AC 2.2 (15)
Pre-trial
● 3 criminal offences: Indictable, TEW, summary
● Indictibale- Serious e.g. murder, GBH, manslaughter etc- First hearing Magistrates,
may be tried Crown
● TEW- Less serious e.g. theft, assaults without injury etc- Tried Magistrates/Crown
(Crown- higher sentencing powers- chance of being acquitted by Jury higher)
● Summary- Least serious/minor offences e.g. assault, battery, most motoring offences
etc- Magistrates
Magistrates:
● Criminal cases first heard in Magistrates- 95% stay there (small % proceed to Crown)
● Usually hear summary offences- can hear TEW
● Traditionally 3 magistrates (Laypeople)- hearE -decide guilty+appropriate sentence
● Chair- deciding vote
● No jury
● Assisted by legally qualified Clerk- Legally trained- proper procedures are
followed/advice legal matters
● Usher- ensure W answered their summons+get them when called+ pass E around
court
● Prosecuting solicitor- present P case
● Defence solicitor- protect interest of D (Challenge E that hasn't gathered fairly in
accordance with police+criminal evidence act 1984)
● Sentencing powers limited six months and/or £5,000 fine (doubled for two+ offences)
Bail
● Person released on bail-any point after arrest
● Temporary release while awaiting trial
● All D’s presumed innocent until proven guilty- section 4 (Bail Act 1976) makes
general presumption- right to bail
● Granted by police+courts
Two types:
● Unconditional BaiL (no conditions set, just attend court for trial)
● Conditional Bail (conditions e.g. curfews, attend police station each day, no contact
with specific people etc)
● Remand in custody (sent prison until trial, bail refused)- for serious offences:
murder/armed robbery etc,
Police bail (custody officer can refuse grant):
● Suspect's name+adress cannot be ascertained
● Doubts about suspect name+address genuine
Magistrates power to grant bail:
● Bail Act 1976 (assumption that accused person should granted bail)
○ S4 bail act 1976- general right to bail-magistrates wont grant bail if substantial
grounds to believe that D released on bail would:
○ Fail to surrender to bail
○ Commit an offence when on bail
Pre-trial
● 3 criminal offences: Indictable, TEW, summary
● Indictibale- Serious e.g. murder, GBH, manslaughter etc- First hearing Magistrates,
may be tried Crown
● TEW- Less serious e.g. theft, assaults without injury etc- Tried Magistrates/Crown
(Crown- higher sentencing powers- chance of being acquitted by Jury higher)
● Summary- Least serious/minor offences e.g. assault, battery, most motoring offences
etc- Magistrates
Magistrates:
● Criminal cases first heard in Magistrates- 95% stay there (small % proceed to Crown)
● Usually hear summary offences- can hear TEW
● Traditionally 3 magistrates (Laypeople)- hearE -decide guilty+appropriate sentence
● Chair- deciding vote
● No jury
● Assisted by legally qualified Clerk- Legally trained- proper procedures are
followed/advice legal matters
● Usher- ensure W answered their summons+get them when called+ pass E around
court
● Prosecuting solicitor- present P case
● Defence solicitor- protect interest of D (Challenge E that hasn't gathered fairly in
accordance with police+criminal evidence act 1984)
● Sentencing powers limited six months and/or £5,000 fine (doubled for two+ offences)
Bail
● Person released on bail-any point after arrest
● Temporary release while awaiting trial
● All D’s presumed innocent until proven guilty- section 4 (Bail Act 1976) makes
general presumption- right to bail
● Granted by police+courts
Two types:
● Unconditional BaiL (no conditions set, just attend court for trial)
● Conditional Bail (conditions e.g. curfews, attend police station each day, no contact
with specific people etc)
● Remand in custody (sent prison until trial, bail refused)- for serious offences:
murder/armed robbery etc,
Police bail (custody officer can refuse grant):
● Suspect's name+adress cannot be ascertained
● Doubts about suspect name+address genuine
Magistrates power to grant bail:
● Bail Act 1976 (assumption that accused person should granted bail)
○ S4 bail act 1976- general right to bail-magistrates wont grant bail if substantial
grounds to believe that D released on bail would:
○ Fail to surrender to bail
○ Commit an offence when on bail
