Court bail gives the person their liberty until their next
court appearance. Police bail means they are free to go but
What is the difference between court bail and police bail? will be re-called for further questioning and for a decision
on
whether to charge or not.
Give three examples of either-way offences. Theft, sexual assault, GBH.
What is the difference between theft and robbery? Robbery is theft by force or threat of force.
A person who guarantees the defendant's appearance
What is a surety? and agrees to forfeit a set sum of money if the defendant
absconds.
Where magistrates hear about the alleged crime and de-
cide if they can accept jurisdiction or if they
What is allocation?
believe that their powers of punishment may be insufl-
cient.
An explanation of why a person might have committed the
What is mitigation?
crime.
When magistrates dealing with an either-way offence in
What is committal for sentence? a summary trial, send the case to the Crown Court for
sentencing.
The court has not imposed or specified punishment, but if
the offender commits another offence within a given time,
What is a conditional discharge?
they are liable to be punished for the first offence as well
as the subsequent offence.
Which section of which act imposes automatic reporting
Section 8C of the Magistrates' Court Act 1980.
restrictions for pre-trial hearings of summary offences?
Name of the court.
Names of the magistrates.
Name, age, address and occupation of the defendant.
Basic details of the charge.
, Date/place to which hearing is adjourned.
What can we report under Section 52A of the Crime of
Arrangements as to bail.
Disorder Act 1998?
Whether legal aid is granted.
What year was the Contempt of Court Act passed? 1981.
What type of offence is contempt of court? A strict liability offence.
A person has been arrested.
When does a case become active? An arrest warrant is issued.
A summons is issued.
The arrested person is released without charge.
No arrest is made within 12 months of the issue of a
warrant.
When does a case cease to be active?
The case is discontinued.
The defendant is acquitted or sentenced.
He/she is found unfit to be tried.
Can we publish backgrounders during the period be- Yes, because it's the judge who decides the sentence and
tween verdict and sentence, and why? judges are deemed to be above prejudice.
Give three examples why an individual might be refused Fear of absconding, committing another offence or inter-
court bail. fering with witnesses.
Not to contact witnesses/victims, regular reporting to the
Conditions are often attached to court bail. Give four ex-
police, curfew, surety, tagging,
amples.
residency.
What is an indictable-only offence? A serious offence which must go to Crown Court.
An offence which can be heard in either Magistrates or
What is an either-way offence?
Crown Court.
Name the process that decides where an either-way of-
A plea before venue.
fence will be heard.
What is a summary offence? A minor offence with no rights to jury trial.
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