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unit 22 p4
Understand how the criminal trial process works.
Categories of criminal offence: summary offences; triable either way offences; indictable offences
Bail: police powers to grant bail; the Bail Act 1976 and Criminal Justice Act 2003; right of defendant to bail; conditional and unconditional bail; restrictions on bail; breaches of bail; right to liberty under Human Rights Act 1998
Access to legal advice and representation: duty solicitors; funding and representation for defendant; legal aid; right to a fair trial under Human Rights Act 1998
Magistrates’ courts: summary trial process; ‘guilty’ pleas; ‘not guilty’ pleas; triable either way offences; plea before venue; mode of trial; defendant’s election; indictable trial process; committal proceedings; youth courts
Crown court: trial by jury; implications of trial by jury; composition of the jury; advantages and disadvantages of the jury system
Sentencing powers: magistrates’ court sentencing powers and limitations; committal from magistrates’ courts to Crown court for sentence; Crown court sentencing and restrictions; range of sentences available
Appeals from criminal courts: appeals from magistrates’ courts to the Crown court; appeals to the Queen’s Bench Divisional Court by way of case stated; further appeals to the Supreme Court; appeals from the Crown court by the defendant; leave to appeal; Court of Appeal’s powers; appeals by the prosecution; appeals to the Supreme Court
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