Summary Offence Procedure [Criminal Courts] Flashcards
Bail [Paragraph 1]
After a suspect has been arrested and charged, the issue of bail is then considered by the Custody Officer. Bail is where a suspect remains at liberty awaiting trial. Under s4 Bail Act 1976, there is a presumption of bail unless there is sufficient ground to refuse it like a poor bail record, possibility to reoffend or the seriousness of the offence. If bail is refused then a magistrate will consider a bail application as to whether the defendant (D) should be release don bail or remanded in custody.
Legal Assistance [Paragraph 2]
Whilst the D is being remanded, they are entitled to free legal advice under the Police Station Advice and Assistance Scheme. Depending on their income and if they pass the ‘merit test’ they may also be entitled to legal aid which provides them with free legal representation for their trial.
Initial Hearing [Paragraph 3]
As all criminal cases start in the Magistrates Court, the suspect will be brought before the magistrates. Here, the legal advisor will confirm the D’s name and date of birth and will read out the charges against them.
Guilty Plea [Paragraph 4]
The D will then be asked if they plead guilty or not. If the D pleads guilty, there will be a sentencing hearing where the magistrates will be provided with an abundance of information in a pre-sentencing report, containing any mitigating/aggravating factors. If the D disputes the facts of the case, there may be a Newton Hearing to clarify the facts which might affect sentencing prior to the sentencing hearing.
Not Guilty Plea [Paragraph 5]
If the D pleads not guilty, there will be a trial before 3 magistrates, assisted by a legal clerk, who will decide the facts of the case. When reaching a unanimous verdict, the magistrates must be certain of D’s guilt beyond all reasonable doubt and if they’re not, they must acquit. If they are, then they will convict and pass sentence [of a maximum of 6 months imprisonment or £5000 fine].
