On a guilty indication, the court will deal with the case summarily and proceed to consider sentence. These may make a custodial sentence more likely especially if the defendant, if convicted of the present offence, will be in breach of a suspended sentence of imprisonment. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. This applies only if the application for bail was opposed by the prosecution on the grounds that the defendant might abscond, or commit further offences, or interfere with witnesses. A police officer may seize and retain anything for which a search has been authorised under the warrant s 8 2.
It was held that, for a police officer to have reasonable grounds to effect an arrest, the question is whether a reasonable person would be of that opinion, having regard to the information which was in the mind of the arresting officer. If the prosecution wish to adduce evidence, the magistrates must hear that evidence unless the prosecution are guilty of abuse of process. If no good reason is apparent, a warrant not backed for bail will be issued. Allocation - Decision that summary trial is suitable If the court considers that summary trial is more suitable, it will explain to the defendant that: -the court has decided that summary trial is more suitable -the defendant can consent to be tried summarily or, if he so wishes, be tried by a jury -if he is tried summarily and is convicted, he may still be committed to the Crown Court for sentence. These criteria are considered in section 2. This gives the police the chance to provide more information that may affect the decision.
This means that the trial is less daunting, a fact which may be particularly relevant if the defendant is going to be unrepresented at trial, as will be the case if the defendant is not granted legal aid and yet cannot afford legal representation see Chapter 11 for the criteria which determine whether legal aid should be granted. The defendant is held in custody pending the Crown Court hearing, which must take place within 48 hours excluding weekends. Exceptions to right of bail 2 The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail whether subject to conditions or not would: a fail to surrender to custody; or b commit an offence while on bail; or c interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person. Skills: Advocacy, Opinion Writing, Drafting, Conferencing, Dispute Resolution, and, finally 4. Rather it is a warning that committing a further offence will result in court action.
This means that summary trial is cheaper. Written in an informal and accessible style, it covers all procedural and evidential issues that arise in criminal cases. At court, neither the prosecution nor the defence are represented. Minor deviations from this form of words do not constitute a breach of the Code C provided the sense of the caution is preserved. The judge was therefore not entitled to deal with the matter as a contempt of court. Students can both consult this guide when first introduced to a topic, to provide a quick and comprehensible overview, and can rely on it during revision.
At this hearing, the accused must be asked if he wishes to receive legal aid; if he does, his eligibility for it must be determined; and if it is determined that he is eligible for it, he should be granted legal aid s 50 2. Furthermore, a member of the public cannot arrest someone who is apparently about to commit an arrestable offence, whereas a police officer can. In that case, one of two sureties discovered that the defendant had not been home for two nights. The court said that it has to be borne in mind that lay justices are capable of putting out of their minds matters which are irrelevant. If, on the other hand, the prosecution ask for trial on indictment but the defendant wishes to be tried summarily, the defendant will first have to persuade the magistrates to accept jurisdiction that is, to rule that the case is suitable for summary trial. Where an arrestable offence has already been committed, a member of the public can arrest someone who is or whom he has reasonable grounds for suspecting is guilty of that offence.
When is there a presumption in favour of bail? It was said that a lack of culpability on the part of the surety or even commendable diligence by the surety , although a relevant factor, was not in itself a reason for reducing or setting aside the obligation into which the surety had freely entered. Crown Court trial There are similar case management provisions in the Crown Court. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. After three editions under the Lecture Notes banner, it was felt that the book should be expanded to make it useful for practitioners both solicitors and barristers as well as for students, pupil barristers and trainee solicitors. On receipt of these representations or at the expiry of the 14 day period, where no representations have been made , the court considers the application and may, if it wishes, do so at a hearing r 8 5.
Section 39: Responsibilities in relation to persons detained 1 Subject to sub-sections 2 and 4 below, it shall be the duty of the custody officer at a police station to ensure: a that all persons in police detention at that station are treated in accordance with this Act and any code of practice issued under it and relating to the treatment of persons in police detention; and b that all matters relating to such persons which are required by this Act or by such codes of practice to be recorded are recorded in the custody records relating to such persons. It is very rare for bail to be refused in the case of non-imprisonable offences. Byrd, a former federal prosecutor in health care matters, who recently left the government and who is now sharing the valuable insights she gained as a health care prosecutor with our clients. Because a stipendiary magistrate is legally qualified and sits alone, cases in front of such magistrates tend to be disposed of more quickly than those that are heard by lay justices. Additional online chapters exploring the practice and dynamics of police station practice, regulatory crime, and sentencing in road traffic accidents are included for students interested in pursuing specialist areas of accreditation.
It is likely that his bail will be withdrawn, so that he will be held in custody pending trial, or else bail will be granted again but subject to even more stringent conditions. If you would like to learn more about this mind map and others, please visit our Facebook and Twitter profiles as well as our website. This course of action will be appropriate if the defendant is willing to plead guilty to an offence which is less serious than that originally charged and the 261 Chapter 4: Criminal Litigation and Sentencing prosecution are willing to accept that plea and drop the more serious charge. The Court of Appeal held that even though the defendant appeared able to understand procedures and answer questions, this did not obviate the need for the presence of an appropriate adult. It seeks to avoid long winded narrative and instead distils the syllabus into bullet points that are easy to read and easy to remember.
Making effective use of realistic case studies which are backed up by documentation online, the text combines theory with practical considerations and encourages students to focus on putting their knowledge into a practical context. Thus, the date when the information is laid can be important. However, there was a violation of Art 6. The revised mode of trial guidelines issued by the Lord Chief Justice in 1995 say that the magistrates should consider exercising their power to commit the defendant to the Crown Court under s 3 if information emerges during the course of the summary trial which leads them to conclude that their sentencing powers are inadequate. The Court of Appeal held that the conviction for the assault could not be sustained. Rule 13 5 says that either party may, with the leave of the court, make a second speech.
This was because the first application is usually under-prepared due to lack of time, and so fairness demands that a second application be heard. On what grounds may D be kept in custody, rather than released on police bail, after charged? Most defence advocates would 253 Chapter 4: Criminal Litigation and Sentencing invariably choose to make a closing speech, since that is the last chance to address the magistrates before they consider their verdict and it is useful to be able to draw together the threads of the defence case. Is there a strong indication that the defendant will abscond for example, he has no right to remain in Britain or has substantial assets abroad? The problem of a defendant not knowing about proceedings never arises where proceedings are commenced by arrest and charge: the charge sheet tells the defendant the date of his first court appearance. However, the court can impose any condition it thinks appropriate, provided that the condition is necessary on the grounds set out in the previous paragraph. A specimen of the notice sent to the defendant together with the standard form for the statement of facts appears at the end of this chapter 4. There is a presumption against prosecuting certain categories of offender for example, the elderly, those who suffer from mental illness or impairment and those who are severely disabled. The more serious offences carry a power of arrest without warrant so a warrant is unnecessary and in other cases it is preferable to issue a summons.