antecedent (past criminal record), who D is associated with, community ties, previous bail behaviour and strength of evidence against D.
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Conditions of Bail in magistrates?
Surrender passport, report to police station regularly, surety, stay in bail hostel, restraining order, curfew/electric tag
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Why must bail be available even in serious cases?
Bacuse our human right is a right to liberty, and right to bail is part of that so it must be available.
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What Act governs offences whist on bail principle?
S.14 Criminal Justice Act 2003.
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What act governs bail for drug users?
S.19 Criminal Justice Act 2003.
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Where can be bail granted for murder cases?
Crown court as stated by S.56 Crime and Disorder Act 1988.
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What methods can be enforced to protect the public whilst someone is granted bail?
Bail hostels (for people with no fixed address), Curfews (including electric tags), Prosecution (can be prosecuted for not surrendering to bail.)
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A02 for public protection methods regarding bail?
July 2007, 6 murders committed whilst on bail and 1000 violent crimes. Too many people are refused bail, 20% people in prison are on remand. 60% of those convicted get non custodial sentences.
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Can D appeal for bail?
Yes but only make one further appeal application for bail to the magistrates court. The appeal is made in the crown court.
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What Act gives the prosecution the right to appeal to a judge at the crown court against the granting of bail to all offences punishable with inprosionment?
Bail (Amendment) Act 1993.
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How many Magistrates Courts in England and Wales?
330.
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Criminal Jurisdiction of Magistrates court?
Summary cases, triable either way offences if required, first hearings of indictable cases, deal with side matters (e.g. bail/warrrants for arrest), try cases in youth court where D's are 10-17.
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Civil Jurisdiction of magistrates?
Enforcement orders (council tax demands/warrants of entry to utility authority), family cases (protection against violence orders/maintenance orders), appeals against licences for alcohol refusal, welfare of children proceedings (Childrens Act 1989)
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Procedure of Youth Court?
Private, press cannot publish details of children, less formal procedure, any child under 16 must have parents/guardian present. Magistrates who sit in YC must be under 65, had special training, be at least 1 male and 1 female.
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Where are young offenders tried for indictable offences?
Crown Court.
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What is an indictment?
A document that formally sets out the charges against a Defendant. Can be drawn up for any offence that the witness statements reveal as well as original charges.
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What is the Criminal Procedure Rule?
Came into force in April 2005, the overriding objective of the Rules is that 'criminal cases be dealt with justly'.
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What is disclosure by the prosecution under the Criminal Procedure and Investigations Act 1996?
Prosecution must disclose any previously undisclosed information which may be considered capable of undermining the case for the prosecution against the accused.
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What is disclosure by the defence under the Criminal Procedure and Investigations Act 1996?
A written statement to prosecution setting out: 1. Nature of accused's offence. 2. Matters of fact which he takes issue with prosecution. 3. Any point of law he wishes to take and case authority relied on.
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What is a Plea and Case Management Hearing?
Used to find out whether the D pleads guilty or not guilty.
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If D pleads guilty, what is the procedure in court?
Judge will sentence the D immediately if possible. This means they do not have a long wait for their case to come to court.
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If D pleads not guilty, what matters have to be dealt with prior to the trial?
Defence & prosecution identify key issues, facts and law involved in the case. Organise the actual trial (e.g. whether to have witnesses and should witnesses be video linked?)
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What does 'active case management' involve as encouraged by the Criminal Procedure Rules.
Early identification of the real issues and needs of witnesses, early setting of timetable for the case, maintaining progress of case, ensuring evidence is presented clearly, discouraging delay, encouraging pps to cooperate, making use of technology.
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Give an example of a triable either way offence?

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Theft, actual bodily harm.

Card 3

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Give an example of an indictable offence?

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Card 4

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Where do all categories of offence start?

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Card 5

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What is an Early Administrative Hearing?

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