Criminal Courts and Procedure Q3

Question 1

Bail

Answer 1

• Bail is the release of D from custody whilst awaiting trial.
• Under s4 Bail Act 1976 there is a general right to bail, but it could be subject to conditions or restrictions.
• Bail can be granted by the police any time after being arrested or by the Courts (Magistrates and Crown).
• There are two types of bail: unconditional or conditional e.g. surrender passport, report to police station, put up a surety, etc.

Question 2

Burden of Proof

Answer 2

• Prosecution must prove D is guilty beyond reasonable doubt.
• D is innocent until proven guilty.

Question 3

Introduction to procedure

Answer 3

• The defendant will first be arrested or questioned by the police.
• During the investigation, the defendant is entitled to receive legal advice under PSAAS.
• Once the police have made their enquiries and gathered enough evidence, they will pass this on to the Crown Prosecution service who will decide whether or not there is enough evidence to formally charge the defendant.
• In order for a criminal case to come to court, the defendant must be either charged with an offence.

Question 4

Trial Procedure

Indictable (s18 GBH with intent)

Answer 4

Magistrates Court

• Early administrative hearing: deals with issues of legal funding and bail. NO PLEA GIVEN AT THIS TIME.
• D’s case is then automatically transferred to the Crown Court.

Crown Court:
 Plea and Case Management Hearing: D pleads guilty or not guilty.
 If guilty:
o D’s case will be adjourned for pre-sentence reports before the Judge passes sentence.
 If not guilty:
o There will be a pre-trial review where issues that will affect the length or management of the trial (such as number of witnesses) are discussed before a date is set.
o D’s case will be adjourned to prepare for trial by jury.

Question 5

Court of indictable

Answer 5

Crown

Question 6

Court of TEW

Answer 6

Magistrates or Crown

Question 7

Classification of Offences

Answer 7

• Summary offences are the least serious and are only tried in the Magistrates Court.
• Either way offences are middle range and tried in either the Magistrates or the Crown Courts.
• Indictable offences are the most serious and are only tried in the Crown Court by a jury.

Question 8

Example of summary offences

Answer 8

• Assault

- Battery

Question 9

Example of TEW offences

Answer 9

• ABH

- GBH S20 and wounding

Question 10

Example of Indictable

Answer 10

• GBH S18

- Wounding with intent

Question 11

Bail by the police

Answer 11

• Police can grant bail before charge to complete further enquiries, or after charge where D is bailed until they are needed to appear at the Magistrates Court.
• If police refuse bail, D will appear at the Magistrates at the earliest opportunity.

Question 12

Trial Procedure

-Either way (s.47 ABH or s.20 GBH/Wound)

Answer 12

-Begins in the Magistrates.
-Plea before venue hearing: D pleads guilty or not guilty.
 If guilty:
o D loses his right to choose the venue, and the magistrates listen to the facts of the case and decide if they have sufficient sentencing powers.
o If sufficient, they pass sentence (max. 2 x 6 months). If not, D is committed for sentence to the Crown Court.
 If not guilty:
o There will be a mode of trial hearing: The Magistrates begin by listening to the case facts and D’s previous convictions before then deciding whether to accept jurisdiction.
o If they accept, D chooses whether to be tried at the Magistrates or the Crown Court. If they do not accept, D will be tried at the Crown Court.

Question 13

Trial Procedure

-Summary (S.39 assault or battery)

Answer 13

-Only in the Magistrates Court.
-During the trial, D is entitled to a duty solicitor who will represent them, free of charge, for one hearing.
-On the first hearing the D will be required to enter a plea:
-Guilty plea:
o case could be dealt with at 1st appearance.
o may need to be adjourned to gather more evidence, allow D to obtain legal advice, or for pre-sentence reports.
o If D pleads guilty but disputes the facts, there would be a Newton Hearing to clarify before sentencing.
 -Not guilty plea:
o trial will be heard and decided by the Magistrates.

Question 14

Bail by the Courts

Answer 14

• Bail can be refused if D might fail to surrender or commit further offences, etc.
• The courts consider the seriousness of the offence and D’s previous convictions, etc.
• D may not get bail if he is already on bail when he commits the offence.

Question 15

Court for summary

Answer 15

Magistrates