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Terms in this set (225)
Breach of a community order- general right to bail? Yes.
Purpose of sentencing? (a) the punishment of offenders,
(b) the reduction of crime (including its reduction by deterrence),
(c) the reform and rehabilitation of offenders,
(d) the protection of the public, and
(e) the making of reparation by offenders to persons affected by their
offences
Convicted of theft in the mags, adjourned for PSR- Yes.
general right to bail?
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
First appearance at mags for ABH- general right to Yes
bail?
Committed to CC for sentence- general right to No.
bail?
Can bail be withheld if the court is satisfied that the Yes
defendant should be kept in custody for their own
protection?
Can bail be withheld if the court is satisfied that, Depends.
owing to lack of time since Insufficient time is only a ground for
the commencement of the proceedings, it has not withholding bail to an accused charged with an imprisonable indictable
been possible to obtain offence (Bail
sufficient information for the purposes of taking the Act 1976, part I, sch. 1, para. 5).
decision on bail?
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
Can bail be refused if the defendant is already Yes.
serving a custodial sentence?
Could bail be refused if the defendant had been Yes.
arrested on a warrant under s. 7 Bail
Act 1976 and the court was satisfied that there were
substantial grounds for
believing that, if released on bail, the defendant
would commit an offence while on
bail by engaging in conduct that would, or would be
likely to, cause physical or
mental injury to an associated person?
Adult: Bail could be withheld if the court is satisfied welfare
that Dennis should be kept in
custody for his own "protection".
Juvenile:
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
The prosecutor wishes to No. There is no such jurisdiction
appeal against the grant of bail. Do they have the
right to appeal against the granting of bail the same
day to another bench sitting in the same magistrates'
courthouse?
The prosecutor wishes to appeal against the grant of No. The prosecution can only appeal to the High Court when the Crown
bail. Do they have the right to appeal to the High Court grants bail other than in the context of an appeal against the grant of
Court against the decision bail by a
of the magistrates to grant the defendant bail? magistrates' court under s. 1(1) (s. 1(1B) and (1C)).
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
The prosecutor wishes to appeal against the grant of No. Written notice must be served on the defendant within 2 hours of the
bail. Does notice have to be confirmed in writing conclusion of the proceedings (s. 1(5)). BCP 2018 D7.9
and served on the defendant no later than 24 hours
after the conclusion of the proceedings in which bail
was granted?
How long after the conclusion of proceedings 2 hours.
before written notice must be served to the
defendant when appealing a decision to grant bail?
The prosecution want to appeal the decision to True. The Bail (Amendment) Act 1993 confers upon the prosecution the
grand bail. The prosecution must give oral notice of right to appeal to the Crown Court against a decision by a magistrates'
appeal at the conclusion of the court to
proceedings in which bail was granted, and before grant bail (s. 1(1)). Oral notice of appeal must be given at the conclusion of
the defendant is released from the
custody. True or false? proceedings in which bail was granted, and before the accused is released
from
custody (s. 1(4) 1993 Act).
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
Oral notice of appeal on a decision to grant bail True. s1(4) Bail (Amendment) Act 1993
must be given at the conclusion of the proceedings
in which bail was granted, and before the accused is
released from custody. True or false?
When a case is sent for trial in the CC, what is the 182 days.
maximum period of custody between the time when
the accused is sent for trial and the start of the trial ?
What is the maximum period of custody from the first 56 days.
appearance to the start of the summary trial of a
summary
only offence?
What is the maximum period of custody from first 56 days.
appearance to the start of the summary trial of a
triable either
way offence if the decision to proceed to summary
trial was taken within 56 days?
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
What is the maximum period of custody from first 70 days.
appearance to the start of the summary trial of a
triable either
way offence is the decision to proceed to summary
trial was not taken within 56
days ?
What is the maximum period of custody from first 70 days.
appearance to the time the MC decides to send the
accused
to the Crown Court for trial of a triable either way
offence ?
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
What is the maximum period of custody from first 70 days.
appearance to the time the MC decides to send the
accused
to the Crown Court for trial of an indictable only
offence?
Does section 40 Criminal Justice Yes.
Act 1988 apply to Driving whilst disqualified?
Does section 40 Criminal Justice No.
Act 1988 apply to assaulting a police constable in the
execution of his duty?
Does section 40 Criminal Justice Yes.
Act 1988 apply to common assault?
Does section 40 Criminal Justice Yes.
Act 1988 apply to TWOC?
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
, Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
Does section 40 Criminal Justice
Act 1988 apply to criminal damage of £5,000 or less?
Does section 40 Criminal Justice Yes.
Act 1988 apply to assaulting a secure training centre
custody officer or prison custody officer?
Can s40 CJA 1988 offences be sent to the CC Yes, if:
alongside indictable matters? - the witness statements disclose the offence
- the rules of joinder permit
Rules of joinder? If the summary only and indictable offence(s) are
founded on the same facts or form part of a series of offences of the same
or similar
character
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
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Criminal Litigation _ Complete
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Verified
Questions
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Fully Updated.pdf
Verified Answers _ Fully Updated.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
Terms in this set (225)
Breach of a community order- general right to bail? Yes.
