Criminal ProcedureLaw foar Stev!

Non-fatal offences include assault and battery. These are the least serious crimes and are only

heard in the magistrates.

Summary Offences

Assault, brah.

Offences include ABH (s47) and GBH (s20) Middle range crimes, which can be heard,

surprisingly, in either court! They must first appear in the Magistrate’s Court

where it will be decided whether they stay there to be heard, or are moved up to the Crown Court.

Either-Way Offences

GBH (s18) would be an Indictable Offence. These are the most serious crimes and can only

be heard in the Crown Court. However, they’ll first appear in the Magistrate’s Court to be transferred to the Crown Court.

I guess the Magistrate’s Court just wanna be in the loop or something.

Indictable Offences

Non-fatal offence Actus Reus? Mens Rea?

Assault The defendant by some physical movement, causing the victim to apprehend immediate, unlawful personal violence.

Either intention of subjective recklessness as to causing the victim to apprehend immediate unlawful personal violence.

Battery The infliction of unlawful personal violence by the defendant. All that is required is touching the victim without consent or other lawful excuse.

Either intention or subjective recklessness as to the infliction of unlawful personal violence.

Actual Bodily Harm (S. 47) An assault or battery (usually battery) which causes actual bodily harm – such as a bruise.

Intention or recklessness as to an assault or battery

GBH (S. 20) Malicious wounding or inflicting GBH. Wounding: all layers of skin brokenGBH: serious injury, e.g. broken bones

Requires intention or recklessness to inflict some harm.

GBH (S. 18) Wounding or GBH as in s.20. Specific intent to cause GBH, or intent to resist lawful arrest

Non-Fatal Offences

Magistrates deal with the early stages of all criminal cases such as bail and the legal funding of the case so that the accused has legal representation. They will decide if someone is eligible for free funding through a means and merits test.

Means test looks at whether the defendant has the means to afford legal aid.

Merits test means that if the defendant is likely to face imprisonment or serious damage to their reputation they will receive free funding.

The defendant must pass both tests to receive funding!

Pre-Trial Issues

If the offence is indictable (srs bznz) the Magistrate’s must transfer it to the Crown Court after dealing with bail and funding.

If charged with a summary offence (np np) the accused will be asked to plead guilty or not guilty after dealing with bail and funding. If guilty, they’ll be sentenced at another hearing – no trial necessary. If not guilty a date will be set for the trial.

Either Way offences are a little less straightforward, though.

Pre-Trial Issues

If it is an either way offence then the Magistrates must first hold a plea before venue hearing after dealing with bail and funding. This is often when the accused is asked to plead guilty or not guilty. If the plea is guilty the Magistrates will try to sentence them but may have to refer sentencing to a Crown Court if the Magistrates Court feel their sentencing powers aren’t good enough in dealing with the offender after hearing their previous convictions. If the plea is not guilty, then a mode of trial hearing must take place to decide where the trial should go – Magistrate’s or Crown?

Relevant factors include – the nature of the case, whether the circumstances make the offence serious, whether the punishment which a Magistrates’ Court has is adequate.

If the Magistrates decide they can handle the case, they give the accused the choice between Crown and Magistrates. They’ll warn them first even if they choose the Magistrates they could still be sent to the Crown Court for sentencing if the Magistrates find them guilty but consider their powers too weak for the right sentence.

Pre-Trial Issues

Remand on bail is the release of the accused until the next court appearance. Remand in custody is where the accused has not been given bail as the risks are too high in allowing him/her to remain free.

Magistrates must decide whether to give bail or not. The Bail Act 1976 presumes that everyone shall remain free unless the Magistrates decide there are substantial grounds to believe that the accused would:

Fail to surrender to custody (fail to turn up in court) Commit an offence Interfere with witnesses

Pre-Trial Issues—Bail

In deciding whether to give bail the Magistrates will also consider factors—

The nature and seriousness of the offence and the probable means of dealing with it

Character, criminal record, associations and community ties of the accused

The accused’s previous bail record Strength of the evidence (Are they likely to be guilty?)

Pre-Trial Issues—Bail

If the Magistrates have substantial grounds to believe the accused would not surrender to custody, and/or interfere with witnesses and/or commit further offences then conditions can be imposed, rather than flat out refusing bail:

Surrendering passport (so they can’t escape to China) Report to a police station Curfews, reside in a bail hostel, electronic tag, exclusion

from an area Provide a surety (A family member etc. offers to pay up if

the accused fails to attend court.)

Pre-Trial Issues—Bail

Punishment or RetributionThe punishment inflicted for grave crimes should adequately reflect the revulsion felt by the great majority of citizens for them … it’s human nature to seek revenge and retribution for crimes, as the wrongdoers deserve it.

DeterrenceTo deter someone from offending, or a defendant from reoffending, for fear of punishment.

RehabilitationTo reform and re-educate the offender so that he/she will not reoffend.

Protecting the PublicParticularly for random violent or sexual attacks or gang crime, custody is the only way public safety can be guaranteed.

ReparationCompensation orders allow offenders to be forced to make amends to the victim, usually through financial payment. It’s only really useful if they have the funds, though. If appropriate, community orders can force the offender to put right damage done – such as painting over graffiti. It is also intended to make the offender aware of the harm they’ve caused.

Aims of Sentencing

Aggravating Factors These factors would make an offence more serious. Previous convictions for similar offences The offence was committed whilst on bail The involvement of racial or religious hostility The involvement of hostility on the grounds of disability or

sexual orientation Victim may have been vulnerable in some way, or the attack

was carried out in a gang. Abusing a position of trust e.g. a sexual assault by a teacher

or a doctor The use of a weapon or repeated attack

Factors that may affect sentencing

Mitigating FactorsThese will be pleaded on behalf of the defendant to try and get the sentence down, and could include the following:

First offence the defendant has committed The defendant is very young or old Defendant is vulnerable, easily influenced by others He or she has expressed remorse – shown by

pleading guilty – and perhaps made an offer to compensate the victim

The defendant has difficult home circumstances

Factors that may affect sentencing

Custodial sentencesMandatory sentences (most serious available) is where the defendant is put into custody immediately. This covers things like murder, which has an automatic life sentence.

Discretionary sentences is where the court has a choice whether or not to imprison somebody. The courts must have reason to back up a custodial sentence – the judge has to be satisfied that the offence is so serious that nothing other than custody is justified. They could however sentence them to one of the below:

Suspended sentencesA period of custody that is not activated unless the offender commits another offence during the specified period of time, usually 2 years.

Community sentencesCourts can sentence an offender to a community order. This could contain a number of requirements such as unpaid work supervised by the Probation Service, curfew, drug/alcohol treatment, residence in a specified place, exclusion from specific areas, basic skills education, reparation to victims of crime.

FinesThe Crown Court can impose an unlimited fine. The Magistrates’ Court is generally limited to a maximum of £5000.

DischargesThe defendant is not sentenced as such, but if the discharge is conditional, they will be sentenced for the original offence if they commit another offence within a specified period of up to 3 years. An absolute discharge would be where there is technically an offence, but the offence is so trivial or there are special circumstances affecting the offender that the case shouldn’t have been brought to court anyway.

Types of Sentences

A* 4 u stev cooperu go stev cooper