The Criminal Courts: procedure and sentencing Flashcards
What is the role of magistrates in determining the mode of trial?
Magistrates need an indication of the likely plea to decide if they can deal with the case themselves or if it should be sent to the Crown Court.
What happens if a not guilty plea is indicated?
The court clerk will ask the prosecutor to make representations regarding the complexity and/or seriousness of the offence(s).
What is the outcome if magistrates cannot deal with a case?
The case will be sent to the Crown Court.
Can a defendant choose to go before a Crown Court even if magistrates can deal with the case?
Yes, the defendant can still choose to go before a Crown Court.
What do magistrates decide if a guilty plea is indicated?
They decide whether they have the power to impose an appropriate sentence.
What is the procedure for indictable offences?
The charge is read at the Magistrates’ Court, but the defendant is not required to enter a plea until appearing in the Crown Court.
What happens after a guilty plea is entered in the Crown Court?
The judge may sentence immediately or may adjourn for a pre-sentence report.
What occurs if a not guilty plea is entered in the Crown Court?
The case will be adjourned to a date for trial.
What does the Bail Act 1976 state about bail?
There is a general right to bail, which can be granted by the courts or the police.
What is street bail?
Street bail is when police officers grant bail following arrest at locations other than a police station.
What happens when bail is granted?
The person is released from custody until the next court or police station date.
Why might bail be refused?
Bail may be refused if the police or court believes the defendant will abscond, commit an offence, or interfere with the justice process.
What are the two types of bail?
Conditional bail and unconditional bail.
What can the police and courts impose to ensure defendants attend court while on bail?
Requirements necessary to ensure attendance, prevent offences, and avoid interference with witnesses
These requirements are known as bail conditions.
What must bail conditions be in order to be imposed?
Specific, justifiable, likely to be effective, and capable of being enforced
Conditions should be tailored to the individual case.
What are the two types of bail conditions that can be imposed before release?
- Surety
- Security
Surety involves a monetary payment while security is backed by an asset.
What happens if a defendant breaks a security condition?
The security may be forfeited
This means the asset used for security could be lost.
List some post-release conditions that may be imposed on a defendant.
- Reporting to the police at given times
- Living at a stated address
- Staying away from certain people or places
- A curfew with an electronic tag
These conditions aim to ensure compliance and reduce re-offending.
What can happen if a defendant is reported for breaching a bail condition?
He can be arrested and brought before the Magistrates’ Court
This may lead to losing the right to bail and being placed on remand.
What is the consequence of failing to appear in court as required?
It is a criminal offence and may lead to prosecution
This highlights the seriousness of compliance with bail conditions.
Under what circumstances will a defendant usually be released on unconditional bail?
If unlikely to commit further offences, will attend court, and will not interfere with the justice process
This is a more lenient form of bail.
What is a Representation Order?
A Representation Order provides legal representation by a solicitor and, if necessary, a barrister in criminal cases. It requires the defendant to meet certain financial conditions.
What must a defendant do to qualify for a Representation Order in the Magistrates’ Court?
The defendant must meet specific financial conditions, which are detailed in Unit 1B,
In which court is it automatically in the interests of justice to be legally represented?
In the Crown Court, it is automatically in the interests of justice to have legal representation.
