WARRANTS AND SENTENCING Flashcards
1
Q
What are the main roles and responsibilities of the COPFS? (Name one)
A
1) Investigate, prosecute, and disrupt crime, including seizing proceeds of crime.
2) Establish the cause of sudden/unexplained death.
3) Investigate allegations of criminal conduct against Police officers.
2
Q
What is the COPFS
A
The Crown Office And Procurator Fiscals Service
3
Q
Who carries out an initial investigation? (In Scotland)
A
Police
4
Q
If police believe there is enough evidence for prosecution, who do they pass the case onto?
A
Procurator Fiscal
5
Q
What does the procurator fiscal do with a case they have been given by police?
A
Decide the strength of the evidence and whether it’s in public interest to take further action.
6
Q
What are the two types of criminal procedures?
A
Summary and Solemn
7
Q
Who takes forward summary proceedings?
A
Procurator Fiscal
8
Q
What is filed for a summary proceeding and who is it taken before?
A
Complaint. Taken before a Sheriff, Magistrate or Justice Sitting alone/ without a jury
9
Q
Who takes forwards Solemn Proceedings?
A
Lord Advocate
10
Q
What is Served for a solemn proceeding and who is it tried before?
A
Indictment served. Tried before a Sheriff or Judge (High court) with a Jury of 15.
11
Q
What matters do Justice of the Peace courts deal with?
A
Minor Matters
eg. Speeding, Careless driving, Breach of the Peace.
12
Q
Are Justices of the Peace Legally Qualified?
A
No, but they are advised by a legally qualified clerk.
13
Q
Justice of the Peace court judges sit with….
A
Alone or with a Bench of 3 Justices of the Peace.
14
Q
How many Sheriffdoms are in Scotland?
A
6
15
Q
What matters do Sheriff Courts deal with?
A
Summary (Sheriff/Summary Sheriff alone) or Solemn (Sheriff and Jury)
16
Q
What type of court is the High Court?
A
Court of the first instance and Trial court.
17
Q
What matters does the High Court deal with?
A
Most serious cases like rape and murder.
18
Q
Where are Appeals heard?
A
Edinburgh Only.
19
Q
What is the Court of Session?
A
Scotland’s Supreme Civil Court. (In Parliament House Edinburgh)
20
Q
What is the Outer house in the Court of Session and what’s it made up of?
A
The court of the first instance.
Made up of 22 Lords Ordinary.
21
Q
What is the Inner house in the Court of Session?
A
An Appeal Court divided into the First and Second divisions. (Presided over by Lord President and Lord Justice)
22
Q
Where does the inner house hear appeals from?
A
Outer house, Sheriff and JP Courts.
23
Q
What is the Maximum fine and length of imprisonment that can be awarded by JP Courts?
A
Fine up to £2,500.
Up to 60 days of imprisonment.
24
Q
What is the Maximum fine and length of imprisonment that can be awarded by Sheriff Courts? (Summary cases)
A
Fine up to £10,000.
Up to 1 year imprisonment.
25
What is the Maximum fine and length of imprisonment that can be awarded by Sheriff Courts? (Solemn cases)
Unlimited Fine.
Up to 5 years imprisonment.
26
What is the Maximum fine and length of imprisonment that can be awarded by the High Court?
Unlimited fine.
Up to life in prison.
27
If a Sheriff (Solemn Cases) decides the maximum sentence they can award isn't high enough, can they pass the case to the High court?
Yes
28
Why was the position of Summary Sheriff created?
to ensure cases in Scotland's courts are heard at the appropriate level, enabling sheriff to focus on solemn and more complex cases.
29
What do summary sheriff's do?
They will conduct summary trials and is able to impose appropriate sentences. (Max 1 year and £10,000 fine) May also sit in JP courts (Same powers as a JP)
30
What is the role of Judge, Sheriff, Justice of the Peace?
To make sure the law is complied with. Sentencing an accused following conviction.
