Part 1 - Basic Knowledge of the Law, of Court Processes and of the Hierarchy of the Courts Flashcards
When do criminal proceedings start?
Because of an arrest, charge, summons, written charge and requisition, or arrest warrant.
What is the extent of information set out in a charge?
It gives the alleged offender basic details of the alleged crime, including the date, place, details or property allegedly stolen, its values and the owner’s name, and, for a violent or sexual offence, the name of the alleged victim. It means the case will be prosecuted and go to court.
What is police bail?
The system whereby police can release a person under on-going investigation on conditions, including that they return to a police station on a later date, when they may be questioned again, charged, or told there will be no charge. They can be arrested if they breach the conditions. After being charged, they can be bailed by police to attend court or may be taken there in custody.
What is a summons?
A formal document, issued by a magistrates’ court, setting out one or more crime allegations in similar detail to a charge. It requires attendance at court on a specified date to respond to the allegation(s).
What is written charge and requisition?
Where the prosecuting agency serves (usually by post) such documents (usu. summons) on the accused.
What must be noted about the offence of driving with excess alcohol?
This does not necessarily mean the defendant was ‘drunk’.
What is court bail?
The system by which a court grants a defendant his/her liberty until the next hearing, possibly subject to conditions.
Outline some typical bail conditions.
- the defendant should not live at home
- the defendant should surrender his/her passport
- the defendant should report to a police station once a week
- the defendant should not contact someone who is a witness
When can bail be refused by a court?
If the court is satisfied there are substantial grounds for believing that if bail is granted, the defendant:
- will abscond, or
- commit another offence, or
- obstruct the course of justice, or
- will, or will be likely to, cause mental or physical injury to an associated person or cause him/her to fear such injury
- if the court decides the defendant should be kept in prison for his/her own protection
- the defendant is alleged to have committed an indictable offence when he/she was on bail granted in an earlier case
- the defendant is already serving a jail sentence
- there is insufficient information to decide on bail
What is a surety?
Someone such as a relative or friend of the defendant who guarantees that he/she will ‘surrender’ to bail and agrees to forfeit a sum of money, fixed by the court, if he/she absconds.
Who is an appeal against refusal of bail by magistrates made to? Describe how it may be heard.
A Crown court judge, where the appeal hearing my be held in private/’in chambers’ although the presumption in law is that a journalist can attend it.
Outline the procedure of summary trials in magistrates’ courts. Which courts’ procedure is similar to this?
- Prosecutor makes an opening speech, describing the alleged crime.
- Witnesses testify.
- Prosecution witnesses are called first. Each is asked questions by the prosecutor to elicit their evidence-in-chief. The defence can cross-examine them. The prosecution may then re-examine them. (Normally, lawyers are not allowed to put leading questions to witnesses when they give evidence-in-chief to ensure they tell of events in their own words.)
- Once the prosecution evidence ends, the defence may submit, for any or all charges faced, that there is no case to answer.
- If the magistrates agree with this submission, they dismiss the charge. Otherwise, or if no submission is made, the trial continues.
- Defence witnesses are called. These may include the defendant, though he/she cannot be compelled to testify.
- Defence witnesses are questioned to elicit their evidence-in-chief. They can be cross-examined by the prosecutor and then re-examined by the defence.
- When the court has heard all witnesses, the defence may address the court in a closing speech, arguing how facts and law should be interpreted. Each side can address the court twice in total, in opening or closing speeches. The defence has the right to make the final speech.
- If the magistrates feel a charge is not proved, they acquit the defendant.
- If they find him/her guilty on any charge, he/she is convicted of it and the magistrates sentence the defendant or adjourn to sentence at a later date.
Outline the procedure in sentencing at a magistrates’ court.
At sentencing hearings for an offence that has been admitted, the prosecution tells magistrates details of the crime. If there is dispute about the facts, the defence version must be accepted by magistrates unless the prosecution proves its version in a Newton hearing. Otherwise, defendants who admit an offence and defendants who are convicted at trial are sentenced in the same way.
- court considers any written statement from the victim of the crime
- before sentence is passed, defendant’s lawyer can make a speech in mitigation
- defendant may ask for other offences to be ‘taken into consideration’ (crimes which defendant admits although he/she has not been charged with them, removing possibility of being prosecuted for them in the future)
- magistrates may also consider a ‘pre-sentence report’ about defendant’s background
What is mitigation?
Before sentence is passed, defendant’s lawyer can make a speech in mitigation, citing any extenuating circumstances while asking for leniency
What is the difference between previous convictions and offences taken into consideration?
Offences taken into consideration are crimes which defendant admits although he/she has not been charged with them, removing possibility of being prosecuted for them in the future.
