Offences Flashcards
What are the three types of offences?
Summary offences
Either way offences
Indictable offences
Summary offences:
magistrates court
assault or battery
6 months imprisonment maximum
Either way offences:
magistrates or crown court
ABH and s20 GBH
5 years maximum imprisonment
Indictable offences:
Crown court
GBH s18
life imprisonment
Arrest warrant definition
Where the court gives an order to arrest someone
Search warrant definition
An order from the court to allow the police to such a premises
Bail definition
Defendant is realised from custody pending their next court hearing
Burden of proof definition
On the prosecution to prove that the defendant is guilty
Standard of proof definition
The level to which the evidence has to be proved - ‘beyond reasonable doubt’
What is the jurisdiction for the magistrates and crown court?
Magistrates - issue search and arrest warrant, hear applications for bail, try all summary offences and some either way offences and they have administration hearings for indictable offences.
Crown - appeals from the magistrates court, sentence for the magistrates when the magistrates power are limited and try all indictable and some either way offences.
Burden of proof:
The defendant is presumed not guilty until proven guilty
The defendant doesn’t have to prove their innocence it is up to the prosecution to put together a case which establishes the defendants guilt
Standard of prof is high - defendant is guilty beyond resonance doubt
Bail:
Provision laid out in Bail Act 1976
Application for bail is heard by the magistrates court
Bail can be refused
Two types: unconditional and conditional
Give some examples of bail
surety. security, curfew, electronic tags, station. away from certain people and places
