Law : Criminal - Courts + Appeals

Bail definition

Rubuttable presumption that bail will be awarded uner the Bail Act 1976
Not being held in custody whilst waiting for trail

Types of bail

Conditional - For example: Not contacting people, surrendering passport, residing at a particular address

Unconditional - under all circumstances

Trial at the Magistrates

Deal with 97% of all cases
First hearings for either way and indictable offences to be moved to the Crown Court

Only serious offences will get to crown court

Crown Prosecution Service

Responsible for most criminal offences

Decide which cases are to be prosecuted

Determine most appropriate offences to charge D with 

Prepare and present case in a court

Code for Crown Prosecutors

Decision is made if case passes a 2 part test

1. Evidential burden test - Must be sufficient evidence

2. Public interest test - Must be in the public interest

Factors influencing decision on 2 part test

• Premeditation

• use of weapon

• D being vulnerable

• Previous convictions

Criminal appeals

Only available for certain reasons

Possibility to go to other courts and appeal further

Appeals from Mags to Crown

Only available to defence

Can appeal against sentence and or conviction

Appeals from Mags to Kings bench

Available to both D and P

May only appeal on a point of law

Decisions

Can be affirmed, quashed or sent back for retrial

Appeal

Will be heard by 2/3 high court judges

May be heard by CoA judge

Further appeal to SC is available but requires a ‘leave to appeal’

Appeals from the Crown Court

P may appeal against the acquittal of the D if unhappy with the decision, and also the sentence as long as AG deems it lenient