1.4 The criminal justice process Flashcards
Which statutory provision sets out the police power of arrest without warrant?
Section 24 PACE
What is the usual test to be applied when considering whether to prosecute?
The Code for Crown Prosecutors: the “Full Code Test”:
- The evidence must be enough to provide a realistic prospect of conviction;
- It must be in the public interest.
[NB Apply the Threshold Test where there insufficient evidence, a serious offence and a substantial bail risk.]
Which statutory provision sets out the police of arrest without warrant?
Section 24 PACE
When may the Magistrates’ Court commit an offender to the Crown Court for sentence?
Section 3(2) Powers of the Criminal Courts (Sentencing) Act 2000
If the court is of the opinion—
(a)
that the offence … was so serious that the Crown Court should, in the court’s opinion, have the power to deal with the offender in any way it could deal with him if he had been convicted on indictment,
the court may commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 5(1) below.
Which statutory provision empowers the Magistrates’ Court to commit for sentence where D is summarily convicted of an either-way offence?
Section 3 PCC(S)A 2000
Magistrates’ Court - power to commit to the Crown Court for sentence.
What must the magistrates’ court do before committing D for trial?
Section 19(2) MCA
(a)
give the prosecution an opportunity to inform the courts of D’s previous convictions; and
(b)
give the prosecution and the accused an opportunity to make representations
Which provision sets out the magistrates’ court’s power to commit D to the Crown Court for trial?
Section 19(1) Magistrates' Courts Act 1980 The court shall decide whether the offence appears to it more suitable for summary trial or for trial on indictment.
What must the magistrates’ court consider when deciding whether to commit D for trial?
Section 19(3) MCA (a) adequacy of sentencing powers (b) any representations made under subsection (2)
Have regard to any allocation guidelines under s.170 CJA.
What is the maximum sentence that the magistrates’ court can impose for a single conviction?
Section 78(1) PCC(S)A 6 months for one offence, summary or either-way.
What is the maximum sentence that the magistrates’ court can impose for multiple summary offences?
Section 133(1) MCA The general limit on two consecutive sentences on summary conviction is 6 months.
What is the maximum consecutive sentence for two or more either-way offences on summary conviction?
Section 133(2) MCA 12 months.
Which statutory provision sets out the general maximum sentencing power of the magistrates’ court?
Section 78 MCA
Which statutory provision sets out the magistrates’ court’s maximum consecutive sentencing power for two or more either-way offences?
Section 133 PCC(S)A
What must the magistrate’s court do when it decides that an either-way case is suitable for summary trial?
Section 20 MCA (2) explain its decision in plain language, ask for consent and explain the consequences of trial on indictment (3) D can request an indication of sentence
What happens when D asks for an indication of sentence?
Section 20 MCA
(4) [give/refuse indication]
If the accused requests an indication of sentence, the court may, but need not, give such an indication.
(5) [ask if D wants to change plea]
If the accused requests and the court gives an indication of sentence, the court shall ask the accused whether he wishes, on the basis of the indication, to reconsider the indication of plea which was given…
(6) [ask what is the new plea]
If the accused indicates that he wishes to reconsider the indication … above, the court shall ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty.