Purpose of sentencing? (a) the punishment of offenders,
(b) the reduction of crime (including its reduction by deterrence),
(c) the reform and rehabilitation of offenders,
(d) the protection of the public, and
(e) the making of reparation by offenders to persons affected by their
offences
Convicted of theft in the mags, adjourned for PSR- Yes.
general right to bail?
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
First appearance at mags for ABH- general right to Yes
bail?
Committed to CC for sentence- general right to No.
bail?
Can bail be withheld if the court is satisfied that the Yes
defendant should be kept in custody for their own
protection?
Can bail be withheld if the court is satisfied that, Depends.
owing to lack of time since Insufficient time is only a ground for
the commencement of the proceedings, it has not withholding bail to an accused charged with an imprisonable indictable
been possible to obtain offence (Bail
sufficient information for the purposes of taking the Act 1976, part I, sch. 1, para. 5).
decision on bail?
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
Can bail be refused if the defendant is already Yes.
serving a custodial sentence?
Could bail be refused if the defendant had been Yes.
arrested on a warrant under s. 7 Bail
Act 1976 and the court was satisfied that there were
substantial grounds for
believing that, if released on bail, the defendant
would commit an offence while on
bail by engaging in conduct that would, or would be
likely to, cause physical or
mental injury to an associated person?
Adult: Bail could be withheld if the court is satisfied welfare
that Dennis should be kept in
custody for his own "protection".
Juvenile:
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
The prosecutor wishes to No. There is no such jurisdiction
appeal against the grant of bail. Do they have the
right to appeal against the granting of bail the same
day to another bench sitting in the same magistrates'
courthouse?
The prosecutor wishes to appeal against the grant of No. The prosecution can only appeal to the High Court when the Crown
bail. Do they have the right to appeal to the High Court grants bail other than in the context of an appeal against the grant of
Court against the decision bail by a
of the magistrates to grant the defendant bail? magistrates' court under s. 1(1) (s. 1(1B) and (1C)).
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
The prosecutor wishes to appeal against the grant of No. Written notice must be served on the defendant within 2 hours of the
bail. Does notice have to be confirmed in writing conclusion of the proceedings (s. 1(5)). BCP 2018 D7.9
and served on the defendant no later than 24 hours
after the conclusion of the proceedings in which bail
was granted?
How long after the conclusion of proceedings 2 hours.
before written notice must be served to the
defendant when appealing a decision to grant bail?
The prosecution want to appeal the decision to True. The Bail (Amendment) Act 1993 confers upon the prosecution the
grand bail. The prosecution must give oral notice of right to appeal to the Crown Court against a decision by a magistrates'
appeal at the conclusion of the court to
proceedings in which bail was granted, and before grant bail (s. 1(1)). Oral notice of appeal must be given at the conclusion of
the defendant is released from the
custody. True or false? proceedings in which bail was granted, and before the accused is released
from
custody (s. 1(4) 1993 Act).
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
Oral notice of appeal on a decision to grant bail True. s1(4) Bail (Amendment) Act 1993
must be given at the conclusion of the proceedings
in which bail was granted, and before the accused is
released from custody. True or false?
When a case is sent for trial in the CC, what is the 182 days.
maximum period of custody between the time when
the accused is sent for trial and the start of the trial ?
What is the maximum period of custody from the first 56 days.
appearance to the start of the summary trial of a
summary
only offence?
What is the maximum period of custody from first 56 days.
appearance to the start of the summary trial of a
triable either
way offence if the decision to proceed to summary
trial was taken within 56 days?
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
What is the maximum period of custody from first 70 days.
appearance to the start of the summary trial of a
triable either
way offence is the decision to proceed to summary
trial was not taken within 56
days ?
What is the maximum period of custody from first 70 days.
appearance to the time the MC decides to send the
accused
to the Crown Court for trial of a triable either way
offence ?
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
,Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
What is the maximum period of custody from first 70 days.
appearance to the time the MC decides to send the
accused
to the Crown Court for trial of an indictable only
offence?
Does section 40 Criminal Justice Yes.
Act 1988 apply to Driving whilst disqualified?
Does section 40 Criminal Justice No.
Act 1988 apply to assaulting a police constable in the
execution of his duty?
Does section 40 Criminal Justice Yes.
Act 1988 apply to common assault?
Does section 40 Criminal Justice Yes.
Act 1988 apply to TWOC?
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
, Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
Does section 40 Criminal Justice
Act 1988 apply to criminal damage of £5,000 or less?
Does section 40 Criminal Justice Yes.
Act 1988 apply to assaulting a secure training centre
custody officer or prison custody officer?
Can s40 CJA 1988 offences be sent to the CC Yes, if:
alongside indictable matters? - the witness statements disclose the offence
- the rules of joinder permit
Rules of joinder? If the summary only and indictable offence(s) are
founded on the same facts or form part of a series of offences of the same
or similar
character
Criminal Litigation.pdf Criminal Litigation.pdf Criminal Litigation.pdf
