Criminal Procedure

Question 1

What is burden of proof?

Answer 1

It is the question of who has to prove the case. The crown (prosecution) has to prove the case. The defendant does not have to prove his defence

Question 2

What is standard of proof?

Answer 2

The question of beyond reasonable doubt. Where the jury has to be sure that the defendant is guilty. Of this cannot be proved, them the jury must find the defendant not guilty and therefore acquit him.

Question 3

When does a conviction occur?

Answer 3

When the defendant pleads guilty or is found guilty following a trial.

Question 4

What is a summary offence?

Answer 4

Relatively minor offences that are only tried in the magistrates court and the magistrates decide whether the defendant os guilty or not of the defendant pleads not guilty. The maximum sentence is 6 months (or 2 x 6 months) or £5,000 fine.

Question 5

What is an either way offence?

Answer 5

Tried on either magistrates or crown court. Most pre-trial matters are determined in the magistrates court. The more serious offences will be heard in the crown court.

Question 6

What are indictable offences?

Answer 6

The most serious offences eg. Murder, rape, robbery, which are tried in the crown court only. The jury will decide whether the defendant is guilty or not (if the defendant pleads not guilty). The judge will decide on the sentence.

Question 7

What can the magistrates’ court do?

Answer 7

• Issuing arrest and search a warrants
• Deciding on bail applications
• Conducting sentencing
• Trying summary offences
• Trying either way offences

Question 8

What can the Crown Court do?

Answer 8

• Trying indictable offences
• Trying either way offences
• Sentencing
• Hearing appeals

Question 9

For summary offences, what is the first stage of the court process?

Answer 9

The defendant is summoned to magistrates court where he will make a plea of guilty or not guilty. If he makes a plea of guilty the court moves straight to sentencing.

Question 10

For summary offences, if the defendant pleads not guilty, what is the next stage?

Answer 10

The second stage is the first hearing, where it is decided whether the defendant will be given bail or if he is kept on remand. It is also decided whether the defendant is entitled to public funding or not

Question 11

For summary offences, what is the last stage?

Answer 11

If the defendant has pleaded not guilty, then there will be a trial, where the magistrates will decide whether the defendant is guilty or not guilty. If the defendant is found guilty by the magistrates or if he pleaded guilty initially, then the magistrates will decide the appropriate sentence.

Question 12

For either way offences, what is the first stage in the court procedure?

Answer 12

The first stage is the first hearing which takes place in the magistrates court. It is here where it is decided whether the defendant will be given bail or kept on remand. Issues regarding whether the defendant is entitled to public funding are considered.

Question 13

For either way offences, what is the second stage in the court procedure?

Answer 13

The second stage is the mode of trial hearing which takes place in the magistrates court. This where it is determined which court will hear the case, the factors that help decide this are:

• Complexity of the case
• Seriousness of the case
• The likely sentence that will be given

If the magistrates are willing to deal with the case then the defendant can choose whether or not his case stays in the magistrates court or if he wants a jury in the crown court.

Question 14

For an either way offence, what happens if it is decided that the case stays in the magistrates court?

Answer 14

Theres a trial in the magistrates court where the magistrates decide on both a verdict and a sentence.

Question 15

For an either way offence, what happens if it is decide that the case will be heard in the crown court?

Answer 15

There will be a pre-trial issuest, where theres a case management hearing - the things that are discussed are:

• Witnesses
• Likely length of the trial
• Legal issues and evidence
• Any possible defences

Question 16

For an either way offence, what happens after the pre-trial issuest?

Answer 16

Ofter the pre-trial issuest, there is the trial in the crown court, where the jury decides whether the defendant is guilty or not guilty. If found guilty, them the judge will decide on the appropriate sentence. If the defendant is found not guilty, then he will be acquitted.

Question 17

For an indictable offence, what is the first stage in the court procedure?

Answer 17

The first stage will be the first hearing, which takes place in the magistrates court, where its discussed whether the defendant will be given bail or kept on remand, and if the defendant is entitled to public funding. The case if then formally transferred to the crown court.

Question 18

For an indictable offence, what is the second stage in the court procedure?

Answer 18

The second stage is the plea and case management hearing, which takes place in the crown court. It is here where the defendant pleads guilty or not guilty. If the defendant pleads guilty then the court will move straight on to sentencing. If the defendant pleads not guilty, then there will be a case management, where theres a discussion of the: witnesses, likely length of the trial, legal issues and evidence and any possible defences. After this discussion, there will be a trial.

Question 19

For an indictable offence, what happens on the last stage of the court procedure?

Answer 19

The last stage consists of a trial. If the defendant has pleaded not guilty, there will be a trial where the jury will decide whether or not the defendant id guilty. If the defendant is found guilty then the judge will decide the appropriate sentence.

Question 20

What is bail?

Answer 20

Where a person is released from custody until the next date when they must attend court or the police station.
Under the Bail Act 1976 everyone has the right to bail.

Question 21

Who can grant bail?

Answer 21

The police: the police can grant bail at either the police station or at other locations (following arrests) which is known as street bail.

Th court: court bail us dealt with by the magistrates’ court.

Question 22

What happens if bail is refused?

Answer 22

Then the defendant will be kept on remand (in prison) until the next court appearance. This is because the police or court believe that:

• The defendant will abscond
• Commit an offence
• Interfere with the witness
• Or otherwise interfere with the criminal justice process

Question 23

What are the two types of bail?

Answer 23

Conditional and Unconditional

Question 24

What is unconditional bail?

Answer 24

Where there are no conditions to the defendant’s bail other than turn up to the court date specified, as the court or police believe they wont do anything like abscond or interfere with the criminal justice system.

Question 25

What is conditional bail?

Answer 25

Where the police or courts impose conditions onto a defendants bail in order to make sure they will attend their court date and they dont do things such as offend again and abscond.

Question 26

What are the conditions that can be imposed before the defendant is released on bail?

Answer 26

• Surety
• Security
• Surrender passport

Question 27

What are post release conditions for bail?

Answer 27

The rules that the defendant must follow whilst on bail. Failure to stick to these conditions and the defendant can be taken to court which will usually result in the loosing of right to bail and then the defendant will be kept on remand.

Question 28

Examples of post release conditions for bail

Answer 28

• Reporting to the police station at curtain times.
• Living at a particular address (the defendant’s home, relatives’ home or a bail hostel)
• Staying away from curtain people or places.
• A curfew, usually monitored by an electronic tag.