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Law > Criminal procedure and sentencing > Flashcards

Criminal procedure and sentencing Flashcards

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1
Q

Define bail

A

Where the defendant will be released from custody and granted their freedom whilst awaiting trial

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2
Q

What does s4 of the Bail Act 1976 say?

A

That there is a presumption in favour of bail

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3
Q

All suspects can apply to who for bail?

A

The magistrates court

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4
Q

What are the 4 reasons why D might be refused bail?

A

Abscond (run away), Re-offend whilst on bail, Interfere with witnesses or if the offence is very serious

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5
Q

When making a decision whether to grant bail or not, what factors will the court take into consideration (as set out in the bail act 1976)

A

The nature of the offence, likelihood of conviction, strength of evidence and D’s character, previous convictions and community ties

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6
Q

Give 5 examples of conditions that can be imposed on a defendant who has been granted bail

A

Surrendering a passport, reporting to the police station, residence (home address or bail hostel), Curfew or paying a surety

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7
Q

What is a surety?

A

Money promised to the court by a family member if D fail to attend their trial

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8
Q

What is the term for refused bail and D being held in custody?

A

Held on remand

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9
Q

What are summary offences and give an example of one

A

The least serious offences e.g. Assault

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10
Q

Where are summary offences heard and by whom?

A

Magistrates court by 3 magistrates

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11
Q

What is the first hearing that D will attend? (summary offence procedure)

A

A preliminary hearing

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12
Q

What 3 things happen at a preliminary hearing?

A

Charge is outline, D will confirm his name and address, D will plead guilty or not guilty

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13
Q

If D pleads guilty at the preliminary hearing what happens next?

A

D will be sentenced by Magistrates for up to 6 months imprisonment and/or unlimited fine

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14
Q

If D pleads not guilty what will they do?

A

Apply for legal aid/representation and bail

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15
Q

Why might D be refused bail? (Procedure of summary offences)

A

Risk of absconding, re-offending, interfere with witnesses or if offence is very serious

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16
Q

If D is granted bail, what conditions might he have to adhere to? (Procedure of summary offences)

A

Surrendering passport, reporting to police station, residence, curfew or surety

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17
Q

If D is not granted bail what will happen? (Procedure of summary offences)

A

He will be held on remand

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18
Q

What happens after bail is granted or refused? (Procedure of summary offences)

A

Case adjourned and a date is set for trial at the magistrates court

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19
Q

What will happen in the trial? (Procedure of summary offences)

A

Magistrates will hear the evidence, decide a verdict and sentence D

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20
Q

Give an example of a triable either way offence and where are they heard?

A

ABH, the magistrates or crown court

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21
Q

What type of hearing occurs first? (Procedure of TEB offences)

A

A preliminary hearing

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22
Q

Where will the preliminary hearing be heard? (Procedure of TEB offences)

A

Magistrates court

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23
Q

What 3 things happen at the preliminary hearing? (Procedure of TEB offences)

A

Charge is outlined, D will confirm his name and address, D will plead guilty or not guilty

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24
Q

If D pleads guilty at his preliminary hearing, what will happen next? (Procedure of TEB offences)

A

D will be sentenced by magistrates to either 6 months imprisonment and/or an unlimited fine

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25
Q

What will happen if D requires a longer sentence? (Procedure of TEB offences)

A

The case can be transferred to the crown court for sentencing

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26
Q

If D pleads not guilty what will happen?

A

The same procedure will be followed in terms of legal aid and bail as summary offences

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27
Q

What is the second hearing which D must attend? (Procedure of TEB offences)

A

Mode of trial hearing

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28
Q

Where do mode of trial hearings take place? (Procedure of TEB offences)

A

Heard in the magistrates court

29
Q

What is the purpose of a mode of trial hearing? (Procedure of TEB offences)

A

To assess the seriousness of offence and D’s preference

30
Q

What will happen once a court has been selected? (Procedure of TEB offences)

A

A date will be set for trial

31
Q

If the Crown Court is selected for D’s trial, what must be prepared? (Procedure of TEB offences)

A

Committal papers

32
Q

What are indictable offences and give an example of one

A

The most serious offences e.g. Murder

33
Q

Where are indictable offences heard?

