START OF COURT PROCEEDINGS
CRIMINAL PROCEEDINGS, OFFENCES AND BAIL Criminal proceedings start because of an arrest, summons, charge or warrant – the charge will set out the basic details of the crime – date, place, name of alleged victim, etc. An arrested person may be released on “police bail” – they’re free to go but may be recalled. You need to know crime definitions – the difference for instance between theft, robbery and burglary. Court bail – as opposed to police bail – gives the person their liberty until their next court appearance. It’s almost always assumed it will be granted – but can be refused if there’s a fear of absconding, committing another offence or interfering with witnesses Conditions are often attached – not to contact witnesses/victims, regular reporting to the police, curfew, surety, etc.
SUMMARY TRIAL This is a trial before magistrates – either of an adult or youth – for a low-level offence or an either-way offence where the person has elected summary trial. Its format is similar to a Crown Court trial – prosecution statements and witnesses, cross-examination, defence likewise. However, it’s the magistrates and not a jury which decides guilt or innocence. They also sentence – often after an adjournment for reports. If it was an either-way offence they may send the person to Crown Court for sentence. After a guilty verdict the defence can offer mitigation – explanation of reasons, background, etc, which may have led to the crime. When pleading guilty a defendant may ask for other (unsolved) crimes to be taken into consideration – known as “TICs”. Not to be confused with previous convictions.
MAGISTRATESS COURT SENTENCES Magistrates can only give a jail term of up to six months for a single offence and a total of 12 months for one or more offences if these are to run consecutively. (Often prison sentences run concurrently.) Generally, magistrates cannot impose a fine of more than £5,000. A suspended sentence is one which will only be implemented if another offence is committed within a given time period. Other sentences include absolute or conditional discharge, fines and community orders/punishments. The latter usually involve unpaid work.
CROWN COURT Crown Courts deal with criminal trials for the most serious – “indictable-only” – offences. An indictment is the document used to record the charge against a defendant at Crown Court. They also deal with sentencing sent from magistrates courts and appeals from magistrates courts against verdict or sentence. In a Crown Court trial, juries decide the verdict and judges rule on the law and pass sentence. Juries are expected to pass unanimous verdicts but, after two hours and ten minutes(!) the judge can accept a majority verdict of 11 – 1 or 10 – 2. If a defendant is convicted by a majority verdict we can say so. If they are acquitted by a majority, convention says we don’t say so – it indicates at least one juror still thinks he’s guilty!