Criminal Cases Flashcards
How do criminal cases start?
1
ARREST (without warrant)
Necessary to prevent a person disappearing, obtain a true name/address, ensuring prompt and effective investigation of offence, preventing person injuring himself or others, preventing a person damaging property, preventing a person from obstructing highway.
How do criminal cases start?
2
CHARGE
(A formal accusation meaning charged person will appear in court)
Usually happens in a police station.
May be arrested then charged without being under arrest.
Wording of the charge contains basic detail specifying alleged offence
*If alleged crime sexual/violent, name of victim will be in the charge
*If offence a property crime, name of owner of item(s) stolen may be in the charge and brief description of item/nature of fraud and the value of the item
Police Bail
Before deciding to charge a suspect, may be given police bail.
System administered by policy whereby person under-going investigation can be released from arrest on conditions including that they return to the station at a later date to:
- be questioned again
- charged
- told there will be no charge
If breach police bail then will be arrested.
How do criminal cases start?
3
INFO LAID BEFORE MAGISTRATE LEADING TO ARREST WARRANT/SUMMONS BEING ISSUED
Magistrate can issue an arrest warrant IF sworn written information is laid before them that that person has committed an indictable offence
Warrant can be issued with bail - must make own way to court.
If no bail, arrested person held in custody until taken to appear in court.
EU Warrants
A UK arrest warrant is needed for police to get European arrest warrant if person wanted for arrest is suspected/known to be in another EU nation.
Police there can make arrest on basis of EAW then person brought back to UK.
Bail
Bail Act 1976
System by which court grants a defendant their liberty until case’s next hearing.
As general rule, defendant who appears in court must be granted bail unless one or more of following apply:
- he/she will abscond
- likely to commit another offence
- already in prison
- likely to obstruct the course of justice
- need to be in custody for own protection
- if convicted when on bail from an earlier case
- not yet sufficient information to make decision
- risk will cause mental/physical injury to associated person or cause them to fear such injury
What is a summons?
A formal notice.
Issue of summons by MC triggered by laying information to magistrates alleging offence has been committed.
Summons then delivered to home ordering them to appear in the court on particular date.
Summons will be issued if no emergency.
How to criminal cases start?
4
Written charge & requisition notice.
Administrative procedures where some official agencies have statutory powers to send a formal requisition to a person that they should appear in court on certain date with written version of charge.
