Magistrates Court [Criminal] Flashcards
Define ‘Summons’
A document sent in the post to the accused person. It tells them they must attend at Court on the date given in the letter. Normally used for less serious crimes, for example minor driving offences
What is ‘Arrest & Warrants’
Police will arrest people who they believe is committing a crime, has committed a crime, or is about to commit a crime. Or, they can be given a warrant to arrest a named person. they can also have a warrant to search property occupied by the suspect. The police will question and investigate, sometimes taking DNA and finger prints
Define ‘Police Bail’
After the suspect has been charged, the police may allow them to have bail
Give some examples of ‘Bail Conditions’
- Surrender of Passport
- Curfew
- Wear an electronic tag
- Report to police station every-so-often (will be told how often)
- Surety
- Stay in a bail hostel
Why may someone be refused bail?
- Danger to the public
- Lots of previous convictions
- Flight risk (may leave the country)
- Broke previous bail conditions
Who are the Crown Prosecution Service (CPS) and what do they do?
- Responsible for prosecuting most cases in the criminal courts
- Advise the police on correct charges when the police are charging the suspect
- Decide if a case has enough evidence to go to court
What is the ‘Code’ for Crown Prosecutors
1) The Evidence Test - is there a realistic prospect of conviction
2) Whether it is in the public interest to prosecute
What are Duty Solicitors and what do they do?
The accused in police custody have the right to consult a lawyer, or to see their own lawyer. Duty Solicitors are free.
What are Duty Solicitors and what do they do?
The accused in police custody have the right to consult a lawyer, or to see their own lawyer. Duty Solicitors are free. The lawyer will give them advice, and they are also available for the Magistrates Court
What is Legal Help?
Provided by local solicitors and funded by the Legal Services Commission. Legal Help is only available to people on very low incomes, and is therefore free to them
What are the Classification of Offences?
Summary
- Minor Crimes
Triable-either-way
- Middle-Range Crimes
Indictable
- Serious Crimes
Describe the Magistrate Sentencing
- Custody (imprisonment)
- Community Orders
- Unpaid Work
- Curfew
- Supervision
- Drug/Alcohol Treatment
- Fines
- Discharges (Conditional/Absolute)
What appeal routes are available from the Magistrates Courts?
- To Crown Court (defence only)
- To High Court (prosecution & defence on point of law)
- From High Court to the Supreme Court (point of law)
