The Courts

Question 1

what is the maximum fine in a mags?

Answer 1

5 grand

Question 2

Under what circumstances would a juvenile be tried in crown?

Answer 2

Murder
Causing or allowing death of a child or vulnerable adult
Firearms offences that carry a minimum mandatory sentence
SSA
Offences carrying 14 years or more imprisonment as an adult
Joint charges with a n adult and it must be in interests to do so

Question 3

When would a juvenile be tried in mags?

Answer 3

Joint charge with adult

AIDS abets procures etc an adult to commit offence or connected with an adult

Question 4

Does the public prosecutor have to sign the requisition before issue?

Answer 4

No

Question 5

If you want to lay information to obtain a warrant, can it be done orally?

Answer 5

It can only be orally to obtain a summons otherwise for a warrant it must be laid in writing and it must be granted by a magistrate and not a clerk who can issue summons.

Question 6

Can a magistrates clerk issue a warrant of arrest?

Answer 6

No only a summons.

Question 7

Can you serve a summons in the post in Northern Ireland?

Answer 7

No must be in person. England, wales and Scotland you can do post,

Question 8

Can you issue an arrest warrant for a private prosecution?

Answer 8

Not unless it has consent of dpp.

Question 9

when can you arrest a witness?

Answer 9

1. Where evidence is provided on oath and it is in the interests of justice and the summons would not secure attendance.
2. Summons issued, proof of service, they have failed to attend court and there is no excuse.

Question 10

Do you have to show the warrant when arresting someone?

Answer 10

Only if you have it on you. Otherwise you have to tell them where they can inspect it

Question 11

If someone is convicted in mags for two either way offences, what is the maximum sentence?

Answer 11

6 months consecutive

Question 12

Should certain offences be automatically tried in crown instead of youth court?

Answer 12

No it is not about the offence but the likelihood of a custodial sentence. If there is a likelihood, it should be sent to crown.

Question 13

Is the Supreme Court bound by decisions in the European court of justice?

Answer 13

They are bound to an extent

Question 14

If there is a discrepancy around whether a case is at court in time within 6 months, who decides?

Answer 14

Magistrates.

Question 15

How many magistrates must sit?

Answer 15

At least two, neither have to be legally qualified

Question 16

There is a case involving contentious police evidence. Can police officers sit on the jury?

Answer 16

There is no reason why not

Question 17

In terrorism cases, we can withold the reasons why we are applying for a warrant of further detention in court. What rationale do we need?

Answer 17

The order to withhold information can only be made if one of the following applies:

• evidence of an offence under any of the provisions mentioned in s. 40(1)(a) of the Terrorism Act 2000 would be interfered with or harmed;
• the recovery of property obtained as a result of an offence under any of those provisions would be hindered; • the recovery of property in respect of which a forfeiture order could be made under s. 23 of the Terrorism Act 2000 would be hindered;
• the apprehension, prosecution or conviction of a person who is suspected of committing offences under the Terrorism Act 2000 would be made more difficult as a result of his/her being alerted;
• the prevention of an act of terrorism would be made more difficult as a result of the person being alerted;
• the gathering of information about the commission, preparation or instigation of an act of terrorism would be interfered with; or
• a person would be interfered with or physically injured;
• the detained person has benefited from his criminal conduct and the recovery of the value of the property constituting the benefit would be hindered if the information were disclosed (sch. 8, part part III to the Terrorism Act 2000).

No mention of national security.

Question 18

I want to do a three day lie down with an under 18. Can I do it?

Answer 18

No I can only do 24 hours with someone under 18.

Question 19

Where must a summons be delivered?

Answer 19

By leaving it at, or sending it to, an address where it is reasonably believed that he or she will receive it.

or by sending it to that address by first class post or by the equivalent of first class post

Question 20

KEEN has stood surety for her son at court when he appeared charged with a serious fraud offence. The value of the surety is £100,000. KEEN, however, is concerned her son may not attend at court and wishes to be relieved of her obligation as surety and telephones the officer in the case to ask for that.

How does she relieve herself of sureties?

Answer 20

KEEN will only be relieved of her duties as surety when she has notified the officer in writing that the accused is unlikely to surrender to custody.

The Bail Act 1976 provides that a surety may notify a constable in writing that the accused is unlikely to surrender to custody and for that reason they wish to be relieved of their obligations as surety. This written notification provides a constable with the power to arrest the accused without warrant (s. 7(3)). It is the officer who received the notification not the courts;

Question 21

Under what circumstances can you extend the custody time limit? Remand

Answer 21

Regulations 4 and 5 of the Prosecution of Offences (Custody Time Limits) Regulations 1987 (SI 1987/299) set the maximum period during which the defendant may be in pre-trial custody. These limits can be extended but in very limited circumstances: • the illness or absence of the accused, a necessary witness, a judge or a magistrate; • a postponement which is occasioned by the ordering by the court of separate trials in the case of two or more accused or two or more offences; or • some other good and sufficient cause; and • that the prosecution has acted with all due diligence and expedition

Question 22

If a judge is not available, is it a good enough reason to extend the custody time limit (remand)?

Answer 22

No

Question 23

Can a witness listen to an tape recording to refresh their memory before giving evidence in court?

Answer 23

Yes - tape recording is counted as a document but anything with sound or moving images cannot be reviewed.

Question 24

At the end of the prosecution case a solicitor makes an application to the district judge that there is ‘no case to answer’ as the evidential burden has not been met. What are the judges obligations?

Answer 24

The district judge should consider the application and when pronouncing judgment is under no obligation to give reasons.

Question 25

What is a protected witness?

Answer 25

A ‘protected witness’ for the purposes of s. 35(1) is the complainant, a witness to the commission of the offence or a child, i.e. a person under the age of 17. The offences to which s. 35 apply are part 1 offences under the Sexual Offences Act 2003 and include: kidnapping, false imprisonment or an offence under ss. 1 or 2 of the Child Abduction Act 1984; any offence under s. 1 of the Children and Young Persons Act 1933; any offence which involves an assault on, or injury or threat of injury to, any person; ss. 1 and 2 of the Modern Slavery Act 2015.

Question 26

TYLER attends at Crown Court for her trial and the jury is sworn in; however she fails to appear for the second day and has no excuse.

Can the trial proceed in her absence?

Answer 26

Yes, however her counsel should be allowed to remain to represent her. Judge’s discretion.

If the accused, having been present for the commencement of his trial, later voluntarily absents himself (ie by escaping from custody or by failing to surrender having been bailed by the court for the period of an adjournment), then the judge has a discretion to complete the trial in his absence (R v Jones [2002] UKHL 5); answers C and D are therefore incorrect. Should he be convicted, sentence may also be passed in his absence; answer A is therefore incorrect. Whether to proceed in the accused’s absence must, however, be a matter for the judge’s discretion. The alternative is to discharge the jury from giving a verdict, thus allowing a retrial to take place before a different jury once the accused’s presence has been secured.

Question 27

Can an arrest warrant be issued for private prosecutions?

Answer 27

Yes with the consent of DPP.

Question 28

If a magistrates clerk fails to read out mitigation, will this automatically nullify proceedings?

Answer 28

Yes

Failure to read out any mitigation submitted by the defendant “will” nullify the proceedings

Question 29

Can only witnesses in sex cases give evidence via live link?

Answer 29

No it can be given via live link in ANY case.

Question 30

For livelink evidence can it be witnesses within the UK as well as witnesses outside?

Answer 30

Both

Question 31

What is the criteria for a court to authorise the use of live link evidence?

Answer 31

The court must be satisfied that it is in the interests of the efficient or effective administration of justice for the person to give his or her name in this manner.