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15611986
Arrested by Police - 1976 Bail Act (Section 3 & 4)
Descrição
A level Law Mapa Mental sobre Arrested by Police - 1976 Bail Act (Section 3 & 4), criado por Mark Hughes em 17-10-2018.
Sem etiquetas
1976 bail act
types of offences
criminal courts
bail procedures
law
a level
Mapa Mental por
Mark Hughes
, atualizado more than 1 year ago
Mais
Menos
Criado por
Mark Hughes
quase 6 anos atrás
206
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Resumo de Recurso
Arrested by Police - 1976 Bail Act (Section 3 & 4)
Taken to Police Station
Booked in by Custody Sergeant
Interviewed by Police
Bail considered - 1976 Bail Act (Section 4)
No
Kept in Police Custody Overnight
Taken to Magistrates in the morning for initial hearing
Confirm Identity
Defendant given statement containing evidence against them
Details of the offence they are accused of
Provided date and place where trial is to take place
Opportunity to Plead
Guilty
Within Magistrate remit
Yes
Sentenced by Magistrate
No
Case referred to Crown Court for Sentencing
Not Guilty
1976 Bail Act (Section 3) Applied
No
Remanded in Custody - eg: Winchester Prison pending trial date
Yes (See conditions)
Discuss Bail
Legal aid funding
Consider evidence
Witnesses
Indictable offences
Serious offences - rape, murder serious violent offences
Drugs offences
People trafficking
Manslaughter
Adults charged with Indictable offence will attend Magistrates' Court for an initial hearing
Defendants on an indictment sent to Crown Court for plea and case management hearing
Defendant enters their plea to the charges
Guilty
Case adjourned pending sentencing
Not guilty
Crown Court - Judge & Jury
High Risk
Risk of interferring with witnesses
Previous
Yes
1976 Bail Act (Section 3) Applied
Surrender Passport
Reside at Bail Hostel
Pay Bail Bond
Geographical restrictions
Police investigations - CPS builds a case
CCTV Evidence
WItness Statements
Prosecution Lawyer
Insufficient evidence to prosecute
Yes
Criminal charges - defendant called to court by a summons
Summary offences
Magistrates Court
Heard by a magistrate sitting alone, defendant does not have to be in attendance
Offensive behaviour
Minor assaults
Traffic offences
Damage to property
PLEA (A)
Served on the person ordered to attend court
Served in person
by hand
minor offence by recorded delivery/registered post
Plead guilty to summary offence
via post providing max penalty <3 months imprisonment
Do not need to attend court, dealt with in their absence eg. traffic offences
Either way offences (hybrid offences)
Property offences
Theft or burglary
Some violent offences
Defendant can elect for a trial by jury
Yes
Sent to Crown Court for trial
Burden of proof lies with the prosecution
No
Magistrates Court
Disclosure - Prosecution & Defence share evidence
No
Case dropped NFA 'No Further Action'
Defence Lawyer
Character Statements
Gather evidence to support defendant
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