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5 Cards in this Set
- Front
- Back
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Bail |
- Everyone is entitled to bail- S4 Bail Act 1976 - Police bail is given at the station - Criminal Justice Act 2003 |
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5 Common Stages |
1) Consider bail, if refused the defendant is brought in front of a Magistrate at the 1st opportunity to decide whether to remand them on bail or custody. 2) Suspects are entitled to legal advise- Police Station Advice and Assistance Scheme. 3) Defendant makes their 1st appearance in Magistrates court. 4) Legal Adviser confirm the defendants name, address and date of birth. 5) Legal Adviser reads out the charges. |
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Summary Offence |
1) 5 Stages 2) Defendant places their plea 3) If the plea is guilty there is a Newton hearing to clarify facts, the Magistrate proceeds to sentencing 4) If the plea is not guilty a trial will be held in front of the Magistrate |
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Triable Either Way Offence |
1) 5 Stages 2) Plea before venue S17 Magistrates Court Act 1980 3) If the plea is guilty the Magistrate proceeds to sentencing 4) If the plea is not guilty there is a mode of trial proceeding, 5) S19 Magistrate Court Act 1980 the Magistrate decides whether to hear the case or send it to Crown Court 6) If they accept jurisdiction the defendant can choose to be heard in Magistrates or Crown Court- S20 Magistrates Court Act 1980 |
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Indictable Offence |
1) 5 Stages 2) S51 Crime and Disorder Act 1988 the defendant is immediately transferred to Crown Court for a plea and case management hearing. 3) If the plea is guilty the Judge proceeds to sentencing 4) If the plea is not guilty a trial is held, |
