Tim has been charged with criminal damage to the value of 10,000 at a children s playground

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1 Bail & Pre-Trial Procedures By the end of this unit, you will be able to explain [A01]: What is meant by bail The rules governing the operation of bail within the criminal law What a plea before venue is & how it operates. When a mode of trial hearing will be necessary, and the rules governing it. What the jurisdiction of Magistrates Courts and Crown Courts at first instance are. You will also be able to discuss [AO2]: The criteria for granting bail, and whether they adequately balance the rights of the individual to be at liberty, and The differences between the trial courts, and the advantages and disadvantages of opting for each court. HOMEWORK: 1. Revise for the DRAG test 2. Answer the following problem question: Tim has been charged with criminal damage to the value of 10,000 at a children s playground Identify in which courts Tim could be tried and discuss the advantages and disadvantages there are to him to be tried in each court. [12] HOW YOU WILL BE ASSESSED. You are all reminded of the importance of your target grade, which is a reflection of what you wish to achieve from this course. Your target grade should be the starting point for your attainment on the course, and will be regularly reviewed! Your understanding will be assessed in two ways: 1. Revise Bail and Pre-trial procedures for a DRAG test 2. Complete a timed answer to the following question: (a) Describe how it is decided whether or not to grant bail to a person awaiting trial [18] (b) Damien is charges with the serious offence of robbery. He is alleged to have used a knife. He has two convictions for theft. He has kept to previous bail conditions. He lives locally with his wife and two children Explain which factors and conditions are likelt to be considered when making a decision whether or not to grant bail to Damien. [12] 1

2 SOME BASICS ABOUT THE CRIMINAL JUSTICE SYSTEM The government loves our criminal justice system. So much so that they have passed 17 Criminal justice bills in the last 10 years! With all this legislation and confusion, it is important to begin our look at the criminal justice system by establishing a number of the tenets (fundamental beliefs) which (should) underpin our system, and inform our criticism of it: For each of following, identify why it is so important. Presumption of innocence The right to a fair trial or hearing [Article 6 of Human Rights Act 1998] The right to be tried by your peers The right to access good quality legal representation for all. The right to a fair and effective appeal system. The right not to be detained without reason (Article 5: Right to liberty & security of person) AO2 Thinking: Which of these do you think is them most fundamental? Why? Who prosecutes crimes? Well, the Crown [remember the R at the start of most of the criminal cases?]. This means the Crown Prosecution Service who are the state prosecutors. However, although they conduct the majority of the cases, it is also possible for a private individual or business to bring a prosecution. When might an individual or private body bring their own prosecution? 2

3 CRIMINAL COURTS. Before we go any further, can you remember the different types of crime? Type Which Courts? Examples Unless you have been issued with a fixed penalty notice, then you will have to appear at court! Differences between the courts... MAGISTRATES COURT CROWN COURT % Make up of Court? Not what it looks like, but who s in charge! Sentencing powers? Custody Fines 3

4 PRE TRIAL PROCEDURES... Few cases end on their first appearance at the Magistrates Court. The only sorts that are really ended at this stage are minor offences where D has pleaded and the question of legal representation has been taken care of. Mind you, if it s a driving offence, you may not even need to show! 1. SUMMARY OFFENCES What does this mean? Why would an adjournment be necessary for these kinds of offences? EAH [Early Administrative Hearings] In an effort to try and speed up the legal process and deal with any problems quickly rather than delaying the trial through many adjournments, this is normally the first step in all types of criminal cases. At this stage, magistrate or clerk may deal with such issues as; gllea dai and D s eligibility. Rpe-tensean or demcila reports Whether D is remanded into custody or bail. Variations to the iabl 2. TRIABLE EITHER WAY OFFENCES 4

5 Stage one: Plea Before Venue This does exactly what it says on the tin! D pleads... and then they decide on the venue to hear the case The Magistrates Court can hear D s plea before a Mode of Trial Procedure. Remember all of this is aimed at speeding up the process! If D pleads guilty, then the Magistrates need to consider whether their powers are sufficient to sentence him. If they think that the powers of the court are not sufficient, they can send it to the Crown Court for sentencing [This also applies to trials heard in the Magistrates Court] If you plead guilty in the Magistrates, then you cannot ask for a Crown Court Trial Remember: the earlier D pleads guilty, the greater the reduction that he may receive in sentencing. Why do the courts allow this? What happens if D pleads not guilty at this stage? Stage Two: Mode Of Trial If you are charged with a triable either way offence, and plead not guilty (or even if your plea is unclear or you don t enter one) then you may be subject to a mode of trial hearing in the Magistrates Court. The purpose of this is to decide which court (either or ) you will be tried in front of. Although the Magistrates can refuse jurisdiction, and send the case to the Crown Court if they feel that would be more appropriate, If they chose to keep the case, you, as the defendant have the last say, and must consent to the summary trial. Likewise, if they decide to accept jurisdiction, you have the right to refuse. D will be asked in ordinary language what he wishes to plead, and which he wishes to opt for. YOU MUST DECIDE WHERE TO GO! 5

6 Decision Making One: How do the Magistrates decide? In making a decision (s.19 Magistrates Court Act 1980), the Magistrates will take into account: representations from the prosecution and the defence the nature of the case [complexities] the seriousness of the offence whether their sentencing powers are sufficient Following the Criminal Justice Act 2003, D s previous convictions. any other relevant circumstances It may also be refused if it involves a breach of trust, gang organised crime or if the amount involved is more than 2x what the Magistrates may fine. Another [bonus!] couple of things to bear in mind If AG or DPP want the case sent to the Crown Court, then the Magistrates must refuse jurisdiction. Er... who are those people? The AG and the DPP?! A-B Extension Work: Using your own independent study skills (for some places to start, look at the back of your AS Law handbook) What part does plea-bargaining play in the English Legal System? What are the advantages and disadvantages of the system? Write a paragraph explaining your views. 6

7 Decision Making Two: Why might D opt for trial by jury or trial by magistrates? Student Task: Sort out the cards, and note down the arguments below. Add any of your own to the list! For Magistrates For Crown Court Against Magistrates Against Crown Court Why do you think that a number of people opt for the Crown Court, and then make a last minute change of plea? Cracked trial 7

8 Revision Questions Answer these to produce a full set of revision notes Define the criminal jurisdiction of the Magistrates Court Is plea-bargaining officially accepted? By whom has it been recognised and in what way? Which act sets out the main law on bail? What is the key presumption where bail is concerned? Explain which of the factors in granting or refusing bail you feel are the most important and why What percentage of cases are heard in the Magistrates Court? Which type of case will be heard by a judge and jury? What are the three categories of offence? Give an example of each. What is conditional bail? Must a suspect appear before court to be given bail? Why is an adjournment usually needed after D s first appearance in Court? What is an EAH? What are antecedents? What preliminary matters are dealt with by the Magistrates Court? 8

9 What is a mode of trial hearing? What are the powers of the Crown Court? Describe the law relating to the granting of bail. Paragraph How is it determined where a triable either way offence will be dealt with?. Paragraph. 9