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Summary Aspects of the legal system 2
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P4 –Summary Offence – A summary offence is an offence that can be heard by a magistrate sitting
alone, rather than a judge and jury. A summary offence can also be heard without the accused
person being present at court. Summary offences are usually considered to be less serious
offences. Here are some different types of examples of summary offences -
Road traffic offences - for example, careless driving, drink driving and unlicensed driving
Minor assaults
Property damage
Offensive behaviour
After you have had the opportunity to consider the evidence provided by the prosecution, you
will be asked to enter a plea. If you decide to plead guilty, the court will then go on to decide
what sentence is appropriate. If you decide to plead not guilty, then there will have to be a
trial. It might be possible to fix a trial date at the hearing when you enter your place, but it may
be necessary for the case to be adjourned for a Pre-Trial Review (PTR). A PTR will help to sort
out any administrative issues to do with the trial, like the availability of witnesses or
preparations for any legal arguments. It may be possible to have your attendance at a PTR
excused if you are working or will find it difficult to attend for any other reason. It is very
important that you keep in touch with your solicitor and give them all of the information that
they ask for to prepare for your trial. You are their best source of information about what
actually happened.
Either Way Offence –
After your solicitors have had the opportunity to consider the evidence provided by the
prosecution, the court will go through the ‘Plea before Venue’ procedure. You will be asked if
you want to indicate a plea of guilty or not guilty or make no indication of plea at all. If you
decide to plead guilty, then the court will have to decide if its’ powers of sentence are enough
to deal with your case. If they think that they have insufficient sentencing power, then they can
send your case to the Crown Court for you to be sentenced by a judge. If you decide to plead
not guilty or not to enter a plea at all, then the court will decide which court is the most
appropriate court venue for the case, based on the seriousness of the allegations. If they think
that the case could be heard in the Magistrates’ Court, you will be offered the choice of having
your case dealt with in that court or by a judge and jury at the Crown Court. If they decide that
it would be more appropriate for your case to be heard in the Crown Court, then you do not
have a choice to make.
Indictable Offence - Indictable offences are more serious offences that can't be heard without
the person accused of the crime being present at court. These offences are usually heard in the
Magistrates' Court for a committal hearing, then may be committed for trial before a judge in
the County Court or Supreme Court.
,Types of indictable offences include:
Aggravated burglary
Indecent assault
Drug trafficking offences
Manslaughter
Murder
Some indictable offences may be heard in the Magistrates' Court where the court believes it is
appropriate for the offence to be dealt with by a magistrate. an indictable offence is an offence
which can only be tried on an indictment after a preliminary hearing to determine whether
there is a prima facie case to answer or by a grand jury (in contrast to a summary offence.
What is bail?
A bail is the temporary release of an accused person awaiting trial, sometimes on condition that
a sum of money is lodged to guarantee their appearance in court. You can be released on bail at
the police station after you’ve been charged. This means you will be able to go home until your
court hearing. You are given bail; you might have to agree to conditions like:
Living at a particular address
Not contacting certain people
Giving your passport to the police so you cannot leave the UK
Reporting to a police station at agreed times, for example once a week
If you do not stick to these conditions you can be arrested again and be taken to prison to wait
for your court hearing. When you attend your hearing at a magistrates’ court you might be
given bail again until your trial begins.
You’re unlikely to be given bail if:
You are charged with a serious offence, for example armed robbery
You’ve been convicted of a serious crime in the past
You’ve been given bail in the past and not stuck to the terms
The police think you may not turn up for your hearing
The police think you might commit a crime while you’re on bail
When someone is given bail, this means that the suspect can leave police custody with certain
conditions. This also means that when a suspect leaves custody they will have bail for the next
stage of the process, such as a trail. When police are grating bail there are certain reasons when
bail can’t be granted and these reasons are the name and address of the suspect is unknown,
the police believe the suspect will interfere with evidence or the witness, the suspect needs to
, stay in custody for their safety or other people’s safety or the police believe that the suspect
will fail to attend court.
Police Powers to Grant Bail –
A person can be released on bail if after being arrested by the Police, or after being charged and
before the trial, or during the trial process itself. Police may release a suspect on bail whilst
they make further enquiries, ‘bailed to return’. The suspect may be released on condition
he/she returns on a specific date. Police may give bail to a suspect charge with an offence and
they must appear at the local magistrate’s court at an agreed date and time. Decisions on giving
bail is made by the Custody Officer, as amended by the Bail Act 1976.
Bail can be refused if the suspect’s name and address cannot be discovered or if the Police think
that they have given false identity. If a person fails to surrender to bail, the Police can arrest
them.
Police may impose conditions under the Criminal Justice and Public Order Act 1994. They can
request that the suspect surrenders their passport. They can report regularly to Police Stations;
they cannot interfere with witnesses. Also, they can remain under curfew at home for specified
periods.
If bail is not given by the Police, the suspect must appear in the Magistrates Court at the
earliest opportunity.
The Bail Act 1976 and Defendant’s Right to Bail –
A court doesn’t have to give bail if they believe that the suspect will –
Fail to surrender to custody
Commit an offence while on bail
Interfere with witnesses
Courts can also refuse bail if they believe the suspect should be kept in for his own safety.
Courts also consider the following factors before granting bail:
The nature and seriousness of the offence
The character, antecedents (previous criminal records), associations and community ties
of the defendant (local Police Officer).
Whether or not the defendant has surrendered to bail in the past
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