SGS 4

Question 1

What are the first three steps in a Bail Structure?

Answer 1

General right to bail under s.4 right to bail but Sch 1 para 2 exceptions apply / do not apply here.

Para 1A does / does not apply

There are / are no substantial grounds to believe defendant would FTS; CFOB; IWW.

Question 2

Last two steps in bail application?

Answer 2

Para 9 factors - apply to support exceptions.

(if defence) - bail conditions

Question 3

Bail conditions?

Answer 3

FTS: residence; reporting; tagging; passport surrender;

CFOB: exclusion; curfews

IWW: non contact;

Question 4

What is the first step in allocation?

Answer 4

Plea before venue (s.17A MCA 1980).

First step for an EITHER WAY offence.

Question 5

What is the second step in allocation?

Answer 5

If plead not guilty or give no indication
s.19 MCA 1980: court considers representations from prosecution and defence

are the sentencing powers of the magistrates adequate? s.78 PCC(S)A - maximum Magistrate’s sentence

Consider allocation guidelines

consider sentencing guidelines
Consider P and D submissions (aggravating, mitigating, personal circumstances)

Question 6

Allocation guidelines?

Answer 6

Sentencing clearly in excess of powers?
unusual complexity meaning should go to Crown court?
NB power to commit for sentence after trial.

Question 7

Advantages of Magistrates Court Trial?

Answer 7

Quicker
cheaper
lower sentences

Question 8

disadvantages of Magistrates Court trial?

Answer 8

No voir dire procedure,

Higher conviction rate.

Question 9

Nature and seriousness factors?

Answer 9

If accused convicted of serious offence –> more likely to receive custodial sentence –> tempted to abscond.

(defence must be realistic and accept if convicted, defendant would receive a custodial sentence due to nature and seriousness and prosecution facts)

Question 10

Characters, antecedents, associations, community ties?

Answer 10

Antecedents: previous convictions making custodial sentence more likely?

Character: personal circumstances e.g. drug / alcohol addictions.

Community ties: how likely to disappear?

Associations: friends with criminal records?

Question 11

What options are available to a defendant if the Magistrates Court accepts jurisdiction?

Answer 11

Can ask for an indication of sentence.

Consent to summary or elect to go to Crown Court.

Question 12

Power to commit for sentence after trial?

Answer 12

Contained in Powers of Criminal Courts (Sentencing) Act 2000.