Criminal Litigation SGS 2 Classification of Offences and Bail

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billsykes
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210143
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Criminal Litigation SGS 2 Classification of Offences and Bail
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2013-03-29 14:53:26
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Criminal Litigation SGS
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Criminal Litigation SGS 2
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  1. Which of the following defendants does NOT have a presumption in favour of bail?

    [A] Ben who is making his first appearance from custody charged with burglary.

    [B] Henry who has pleaded guilty to an offence of affray and been committed to the Crown Court for sentence.
     
    [C] Jane who has been summonsed to court for breach of a community order.

    [D] Curtis who has been convicted after trial of common assault and whose case has been
    adjourned for pre-sentence reports to be prepared.
    [B] Henry who has pleaded guilty to an offence of affray and been committed to the CrownCourt for sentence.  

    CORRECT ANSWER – s.4 Bail Act1976. The committal for sentence supposes that the magistrates consider that a6 month prison term will not be sufficient penalty, so there is little riskthat he will spend longer in custody on remand than he would spend in custodyfor his sentence.
  2. Nathan is charged with Burglary of a
    warehouse. He is alleged to have taken 400 lamps worth a total of £40,000. He
    makes his first appearance at the magistrates’ court and instructs you to make
    an application for bail. You suspect that your application will be unsuccessful
    and advise him of this. He asks you how long the magistrates could remand him
    in custody if they refuse him bail.

    Which one of the following would be WRONG advice?

    [A] The magistrates can remand Nathan in custody for a period of 8 clear days.

    [B] If Nathan is refused bail he can appeal the decision to the Crown Court. 

    [C] The magistrates usually remand a defendant in custody for a period of 7 days. 

    [D] The magistrates can remand Nathan in custody for a period of 28 days, even if he
    refuses to consent.
    [D] The magistrates can remand Nathan in custody for a period of 28 days, even if herefuses to consent.

    CORRECT ANSWER– remands are for8 days unless there is consent to the longer aggregated remands
  3. Jacinta is currently before the magistrates’ court for an offence of threatening words and
    behaviour contrary to s. 5 Public Order Act 1986 (a non-imprisonable offence).
    This is her first appearance for this offence.

    Assuming that the relevant evidence is before the court in each situation, which one of the
    following is NOT a ground justifying refusal of bail?

    [A] Jacinta has a previous conviction for failing to surrender in this case, and the
    magistrates fear that she will not surrender to bail if released now.

    [B] The magistrates feel that a remand in custody is necessary for Jacinta’s own protection.

    [C] The magistrates fear that Jacinta will commit further offences whilst on bail.

    [D] Having been released on bail with a condition not to contact the complainant Jacinta was subsequently arrested under s. 7 of the Bail Act 1976 for breaching this
    condition. The magistrates fear that Jacinta would interfere with witnesses if released now.
    [C] The magistrates fear that Jacinta will commit further offences whilst on bail.

    • CORRECT ANSWER – this ground does
    • not exist if the offence is non-imprisonable
  4. Which of the following is CORRECT concerning bail applications?

    [A] The magistrates’ court must allow a defendant to make a bail application on every occasion the defendant appears before them if he wishes to do so.

    [B] A defendant may only appeal to the Crown Court against a denial of bail at the magistrates’ court once there have been two fully argued bail applications made at the
    magistrates’ court.  

    [C] After a defendant has made two bail applications the magistrates’ court may refuse to hear any further applications unless they are satisfied there has been a relevant change of circumstances

    [D] At any time a defendant may appeal against a refusal of bail on application to the
    High Court.
    [C] After a defendant has made two bail applications the magistrates’ court may refuse to hear any further applications unless they are satisfied there has been a relevant change of circumstances

    • CORRECT ANSWER – Bail Act 1976 sch. 1 part
    • IIA, para 1.
  5. What is an indictment?
    Sheet which more serious charges are written on.

    Crown Court only (Judge and Jury)
  6. What is a charge sheet?
    Sheet which less serious offence are written on.

    Used in Mag's Court

    Summary offence only
  7. Does an eitherway offence use an indictment or charge sheet?
    Either
  8. What are the three types of charges?
    Indictable

    Triable either way

    Summary only
  9. What charge does not fit neatly into one of the three types of charges?
    Criminal Damage: generally either way

    if under £5,000 worth of damage then summary
  10. What is bail?
    The temporary release of an accused person awaiting trial.

    sometimes on condition
  11. What is an adjournment?
    Where the court states that the proceedings will continue on another day
  12. What is remand?
    Obligation that accused will appear at trail after adjournment

    EITHER:

    Remand in custody

    Remand on bail
  13. Is there a presumption that bail will be granted?
    Yes

    Prosecution need overcome this presumption that bail should not be granted
  14. What are the main 3 grounds for bail to be refused?
    Defendant will:

    Fail to surrender to custody (wont turn up to trial)

    commit further offence if granted bail

    interfere with witnesses
  15. What factors will the court look at when considering a bail application?
    How serious is the case

    Character of accused and community ties

    Accuseds bail record

    Strength of evidence against accused
  16. What happens if you misbehave on bail?
    If you fail to attend - this is a separate offence

    Harsher conditions
  17. Describe a few bail conditions.
    {Basically anything the court thinks fit}

    Reporting to police station (they'll remind you of dates and other conditions)

    Residence at a specific address

    Curfews

    Security (money)
  18. What's the longest an accused can be kept on remand in custody when charged with a summary offence?
    56 days (from first appearance at Mag's)
  19. What's the longest an accused can be kept on remand in custody when charged with an either way offence?
    70 days
  20. What's the longest an accused can be kept on remand in custody when charged with an indictable offence?
    70 days in Mags when sending to

    Crown Court (112 days in total)

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