39709
Description
Mind Map by Chris Harper, updated more than 1 year ago
|
Created by Chris Harper
over 11 years ago
|
|
Mag Courts - Summary Cases
- Magistrates are also called JP's (Justice of the Peace)
- There are also district judges appointed after seven years as a lawyer
- Bail (Bail Act 1976)
- A defendant must be granted bail unless:
- They will commit another offence
- Obstruct the course of justice
- For their own protection
- Committed an offence while on bail before
- Serving a jail sentence or not enough info
- They will commit another offence
- The court believes they will abscond
- Court is told of any previous convictions when deciding on bail
- DO NOT WRITE WHY BAIL, IF IT WAS, REFUSED
- A defendant must be granted bail unless:
- Section 8C of the M.C Act 1980 and pre-trail hearings
- Any proceeding which takes place after a defendant has pleaded not guilty and before prosecution evidence
- To prevent prejudice if to be tried in front of a Crown. C jury
- The media can only report:
- Name of the court and magistrates
- Names, ages, home address and occupations of defendants and witnesses
- The charge in full or summerised
- Names of legal representatives in proceedings
- Arrangements to bail
- If the case was adjourned
- Legal aid
- Name of the court and magistrates
- Magistrates can lift 8C but if defendant refuses, court must only lift in the INTERESTS OF JUSTICE
- Any proceeding which takes place after a defendant has pleaded not guilty and before prosecution evidence
- A witness who refuses to testify or changes their statement can be called a HOSTILE WITNESS
- They can be asked leading questions
- They can be asked leading questions
- Jail Sentences
- Consecutive jail sentence is where one runs after the other
- Concurrent is where the defendant serves the longest sentence
- Suspended sentence is where a defendant does not have to go to jail unless they commit a further offence
- For which a jail sentence could be imposed
- For which a jail sentence could be imposed
- Consecutive jail sentence is where one runs after the other
- Other sentences
- Community order (requirements:)
- Curfew
- Unpaid work
- Treatment for drug/alcohol
- Attendance centre to reflect
- Curfew
- Conditional Discharge - No punishment but if they re-offend, liable to be punished for both offences
- Absolute Discharge - No punishment other than the conviction
- Absolute Discharge - No punishment other than the conviction
- Can be 'bound over' - Agrees to pay money if do not keep the peace
- CIVIL LAW MEASURE. NOT A CONVICTION
- CIVIL LAW MEASURE. NOT A CONVICTION
- Community order (requirements:)
Want to create your own Mind Maps for free with GoConqr? Learn more.