Criminal Courts and Prosecution Process- ML 1

What is the journey to court?

Involves arrest (with or without a warrant), charge, summons or written charge.

What is bail?

A system where a person awaiting trial may be freed pending the next hearing. Outlined in bail act 1976.

When can magistrates remand a defendant in custody?

Only for most serious offenders where there is a risk to the wider public or of them abscending.

What is a charge?

A formal accusation providing basic details of the alleged crime, indicating prosecution and court apperance.

What is a summons?

A formal document issued by a magistrates’ court, setting out one or more crime allegations in similar detail to a charge. The CPS can send a written charge to the accusers, also known as ‘requisition’ which is a formal notification of date to appear in court for minor offence.

Where do all criminal cases start?

In Magistrates, with most cases brought by the CPS.

What are summary offences?

Less serious offences that are tried and finished in the magistrates’ court.

What are either way offences?

Where a defendant pleads not guilty, on allocation hearing determines whether the magistrates court will hear it or if it must go to crown court, or the defendant can choose crown for trial by jury.

What are indictable only offences?

Are tried in the Crown court, where the judge decides the verdict and sentence.