Criminal Procedure Flashcards
What are the three criminal offences
Summary offences
Triable either way
Indictable offences
What is a summary offence
Least serious offence
They are always tried in the magistrates court
They include nearly all driving offences
Common assault
What is a triable either way offence
These are the middle range crimes
Can be tried in either the magistrates court or the crown court
Include offences such as theft, assault causing actual bodily harm (s47) and s20 offences against the person act 1861
The pre trail procedure for triable either way cases is more complicated than for summary or indictable offences as it has to be decided where the case will be dealt with
What is an indictable offence
These are the most serious crimes
Section 18 (offences against the person act 1861)
The first preliminary hearing for such an offence will be at the magistrates court, but then the case is transferred to the crown court.
All indictable offences must be tried at the crown court by a judge and jury.
What is a charge and summons
In order for a criminal case to come to court, the defendant must be either summoned for an offence or charged with an offence
What is a summons
A summons is a document that is sent to the defendant by post setting a date when he must attend the magistrates court
This is used for minor offences, especially driving offences.
It is also the method likely to be used for an offence of common assault
What is a charge
A charge is made where the defendant has been arrested by the police and the matter investigated by the police, including interviewing the defendant.
This police send the evidence to the crown prosecution service.
A crown prosecutor decides if there is enough evidence for the defendant to be charged with an offence
The charged is done verbally by the police and the defendant is also given a written record of it.
This is the method used for serious crimes
What is bail
An important pre trial matter to be decided is whether the defendant should stay in custody while awaiting their trial or whether bail should be granted.
A person can be released on bail at any point after being arrested by the police. Being given bail means that the person is allowed to be at Liberty until the next stage in the case.
What powers to the police have to grant bail
The police may relate a suspect on bail while they make further inquiries.
This means that the suspect is released from police custody in the condition that they return to the police station on a specific date in the future.
The police can also give bail to a defendant who has been charged with an offence. In this case the defendant is bailed to appear to the local magistrates court on a set date.
If any person granted bail by the police fails to surrender to that bail(attend at the next stage of the case) then the police are given the right to arrest them. About 84% of those charged with offences are given bail by the police
What is conditional bail
The police have the power the impose conditions on a grant of bail.
These types of conditions include asking the suspect to surrender his passport, report at regular intervals to the police station or get another person to stand surety for him
These conditions can be only imposed in order to make sure that the suspect surrenders to bail, does not commit an offence while on bail and does not interfere with witnesses or interfere in any other way with the course of justice
What happens when the police do not grant bail
Where the police are not prepared to allow bail, they must bring the defendant in from of the magistrates court at the first possible opportunity.
If the magistrates cannot deal with the whole case at the first hearing, the magistrates must then make a decision as to whether the defendant should be given bail or remanded in custody
What is the bail act 1967
This act starts with the assumption that an accused person should be granted bail, though this right is limited for certain cases.
Section 4 of the bail act 1968 gives a general right to bail. However, the court need not grant a defendant bail if it satisfied that there are substantial grounds for believing that the defendant, if released on bail would:
1. Fail to surrender to custody
2. Commit an offence while on bail
3. Interfere with witnesses or otherwise obstruct the course of justice.
The court can also refuse bail if it satisfied that the defendant should be kept in custody for his own protection
What does the court consider while deciding to grant bail
The nature and seriousness of the offence.
The character, antecedents, associations and community ties of the defendant.
The defendants record as respects the fulfilment of his obligations under previous grants of bail in criminal proceedings.
Strength of evidence against him.
If a D is charged with an offence which is not punishable by imprisonment, bail can only be refused if the defendant has previously failed to surrender to bail and there are grounds for believing that he will not surrender on this occasion
What are the conditions of bail
The conditions are similar to conditions that Police may set
Surrender passport
Report to police station
Can specify where the D must live whilst on bail (home address or bail hostel)
Place the D on a curfew (may include an electronic tag)
Surety – a person who is prepared to pay a set amount of money if the D skips bail. (Unlike America they don’t pay the money upfront)
What are the restrictions in bail
The right to Bail is automatic but it has the right to be restricted if the public needs to be protected this may be the case when:
The D is charged with murder, manslaughter, rape and they have already served a prison sentence for a similar offence.
They only have the right to bail in exceptional circumstances
D was on already on bail when he committed an offence
If D has tested positive for certain Class A drugs and refuses to be assessed for his drug dependency
