Unit 3, AC 2.2

Alternative transcript:

can file extra/more serious charges to bluff/frighten the offender into pleading guilty so that they get a plea deal. ● Pre-trial matters: These are the decisions Magistrates' Court takes before the trial. Pre-trial review- deals with laws, like if certain evidence is admissible. Legal aid: A principle of the legal system is that everyone should have equal access to justice, no matter their financial situation. ● Not guilty pleas Magistrates make decisions about reports, legal aid, and bail before the trail can begin. ● Bail: ● Legal Aid enables people to defend themselves in court if they can't afford a lawyer, and The Legal Aid Agency helps with the cost of legal advice/representation. Defendants with summary offences can talk to a duty solicitor to discuss their plea and the evidence against them. All not guilty pleas are given legal aid and representation in court hearings. This is the temporary release of someone awaiting trial. Section 4 of the Bail Act 1976- defendants are innocent until proven guilty, so the act assumes everyone has a right to bail. After they're arrested at the police station suspects can be granted police bail and released. Custody officers can refuse bail if their name and address can't be established. The court can also grant bail after the plea is made. 2 types of bail: 1. Unconditional bail- court imposes no conditions except attending court when supposed to. 2. Conditional bail- court imposes conditions defendant must agree to/follow, like a curfew, no passport, bail hostel, etc. Remand in custody- defendant is sent to prison until trial if they breach bail conditions or court refuses bail. Refusal of bail: Court refuse bail if- ● Magistrates also look at defendants' character (pervious convictions), background, associates, drug use, and how strong the evidence against them is. Magistrates have to explain why bail is refused if they do so. Sending for trial: ● The criminal courts system: Courts of first instance are where the original trial is held- Magistrate's Courts and Crown Court Appellate courts hear appeals against the verdict/sentence imposed by lower courts- Supreme Court (highest of the land) and Court of Appeal (criminal division). Magistrates' Court: ● ● ● ● ● ● ● They are likely to surrender bail (like not showing up to court). Have previously been denied bail/breached conditions. Likely to commit crime while on bail. Will obstruct course of justice (like interfering with witnesses). Is charged with a serious offence like murder. Has to be in custody for own protection. ● After the pre-trial phase, the magistrate will arrange a date for the defendant to go to the Magistrate's Court for trial, or will send indictable cases to be heard in the Crown Court. (for not guilty defendants). ● Local courts that deal with the least serious offenses. Most criminal cases heard here, 95% of them decided here too. They pass on indictable cases to Crown Court, and any triable either way cases that they feel are too serious for them to deal , like serious assaults and large thefts. Crown Court: Have around 90 centres that deal with all indictable offences, referred triable either way offences and appeals from Magistrates' Court. They are sat with 3 magistrates, who are laypeople of the local community without legal qualifications. Sometimes there is a legally qualified District Judge instead. They are assisted by the clerk of the court who is legally qualified and can advise them if necessary. Defendants are represented by a solicitor, often with legal aid. A CPS representative presents the prosecution's case. Sentencing powers- they decided if defendants are guilty/not guilty. Can impose fines up to £5k and/or 6 months jail, and £10k and 1yr for more serious offenses. Cases that need a bigger sentence can be referred to the Crown Court who can give that heavier sentence. Defence is presented by a barrister; prosecution's case is by a CPS representative. Jury- defendants pleading not guilty have their case heard by 12 members of the public who have to examine exhibits of physical evidence, take notes and ask questions to the judge. They then go to the juror's room to consider the verdict in secret/ They're expected to have a unanimous verdict, but judge will usually accept a majority one (10-2). Judge- role is to make sure the trial is fair and defendants human rights are protected, advise jury on points of law/court procedure/what their duties are, act as the referee between defence and Appeals: Rights to appeal depend on- 1. The type of court the defendant was convicted in- Magistrates' Court or Crown Court. 2. Whether the appeal is against the conviction or just the sentence. Appeals from a Magistrates' Court: ● ● prosecution. (This is the adversarial principle where 2 sides put their cases in front of a jury to decide.) They also pass sentence if the accused is found guilty, and try the case without a jury if there is risk of them being bribed or intimidated. (Criminal Justice Act 2003). Those who win can be entitled to compensation and their legal costs. Losing can mean they pay the costs. Those who lose and want to appeal further need leave (permission) to do so, and the appeal has to be on a point of law. The Court of Appeal: Those convicted in this court have 2 automatic rights of appeal- 1. Against the conviction as long as the plea in trial was not guilty. 2. Against sentence. ● Appeals have to made within 21 days of the sentencing. It's then heard as a re-trail in Crown Court by a judge sitting with 2 magistrates. They can uphold (confirm) or quash (dismiss) the conviction, or convict the defendant of a lesser or greater charge instead. They can also reduce or increase sentences. ● The only ground for appeal here is that the conviction was unsafe. Appeals here are heard by 3 judges with no jury. Prosecution can only appeal in 4 ways: 1. Error in law by a judge resulted in dismissal. 2. Prosecution believes the acquittal happened because of jury tampering, like bribery or intimidation. 3. Prosecution believes sentence was unduly lenient. 4. There's new/compelling evidence of the acquitter's guilt. (only applies to serious cases and can result in a re-trial -case example is the murderers of Stephen Lawrence-). The Court of Appeal's powers- they can't re-try a case, but can order a re-trial, vary the conviction or decrease the sentence if they find the original verdict is unsafe. Any further appeal has to be to the Supreme Court. This is where appeals from the Crown Court are heard (criminal division). Defendants don't have any automatic right of appeal against Crown Court decision, so a judge decides whether to allow it instead. Appeals must be sought out within 28 days, with them being against both convictions and sentences. ● Appeals to the Supreme Court: This is the highest court in the legal system, it's decisions are binding on all other courts. Leave is required to appeal- there's no automatic right at this court. This court usually only hears cases where a point of law of general public importance is at risk. This court was created in 2009, it's role used to be performed by the House of Lords via the 12 Law Lords, who are the country's most senior judges. They now sit in the Supreme Court.