Offences Flashcards
1
Q
What are the three types of offences?
A
Summary (CJA 1988), Either way (OAPA 1861) and Indictable (OAPA 1861)
2
Q
What are summary offences connected with
A
Assault and battery - S.39 CJA 1988
3
Q
What is the steps for summary offences ?
A
- Appear in Magistrates
- Given a duty solicitor
- Given legal aid if wanted under the Access to Justice Act 1999
- Plea
- If plead guilty, sentence
If pleaded NOT guilty, offered bail under the Bail Act 1976 - Your bail will then be chosen, if you are not given bail it may be because of flight risks, if given bail a trial will be set and you will be given conditional or unconditional bail.
4
Q
What is an example of conditional bail?
A
- Electronic tags
- Curfew
- Security
- Banned from certain areas
5
Q
What are Either way offences connected with?
A
ABH - S.47 OAPA 1861
GBH - S.20 OAPA 1861
6
Q
What is the steps for Either way offences
A
- Appear in Magistrates
- Given a duty solicitor
- Given legal aid if wanted under the Access to Justice Act 1999
- Plea before venue
- If pleaded guilty, Magistrates decide whether you can be sentenced, YES ends up with a sentence and NO ends with being sent to Crown Court.7
If pleaded NOT guilty, they can decide the venue and set a trial date, bail is the same as summary (conditional and unconditional)
7
Q
What are indictable offences connected with?
A
GBH w/ intent - S.18 OAPA 1861
8
Q
What is the steps for indictable offences ?
A
- Appear in Magistrates
- Given a duty solicitor
- Given legal aid if wanted under the Access to Justice Act 1999
- Bail under the bail Act 1974
- Sent to Crown Court
- Plea Guilty will get a sentence, plea NOT guilty will end up in a case management hearing with a new trial date being set.
9
Q
Where do all offences start in trial?
A
Magistrates.
10
Q
What are duty soliciters
A
- Qualified criminal defence solicitor who are independent from courts and police and are paid by legal services, do free for defendants.