31
What are the roles of Sheriff Clerk? (Name 1-2)
1) In charge of the administration and running of all cases being dealt with in Sheriff Courts.
2) Make sure court run according to appropriate court rules.
3) Responsible for recording all official documents and evidence.
4) Record decisions made in each case.
32
Where will a sheriff clerk sit?
Directly in front of the sheriff.
33
Who is the prosecutor?
In high court- Lord Advocate or Advocate depute
Sheriff Courts - Local Procurator Fiscal or one of the deputes.
34
What does the prosecutor do?
They present the evidence against the person charged with the crime.
35
What is an accused solicitor?
Person representing and defending the accused. Accused can represent themselves or nominate a solicitor to do so.
36
What does a court usher/officer do? (Name 1/2)
1) Calls court to order.
2) Calls witnesses
3) Ensures court readiness to proceed.
4) Keeps record of witness attendance.
37
What is the role of the Jury?
To hear evidence in serious criminal cases and some civil. They have to truthfully make a decision whether the accused are guilty or not guilty.
38
What do witnesses do?
They give evidence in a case.
39
What is the role of a police officer in the courtroom?
They maintain order if necessary.
40
A person may only be received and detained in a prison where the...
...Governor is satisfied that a valid warrant, order or direction exists.
41
What are the seven validation points on the warrant?
1) Court of Committal
2) Accused's Name
3) Accused's D.O.B
4) Date of sentence
5) Offence
6) Sentence
7) Clerk of courts signature
42
Where do prisoner's get processed when they first arrive?
Reception
43
What gets checked on prisoner's arrival?
1) Valuable Property
2) Money
44
What do you do if you receive a warrant which is ambiguously worded/ unclear?
Contact the court immediately for classification of it's intention. If any changes need to be made an amended extract warrant is to be requested.
45
At the start of a case, what happens if the individual pleads not guilty?
A date will be fixed for a trial when evidence will be heard. In summary cases an intermediate diet will be held a few weeks before trial to confirm trial will go ahead on allocated date.
46
What happens if individual is still pleading not guilty at the trial?
Both the prosecutor and accused can call witnesses to give evidence. After all presented a decision is to be made.
47
Who makes the decision on whether or not the accused it guilty at the trial?
In a jury trial, the jury make the decision.
In all other trials, sheriff or Justice of the peace makes the decision.
48
What happens when a prisoner is remanded in custody for trial and an intermediate/accelerated diet disposes of the trial diet?
Clerk of court will suggest to the prison authorities that the warrant remanding the prisoner in custody for trial is no longer effective.
49
What certificate is produced by the clerk of the court for when an intermediate/accelerated diet disposes of the trial diet? (In summary cases only)
"Certificate for Prisons in cases where the accused pleads guilty at Intermediate/Accelerated diet"
50
After receiving a "Certificate for Prisons in cases where the accused pleads guilty at Intermediate/Accelerated diet." what reason would the prisoner NOT be released.
If they are being held on more than one warrant/more than one charge on the warrant.
51
What happens when a prisoner pleads guilty at an intermediate diet AND is sentenced at that diet?
Prisoner is to return to custody with a warrant of conviction
52
What happens if an intermediate diet is held at a District Court and not a' Sheriff Court?
A check must be made with the court to ascertain whether prisoner is still to be held for trial on offences on a remand warrant.
53
What can happen if the court considers that it is unlikely a trial can be fixed within the 12 month period and no application is made to extend the period? (Or application refused)
The court may desert the case simpliciter (for ever) or pro loco et tempore (temporarily).
54
What happens if a case is deserted simpliciter? (Solemn)
Unless the prosecutor appeals by advocation (belief), accused should be liberated. No further procedure can take place on existing indictment.
55
What happens when a complaint (summary) is deserted pro loco et tempore and up until then prisoner has been on remand in custody?
Prisoner should be liberated.
56
What happens when a indictment (solemn) is deserted pro loco et tempore and up until then prisoner has been on remand in custody?