A

Crown Court

34
Q

What hearing will D have to attend first? (Procedure of indictable offences)

A

Preliminary hearing

35
Q

What 3 thing occur at a preliminary hearing? (Procedure of indictable offences)

A

Charge is outlined, D will confirm his name and address and case will be transferred to the crown court

36
Q

What is the second hearing which D will attend and where will this be heard? (Procedure of indictable offences)

A

Plea and case management hearing in the magistrates court

37
Q

If D pleads guilty at his plea and case management hearing what will happen? (Procedure of indictable offences)

A

The case will proceed directly to sentencing in the crown court

38
Q

If D pleads not guilty at his plea and management hearing what will happen next?

A

The same procedure for legal aid and bail application as in the other offence proceedings

39
Q

What happens after D has been granted/refused bail? (Procedure of indictable offences)

A

A date will be set for trial at the crown court

40
Q

What will the court look at in preparation for the trial? (Procedure of indictable offences)

A

D’s mental state, witnesses, evidence, and any legal issues

41
Q

Who will hear D’s case in the crown court? (Procedure of indictable offences)

A

A judge and jury

42
Q

Which section of which act outlines the aims of sentencing?

A

S142 of the Criminal Justice Act 2003

43
Q

What are the 5 aims of sentencing?

A

Punishment of offenders (retribution), Reduction of crime (by deterrence), Reform and rehabilitation of offenders, Protection of the public, Reparation

44
Q

What is the purpose of retribution?

A

To punish D for their crime

45
Q

What is the purpose of deterrence?

A

Reduction of crime by causing fear of punishment or to prevent D from re-offending

46
Q

What is the purpose of rehabilitation?

A

To reform D into a law abiding citizen

47
Q

What is the purpose of protection of the public?

A

To keep the public safe from D

48
Q

What type of sentence is D likely to receive for retribution?

A

Custodial sentence or heavy fine

49
Q

What time of sentence is D likely to receive for deterrence?

A

Custodial sentence or heavy fine

50
Q

What type of sentence is D likely to receive for rehabilitation?

A

Community order (where D is required to go to rehab)

51
Q

What type of sentence is D likely to receive for protection of the public?

A

Custodial sentence or a community order with a curfew

52
Q

What type of sentence is D likely to receive for reparation?

A

Community order of unpaid work or giving V/V’s family some money

53
Q

What are the types of sentence available to the court?

A

Custodial sentence, fine, community order or discharge

54
Q

What does S152 of CJA 2003 state that custodial sentences should be used for?

A

Most serious offences, indictable offences such as murder or S18

55
Q

What does a custodial sentence involve?

A

A term of imprisonment

56
Q

What type of fine can now be imposed by the magistrates and crown court?

A

Unlimited fines

57
Q

Where are fines paid to?

A

The state

58
Q

What type of offences are usually punishable by fine?

A

Less serious offences, summary offences such as assault

59
Q

What will happen if D fails to pay their fine?

A

This will result in a community order

60
Q

How are community orders tailored to individual defendants?

A

By attaching conditions

61
Q

What are some examples of attaching conditions on a community order?

A

Unpaid work, curfew, rehab, residence, treatment for mental health, supervision

62
Q

What are the two types of discharge?

A

Conditional and absolute

63
Q

What is a conditional discharge?

A

Where D is not punished however must not re-offend within a set time or they will be imprisoned

64
Q

What is an absolute discharge?

A

Where the verdict of guilty is sufficient punishment as D i morally blameless

65
Q

What are the 2 types of factors that will affect sentencing?

A

Aggravating and mitigating

66
Q

What do mitigating factors do?

A

Make the crime less serious, make D less blameworthy and make the sentence less harsh

67
Q

What do aggravating factors do?

A

Make the crime more serious, make D more blameworthy and make the sentence more harsh

68
Q

Give examples of aggravating factors

A

Previous convictions, pre meditation, weapon, racist/homophobic attack, serious injuries, V is vulnerable, offence committed while on bail

69
Q

Give examples of mitigating factors

A

Difficult home life, D is very old/young, Co-operation with the police, guilty plea, keen to make amends, showing remorse, first time offender, D suffers mental illness, no previous convictions

Law (25 decks)

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