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Criminal procedure and sentencing Flashcards

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1
Q

Define bail

A

Where the defendant will be released from custody and granted their freedom whilst awaiting trial

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2
Q

What does s4 of the Bail Act 1976 say?

A

That there is a presumption in favour of bail

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3
Q

All suspects can apply to who for bail?

A

The magistrates court

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4
Q

What are the 4 reasons why D might be refused bail?

A

Abscond (run away), Re-offend whilst on bail, Interfere with witnesses or if the offence is very serious

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5
Q

When making a decision whether to grant bail or not, what factors will the court take into consideration (as set out in the bail act 1976)

A

The nature of the offence, likelihood of conviction, strength of evidence and D’s character, previous convictions and community ties

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6
Q

Give 5 examples of conditions that can be imposed on a defendant who has been granted bail

A

Surrendering a passport, reporting to the police station, residence (home address or bail hostel), Curfew or paying a surety

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7
Q

What is a surety?

A

Money promised to the court by a family member if D fail to attend their trial

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8
Q

What is the term for refused bail and D being held in custody?

A

Held on remand

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9
Q

What are summary offences and give an example of one

A

The least serious offences e.g. Assault

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10
Q

Where are summary offences heard and by whom?

A

Magistrates court by 3 magistrates

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11
Q

What is the first hearing that D will attend? (summary offence procedure)

A

A preliminary hearing

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12
Q

What 3 things happen at a preliminary hearing?

A

Charge is outline, D will confirm his name and address, D will plead guilty or not guilty

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13
Q

If D pleads guilty at the preliminary hearing what happens next?

A

D will be sentenced by Magistrates for up to 6 months imprisonment and/or unlimited fine

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14
Q

If D pleads not guilty what will they do?

A

Apply for legal aid/representation and bail

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15
Q

Why might D be refused bail? (Procedure of summary offences)

A

Risk of absconding, re-offending, interfere with witnesses or if offence is very serious

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16
Q

If D is granted bail, what conditions might he have to adhere to? (Procedure of summary offences)

A

Surrendering passport, reporting to police station, residence, curfew or surety

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17
Q

If D is not granted bail what will happen? (Procedure of summary offences)

A

He will be held on remand

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18
Q

What happens after bail is granted or refused? (Procedure of summary offences)

A

Case adjourned and a date is set for trial at the magistrates court

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19
Q

What will happen in the trial? (Procedure of summary offences)

A

Magistrates will hear the evidence, decide a verdict and sentence D

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20
Q

Give an example of a triable either way offence and where are they heard?

A

ABH, the magistrates or crown court

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21
Q

What type of hearing occurs first? (Procedure of TEB offences)

A

A preliminary hearing

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22
Q

Where will the preliminary hearing be heard? (Procedure of TEB offences)

A

Magistrates court

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23
Q

What 3 things happen at the preliminary hearing? (Procedure of TEB offences)

A

Charge is outlined, D will confirm his name and address, D will plead guilty or not guilty

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24
Q

If D pleads guilty at his preliminary hearing, what will happen next? (Procedure of TEB offences)

A

D will be sentenced by magistrates to either 6 months imprisonment and/or an unlimited fine

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25
What will happen if D requires a longer sentence? (Procedure of TEB offences)
The case can be transferred to the crown court for sentencing
26
If D pleads not guilty what will happen?
The same procedure will be followed in terms of legal aid and bail as summary offences
27
What is the second hearing which D must attend? (Procedure of TEB offences)
Mode of trial hearing
28
Where do mode of trial hearings take place? (Procedure of TEB offences)
Heard in the magistrates court
29
What is the purpose of a mode of trial hearing? (Procedure of TEB offences)
To assess the seriousness of offence and D's preference
30
What will happen once a court has been selected? (Procedure of TEB offences)
A date will be set for trial
31
If the Crown Court is selected for D's trial, what must be prepared? (Procedure of TEB offences)
Committal papers
32
What are indictable offences and give an example of one
The most serious offences e.g. Murder
33
Where are indictable offences heard?
Crown Court
34
What hearing will D have to attend first? (Procedure of indictable offences)
Preliminary hearing
35
What 3 thing occur at a preliminary hearing? (Procedure of indictable offences)
Charge is outlined, D will confirm his name and address and case will be transferred to the crown court
36
What is the second hearing which D will attend and where will this be heard? (Procedure of indictable offences)
Plea and case management hearing in the magistrates court
37
If D pleads guilty at his plea and case management hearing what will happen? (Procedure of indictable offences)
The case will proceed directly to sentencing in the crown court
38
If D pleads not guilty at his plea and management hearing what will happen next?
The same procedure for legal aid and bail application as in the other offence proceedings
39
What happens after D has been granted/refused bail? (Procedure of indictable offences)
A date will be set for trial at the crown court
40
What will the court look at in preparation for the trial? (Procedure of indictable offences)
D's mental state, witnesses, evidence, and any legal issues
41
Who will hear D's case in the crown court? (Procedure of indictable offences)
A judge and jury
42
Which section of which act outlines the aims of sentencing?
S142 of the Criminal Justice Act 2003
43
What are the 5 aims of sentencing?
Punishment of offenders (retribution), Reduction of crime (by deterrence), Reform and rehabilitation of offenders, Protection of the public, Reparation
44
What is the purpose of retribution?
To punish D for their crime
45
What is the purpose of deterrence?
Reduction of crime by causing fear of punishment or to prevent D from re-offending
46
What is the purpose of rehabilitation?
To reform D into a law abiding citizen
47
What is the purpose of protection of the public?
To keep the public safe from D
48
What type of sentence is D likely to receive for retribution?
Custodial sentence or heavy fine
49
What time of sentence is D likely to receive for deterrence?
Custodial sentence or heavy fine
50
What type of sentence is D likely to receive for rehabilitation?
Community order (where D is required to go to rehab)
51
What type of sentence is D likely to receive for protection of the public?
Custodial sentence or a community order with a curfew
52
What type of sentence is D likely to receive for reparation?
Community order of unpaid work or giving V/V's family some money
53
What are the types of sentence available to the court?
Custodial sentence, fine, community order or discharge
54
What does S152 of CJA 2003 state that custodial sentences should be used for?
Most serious offences, indictable offences such as murder or S18
55
What does a custodial sentence involve?
A term of imprisonment
56
What type of fine can now be imposed by the magistrates and crown court?
Unlimited fines
57
Where are fines paid to?
The state
58
What type of offences are usually punishable by fine?
Less serious offences, summary offences such as assault
59
What will happen if D fails to pay their fine?
This will result in a community order
60
How are community orders tailored to individual defendants?
By attaching conditions
61
What are some examples of attaching conditions on a community order?
Unpaid work, curfew, rehab, residence, treatment for mental health, supervision
62
What are the two types of discharge?
Conditional and absolute
63
What is a conditional discharge?
Where D is not punished however must not re-offend within a set time or they will be imprisoned
64
What is an absolute discharge?
Where the verdict of guilty is sufficient punishment as D i morally blameless
65
What are the 2 types of factors that will affect sentencing?
Aggravating and mitigating
66
What do mitigating factors do?
Make the crime less serious, make D less blameworthy and make the sentence less harsh
67
What do aggravating factors do?
Make the crime more serious, make D more blameworthy and make the sentence more harsh
68
Give examples of aggravating factors
Previous convictions, pre meditation, weapon, racist/homophobic attack, serious injuries, V is vulnerable, offence committed while on bail
69
Give examples of mitigating factors
Difficult home life, D is very old/young, Co-operation with the police, guilty plea, keen to make amends, showing remorse, first time offender, D suffers mental illness, no previous convictions

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