SGS 4: Bail, Plea before venue & allocation of trial Flashcards
1. apply the exceptions to the right to bail and the factors the court must use when applying these exceptions; 2. prepare and deliver a contested bail application; 3. apply the relevant statutory provisions, the allocation guideline and the Magistrates’ Court Sentencing Guidelines and consider the practical and tactical considerations involved in determining allocation; and 4. advise a client as to the procedure for case progression in a magistrates’ court.
What is bail?
- Being released from custody of the court
- But with a duty to remand at a specified date & time
Adjournment»_space; Remand»_space; In Custody or In Bail (where trusted?)
What is contained in s4 Bail Act 1976?
- General right to bail
Where are the 4 exceptions to the general right to bail found?
- Sch 1 Part 1 Para 1A (cant rely on exception if there is no real prospect that D will be sentenced).
- Sch 1 Part 1 Para 2: (substantial grounds for belief that D would do something naughty during bail)
- Sch 1 Part 1 Para 2A (no bail if offence was indictable / either way, or if offence committed during bail)
- Sch 1 Part 1 (para 3-6)
Which factors support the ‘substantial grounds’ for believing that the defendant would fail to surrender custody etc?
- Sch 1 Part 1 Para 9
- Court has wide discretion
- Would look at things like nature and seriousness of offence, character, record for answering bail in the past, strength of evidence, risk of injury to others.
• Antecedence = ones of the paragraph 9 factors
How can the defence argue the conditions of bail?
- By using s3 of the Bail Act
- Conditions must be: REP
- Relevant, enforceable, proportionate.
- Would look at factors like curfews, electronic monitoring, ‘bail hostel’, surrender of passport, sureties (money if D absconds), deposit of security - provided by D or a 3P.
What happens if D fails to comply with terms of bail?
- Section 7
- Risk of D being arrested without a warrant
- And his bail being withdrawn.
How does the allocation process work?
- S17A MCA 1980: Plea before venue (E/W offence only). Guilty plea - s3 PCC(S)A 2000: conviction and setence, Not guilty - allocation.
- Decision to allocation - S19 MCA
How are decisions re allocations made?
- Using s19 MCA
What factors are taken into account when allocations are made?
- Sentencing powers
- Allocation guidelines
- Representations of prosecution and defence
- Power to commit to CC - s3 PCC(S)A 2000
- D previous convictions.
What statute is the case sent for CC trial on indictment under?
- S21 MCA
Which statute states that case may be suitable for summary trial in the magistrates court? How can a case be suitable for this?
- S20 MCA
- D can consent to be tried by a jury
- May still go to CC for sentence
- D may ask for indication of sentence if they do plead guilty
- If the D pleads not guilty: case can be adjourned / elect to be tried by a jury (transferred to CC)
What are the 3 main advantages of a summary trial? (magistrates court)
1) Less expensive
2) Less time consuming
3) Less severe sentences: limited to 6 months imprisonment for one offence, or 12 months for 2+ E/W offences
What are the 2 disadvantages of summary trial?
1) Higher conviction rate
2) Hear all of the evidence even if successfully excluded.
What are the 2 advantages of CC trial?
1) Higher acquittal rates - jury may be more sympathetic
2) ‘Voir de’: judge hears arguments to exclude evidence, in the absence of a jury.
What are the 3 disadvantages of a CC trial?
1) Higher powers of punishment
2) Higher costs
3) Slower and more formal procedures
4) Stress associated with the potential delays.
