4 Bail Flashcards
Bail conditions - acronym
CRANES BEEDS
What are the bail conditions?
Curfew Reporting Address Non-contact Exclusion Surrender passport Bail hostel Electronic monitoring Effects of breach Deposit security Sureties
to what offences does allocation apply?
EW offences only
what is the first step in allocation
initial details of prosecution case
what is the second step in allocation?
PLEA BEFORE VENUE s.17 MCA
what must MC explain to D in PBV step?
- he may indicate whether he would plead guilty or not
- if he pleads guilty…
- court may commit D to CC
What happens after explanations in PBV step?
court will ask D whether he would plead guilty or not guilty
What happens if D pleads ‘not guilty’ in PBV?
decision as to allocation under s.19 MCA
What is the key test in decision as to allocation?
whether the magistrates sentencing powers will be adequate
what will the court have regard to when determining allocation?
- any previous convictions
- representations made by P & D
- the allocation guideline
- sentencing guidelines
ADVANTAGES- summary trial
- less cost
- less time consuming
- less sentencing powers
ADVANTAGES - CC
- jury might be more sympathetic
- voir dire
DISADV - summary trial
- more case hardened - higher conviction rate
- all evidence heard
DISADV - CC
- jury (if victim)
- costs (accused may be liable to pay prosecution AND defence costs)
- slower
- higher powers of punishment
