Procedures

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Created by
Elliot

Cards (4)

  • What will the court consider for bail under the Bail Act 1976?
    1. Probable sentence
    2. Antecedents
    • Substantial grounds to believe that D will abscond
    • Substantial grounds to believe that D will commit an offence
    • Substantial grounds to believe that D will obstruct justice
    3. Community ties
    4. Strength of evidence
  • What is the procedure for applying for bail?
    1. CPS objects to bail & gives court list of previous convictions & argues case to remand in custody.
    2. Defence makes an application for bail (ACEP)
    3. Magistrate decision for bail or custody
    4. Custody - Magistrate must give reasons
    • Next hearing: defence can make a full application bail (repeating arguments) - certificate of full argument
    • Third hearing: defence can only make bail application raising new arguments
  • Trial procedure in the magistrates court?
    1. Opening speeches: P summarises facts of case, law and turnball warning
    2. Prosecution case: Witness sworn in - Victim goes first and witness statements read out, transcripts of interview read out. (voir dire hearing - court will rule on admissibility of evidence dispute)
    3. Defence case: D goes first - D not compellable but s.35 AI can be drawn from silence
    4. Closing speech: P might give (if it would assist court & D has rep)& D will give
    5. Magistrates verdict: they retire to consider defences case and deliver by majority
    • if D is found not guilty, magistrates will sentence D or adjourn for pre-sentencing report. D can appeal conviction/sentence to CC.
  • Trial procedure in the Crown court?
    1. Jury is sworn in: 12 jurors (up to age 75) who are on electoral roll and resided in the UK for 5 years.
    2. Opening speech: P gives opening speech
    3. Prosecution Case: V starts
    • Voir dire - court will rule on admissibility of evidence dispute.
    4. Defence case: D goes first. If D doesn't give evidence, jury may make s.35 adverse inference
    5. Closing speech: P & then D
    6. Judge summary:
    • burden & standard of proof
    • legal elements of offence
    • points of law (turnball adverse inferences)
    • summary of facts, evidence and arguments
    7. Jury retires - must decide unanimously under 2 hours 10 mins - 9 jurors must be unanimous.
    8. Verdict: guilty = judge will sentence or wait for report. not guilty =D legal costs will be paid