Prisoner should NOT be liberated unless on instruction by court or PF, as warrant 'till liberated in due course of law' continues in force. If 80th day passes prisoner can apply for bail.
57
What happens is a prisoner applies for bail after the 80th day has passed from full committal without an extension being granted?
Governor should contact Clerk of the Court. If further proceedings to be taken, a new complaint MUST be prepared and served.
58
What MUST a prisoner do for bail to be considered?
Contact their solicitor to make arrangements.
59
What is a convicted awaiting sentence warrant?
Accused been found to have committed the offence but before being sentenced, court may adjourn the case to enable enquiries to be made/determining the most suitable method of dealing with the case.
60
What is the 'first examination' in solemn procedures?
Where the accused intimates whether they wish to make a plea/declaration in respect of the charges.
61
What is the result of the 'first examination' in solemn procedures?
Accused either Committed for further examination or fully committed until liberated in due course of law. Either way results in accused being remanded in custody or released on bail.
62
What happens if accused is
committed for further examination and remanded in custody? (Solemn)
They must be brought back within 8 days of first appearance for ''further examination'' or ''full committal.''
63
What is the result of ''further examination'' or ''full committal'' hearing? (solemn)
Accused will be committed until libbed in due course of law (fully committed). Again, remanded in custody or released on bail.
64
What happens after accused is fully committed in custody to await trial in High Court? (days)
By 80th day, indictment should be served.
By 110th day, first diet must have occurred.
By 140th day the trial must have commenced.
(Unless sheriff extends period)
65
Who ensures a person in custody is dealt with be the court in the relevant time period?
Crown Office.
66
What relevant information does the SPS have to provide to the Crown Office?
- Accurate info relating to a persons detention.
- Complete a form 290 and submit it to Crown Office. (form with 80th,110th etc days calculations)
67
Is it true that there is only one type of remand/untried warrant?
No
68
What is remand?
The process of detaining a person who has been arrested and charged with an offence until their trial.
69
On Convicted warrants there are two terms of offence- OFFENCE and NON-OFFENCE.
!Define Offence!
Imprisonment with sentence/conviction.
70
On Convicted warrants there are two terms of offence- OFFENCE and NON-OFFENCE.
!Define Non-Offence!
Imprisonment for fine default or contempt of court.
71
What is an example of a Civil Warrant?
When someone is found guilty in a civil action or alimony case where judge decides to imprison the offender.
72
Name an Example of why a Civil prisoner is sent to prison.
1) Non-payment of maintenance money to look after their children.
2) Non-payment of fines/debt.
3) Not doing what the court told them.
4) Not paying money they agreed to pay.
73
What is an Interim Liberation Warrant?
Warrant to re-admit a prisoner who has already been released or if prisoner released direct from court on bail/interim lib need a warrant in addition to original.
73
What is an IS91? (foreign nationals)
-Issued by immigration officers
-For the detention of illegal immigrants until deported/released
74
What are PADs?
People Awaiting Deportation.
75
What does it mean if sentences run concurrently?
They run at the same time.
Run together simultaneously.
76
What does it mean if sentences run consecutively?
Running one after the other without interruption.
77
What is the definition of a Short-term Prisoner?
'A person serving a sentence of imprisonment for a term less than 4 years'
Liberated after HALF their sentence, (subject to section 16)
78
What is the definition of a' Long-term prisoner?
'A person serving a sentence of imprisonment for a term of 4 years or more'
79
How much of their sentence does a LTP have to serve before they can get out?
If parole deemed suitable can be released after serving 1/2 their sentence.
If parole is NOT granted, can be released after serving 2/3rds (if sentenced before 1st Feb 2016)
80
What is a Life prisoner?
Sentenced to imprisonment for life.
81
What is a designated life prisoner?
Prisoner under 18 serving a life sentence for an offence other than murder ie rape.
82
What is a mandatory life prisoner?
