CRIMINAL COURTS

Question 1

Two key criminal courts

Answer 1

Magistrates’ Court and Crown Court

Question 2

Bail

Answer 2

A form of security, either a sum of money or a promise in exchange for the freedom of an arrested person as a guarantee that they will appear in a criminal court when requested

• s4 Bail Act 1976
• can be refused if there are sufficient grounds
• conditions to be applied to the bail: to reside at a particular address, not to contact certain people (witness, victim etc), to surrender their passport to police if considered ‘flight-risk’, report to a police station at specific, agreed times each week

Question 3

Rebuttable presumption

Answer 3

Conclusion that a judge will take in court unless the contrary is raised and proven

Question 4

Jurisdiction in Mag Court

Answer 4

• tries summary and triable-either-way offences
• carries out plea-before-venue hearings for triable-either way offences
• sentence D’s if found guilty (powers limited)
• deals with first hearing of indictable offences (granting of bail/ making reporting restrictions before sent to Crown Court)
• tries cases in Youth Court for D’s aged 10-17

Question 5

Jurisdiction in Crown Court

Answer 5

• trial normally begins with a plea and case management hearing
• D will plead either guilty (sentenced) or not guilty (full trial with jury of 12 citizens)

Question 6

Crown Prosecution Service (CPS)

Answer 6

• decides which cases are to be prosecuted

- determines most appropriate offences to charge D