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19 Cards in this Set
- Front
- Back
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Who may charge a defendant? |
The Police or the CPS
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What does CPS stand for?
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Crown Prosecution Service
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Who may issue a Summons?
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Magistrates
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Who is in charge of the CPS
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The Director of Public Prosecutions
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Under what two conditions will the CPS bring a case to court? (start a prosecution)
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1. When there is sufficient evidence to secure a conviction 2. When it is in the public interest to bring a prosecution. |
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When will police grant bail?
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1) When to do so is necessary to further their investigation 2) After the defendant has been charged with the condition that they attend a Magistrates Court |
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What conditions might the police attach to bail?
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Surrender of a passport Regularly reporting to a police station Requiring someone else to stand as a surety |
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What happens when Police refuse bail? |
Police must instead bring the person before a Magistrate at the earliest possible time Magistrates will then decide whether to grant bail or detain a person in custody |
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Which Statute contains the law on bail?
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The Bail Act 1976
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What assumption does the Bail Act 1976 begin with concerning the right to bail?
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'An accused person should be granted bail'
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Which section of the Bail Act 1978 grants a general right to bail?
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S. 4
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A court may refuse to grant bail under the Act when.... |
The defendant is likely to fail to surrender to custody The defendant is likely to commit an offence whilst on bail |
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WHat will courts consider when deciding to grant bail?
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1) The nature and seriousness of the offence 2) The defendants character 3) Previous record of bail 4) The evidence against the defendant 5) Whether the punishment involves imprisonment |
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When will restrictions be imposed?
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1) When the defendant is charged with murder, its attempt, manslaughter, rape or its attempt and have already served a sentence for a similar offence 2) Crimes committed whilst already on bail 3) Defendant has tested positive for Class A drugs, is charged with a drug related offence and refuses to participate in an assessment. |
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What is the pre-trial procedure for Summary offences
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1) Defendant is arrested 2) Defendant is charged by the CPS 3) Defendant is given bail by police or presented before Magistrates asap 4) Magistrates decide on bail in first hearing 5)Defendant is tried at a Magistrates court |
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What is the pre-trial procedure for Indictable offences?
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1) Defendant is presented before the Magistrates where issues such as bail and legal aid are considered. 2) Magistrates send the case to the Crown court for a trial before a Jury |
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hat is the pre trial procedure for triable either way offences? |
1) Arrested, charged bail (either police or Magistrates) 2) Plea before venue (if guilty Magistrates decide to send to Crown court or deal with it themselves) 3) If not guilty - Mode of trial hearing (Magistrates or Crown? - defendant may choose Crown) 4) Trial |
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What is meant by the Burden of Proof and who has it in criminal trials?
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Burden of proof: The party that has to prove their case In criminal trials = Prosecution |
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What is meant by the standard of proof and what is it in criminal law?
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Standard of proof = The standard of evidence needed for the defendant to be found guilty
Criminal law = 'beyond reasonable doubt' |
