The Courts: Procedure And Sentencing

Question 1

Five points of criminal procedure?

Answer 1

1. Arrest
2. Charge
3. Police bail
4. Magistrates court
5. Bail

Question 2

What happens in an arrest?

Answer 2

Following an investigation, the suspect will be arrested by the police.

Under the police and criminal evidence act 1984, police may detain a suspect for up to 96 hours without charge, although in reality, most are released after a couple of hours

Question 3

What happens in the charge?

Answer 3

Once there is a realistic prospect of conviction the suspect will be charged with committing the offence.

Question 4

What happens in police bail?

Answer 4

The suspect may then be released on police bail. They will be required to attend the magistrates court at the earliest opportunity

Question 5

What happens in the magistrates court?

Answer 5

All criminal cases begin in the magistrates court. Defendants must state their name and address before pleading guilty or not guilty to the charge.
Most defendants plead guilty, after which a date will be set for sentence, those that plead not guilty will have a date set for trial. The location of the trial varies according to the type of offence charged.

Question 6

What happens at bail?

Answer 6

Once the place of sentencing or trial has been determined, the courts must decide what to do with the defendant - should he be released on bail or remanded in custody.

Bail means that a suspect or defendant remains free until their case is dealt with. It can be granted by the magistrates court or by the police.

Bail applications are governed by the bail act 1976

Section 4 of the act states that there is a general right to bail. This is because a defendant is presumed innocent until found not guilty

Bail may be conditional or unconditional

Question 7

What is unconditional bail?

Answer 7

There are no conditions attached to the bail, d must report to the police/court when required

Question 8

What is conditional bail?

Answer 8

Where conditions are attached. Conditions can be imposed to make sure the defendant attends court and does not commit offences or interfere with witnesses.

Question 9

Examples of conditions in conditional bail?

Answer 9

Exclusions - d must keep away from certain people/places
Curfews and tagging
Reporting to the police station
Surrender of passport
Sureties

Question 10

What happens if the defendant does not stick to bail conditions?

Answer 10

They are in breach of bail and are likely to be arrested

Question 11

Bail can be refused based on…

Answer 11

Seriousness of the offence

Previous bail record-whether d has previously compiled with bail

For the protection of d or public

Question 12

Bail may be refused if it is believed d will…

Answer 12

Commit an offence

Interfere with witnesses

Otherwise interfere with the criminal justice process

Question 13

What is standard of proof?

Answer 13

Where the prosecution must prove beyond reasonable doubt that d is guilty

Question 14

Summary offence
A) level of seriousness
B) court that hears the case
C) examples

Answer 14

A = least serious

B= tried in the mags court

C= assault or battery

Question 15

Either way offence
A) level of seriousness
B) court that hears the case
C) examples

Answer 15

A= mid range offences

B= tries either in mags or crown court

C= s47 ABH or s20 GBH

Question 16

Indictable offence
A)level of seriousness
B) court that hears the case
C) examples

Answer 16

A = most serious offences

B= only in crown court

C= s18 GBH

Question 17

Process for either way offences?

Answer 17

There is a plea before venue hearing in the mags court

The charge is read to the defendant and he is asked if he would plead guilty or not guilty at trial. If he answers guilty, a date is set for his sentencing hearing.

If he states not guilty there is a mode of trial hearing

Question 18

Mode of trial hearing?

Answer 18

The court hears from the prosecution and defence over whether the case is suitable for summary trial, the magistrates then consider if their sentencing powers are sufficient to deal with the offence.

If the magistrates do not accept the case, it is sent to the crown court

If the mags court accept the case it is then up to the defendent to choose whether they want the trial to be in the mags or crown court

Question 19

Why do we sentence offenders?

Answer 19

To stop them from re offending

To show others the result of crime

Punishment

The rehabilitation of offenders

Question 20

5 main aims of sentencing?

Answer 20

Retribution
Rehabilitation
Reparation
Deterrence
Protection of the public

Question 21

Explanation of retribution

Answer 21

The aim of a retributive sentence is to punish the offender. This is based on the idea of revenge I.e. Society is taking revenge on the offender for committing the offence

Question 22

Example of retribution

Answer 22

All sentences

Question 23

Explanation of rehabilitation sentence?

Answer 23

Helps an offender to solve issues that lie behind his offending. It can also be seen as ‘curing’ the offender

Question 24

Example of rehabilitation sentencing?

Answer 24

E,g, drug addicts being helped to overcome their addiction and anger management courses

Question 25

Explanation of reparation sentence

Answer 25

Offenders are making up or repairing the damage from their offences

Question 26

Example of reparation sentence

Answer 26

Paying compensation

Question 27

Explanation of deterrence sentence

Answer 27

The aim is to deter people from offending, there are two types of deterrent

Individual deterrent- aims to deter an individual from re offending

General deterrent - aims to deter everyone

Question 28

Examples of deterrence sentence

Answer 28

Individual deterrent - e.g. Young offenders given tour of adult prison

General deterrent - e.g. Long sentences and heavy fines imposed for those convicted

Question 29

Explanation of protection of public sentences

Answer 29

The public needs protection from criminals and prison removes thee criminals from the public domain by locking them up

Question 30

Example of protection of the public sentences

Answer 30

Prison

Question 31

Main types of sentences?

Answer 31

Custodial
Community
Fines
Discharge

Question 32

Explanation of custodial sentence

Answer 32

The most serious sentence

A prison sentence can only be imposed if the offence is so serious that neither a fine or community sentence can be justified.

The punishment is the removal of offenders Liberty, but can often go beyond this as prisoners’ whole lives are affected.

Sentence = max amount of time the offender will stay in prison

Less than 4 yrs = serve 1/2
More than = serve 2/3

Sometimes a sentence can be suspended, this means that D does not go to prison as long as they don’t commit any further offences within a given period e.g. No one to look after children

Question 33

Explanation of community sentence?

Answer 33

Can be tailored to needs of individual.

Various options are available:

• up to 300 hours of unpaid work such as cleaning graffiti
• drug or anger management programmes
• curfew or exclusion order, can be tagged
• residence requirement, must live at a specified place
• supervision, must attend appointments with the probation service

Question 34

Explanation of fines sentence?

Answer 34

A financial penalty is the most common type of sentence passed.
Money is paid to the state
Max fine at the mags court is £5000. Financial means of the offender must be taken into account when setting the amount of fine
Compensation orders can also be made and these are paid to the victim of the crime

Question 35

Explanation of discharge sentence?

Answer 35

Two types : absolute and conditional

Absolute means that D will have a criminal record but no further action will be taken against him

Conditional means D will have a criminal record but mo further action will be taken against him , as long as he doesn’t commit another offence within a specified time period of up to 3 years