Prisoner under 18 serving a life sentence for murder.
83
What is an order of lifelong restriction (OLR)?
Where prisoners have to serve a minimum tariff until considered for parole. It's for the most serious violent and sexual offenders.
84
What does the first diet in solemn cases give/allow the judge?
Amongst other things, the chance to ascertain how long the parties need to prep. And allows matters to proceed to trial when parties ready.
85
Can the prosecution in a case apply for an extension on the 140 day rule?
YES
86
What should be done if an Indictment is SERVED at the wrong establishment?
Staff need to let them know where prisoner is so they can serve indictment in correct establishment.
87
What should be done if an Indictment is POSTED at the wrong establishment?
Procurator fiscal should be contacted immediately for instructions.
88
Who serves the indictment to the prisoner?
Prison officer.
1 serves and 1 as a witness.
89
Where do all indictments go to once in an establishment?
Court/Criminal Desk
90
Are Indictments recorded? If so, where?
YES.
Recorded in establishment's 'Indictment Book' - normally located at Front of House (VESTIBULE)
91
What details are entered from indictments? (Name a few)
1) Accused's Prisoner Number.
2) Accused's Full Name and D.O.B and location.
3) Date of Last day of Service.
4) Date of Court Appearance and Procurator Fiscal Case Number.
5) Name of Court and Address for return of served items.
6) Whether previous convictions attached.
7) Name of officer collecting indictment for service.
8) Date of indictment collected
9) Date of service of indictment returned.
10) Date served items returned to PF office
92
What will there ALWAYS be with an indictment/other papers to be served?
A covering letter from appropriate PF
93
There are usually 2 copies of indictment for the service. Where do these go?
1 - Copy for accused once prison officer completed paperwork.
2- Copy for returning original to PF's Office after completion.
94
When an indictment is served. Where does the original copy of the document go?
Returned to the PF
95
As well as the indictment, should the prisoner be given all the extra documentation that comes with it?
YES
96
What is done if the accused refuses to accept the indictment?
Officer informs criminal desk who informs the PF so they know the accused is aware of court dates, just refused to sign.
97
How long has establishment got to send indictment back to PF after it has been served?
7 Days.
98
Who can grant bail/interim liberation?
High court, Sheriff court.
99
What should be checked when a prisoner is granted bail?
(Name 1-2)
1) Prisoner in custody
2) Check warrant of committal against info given from court.
3) Check prisoner has no outstanding warrants/detains.
100
Who is the first criminal desk should inform when prisoner is granted bail?
Reception.
101
What is read to the prisoner (In reception) by staff and criminal desk before getting out on bail?
Conditions of bail read to prisoner to ensure prisoner understands and agree with them.
102
What do you do if a prisoner DOES NOT agree with bail conditions?
Contact High Court IMMEDIATELY for instructions.
103
What happens if a prisoner wants to change his bail address while going through bail process?
MUST obtain court of committals approval in writing on a 'Change of Domicile Form'
104
How many signatures are required on a bail form?
1 from the prisoner.
2 from staff.
105
How many copies are there of bail papers and where do they go?
4 copies.
Original - To high court
Copies - 1 to prisoner, 1 to court of committal, 1 attached to warrant.
106
How long do the crown office have to make a decision on whether Bail is being refused?
72 hours.
107
What is a PF release?
Where prisoner is on remand and PF can send through paperwork instructing the prisoner's release.
108
Why would a PF release a prisoner?
1) Unable to proceed due to lack of evidence.
2) Decided to drop charges.
109
What must be checked before a prisoner is released on PF release?
Check that the PF ref number on the warrant matches with that on the instructions from the court.
110
Why would a prisoner NOT be released if PF instructed them to be released?
If prisoner is to stay detained on other matters. PF must be informed of this.
111
What is Extradition?
The transfer of a prisoner between countries.
112
Does time spend in custody abroad
count towards the time they spend in custody in the UK? (Extradition)
YES
