• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

What is the procedure for bail and sentencing after a criminals charge?

Extracts from this document...

Introduction

Outline to Magistrates and Crown Court (10) All defendants after being charged must be brought before magistrates to hear the formal charge(s) brought against them and to confirm their name and address, At this preliminary hearing, they will have the opportunity to ask for bail under the Bail Act 1976 and also to apply for criminal legal aid. If the offence charged is a summary one - triable only by magistrates, a trial date will be set. If the offence is an either-way one - triable by magistrates or Crown Court - a plea before venue hearing date will be arranged when the defendant will be asked how he intends to plead. If he decides to plead guilty, the magistrates will set a date for sentencing. ...read more.

Middle

If convicted, it is then the responsibility of the judge to decide his sentence. Model answer to sentencing Before sentencing X, the judge would first consider which aims of sentencing were appropriate. These are retribution which simply means punishment - giving X her 'just deserts'. He could also impose a deterrent sentence to prevent her re-offending OR a rehabilitative sentence being imposed. If convicted of non fatal offence, the judge could decide to impose a custodial sentence to protect society. The range of sentences cover four main types - custodial, community, financial and discharges. Under the Powers of Criminal Courts (Sentencing) Act 2000 there are 3 types of custodial sentences. ...read more.

Conclusion

Finally, the lowest form of sentencing is a Discharge, either absolute where X would be completely freed by the court, or conditional which means that she would be sentenced if she committed another offence within a period not greater than 3 years from the original offence. Before deciding on the actual sentence, the judge would consider both aggravating and mitigating factors. Aggravating are those which would tend to result in a heavier sentence and include - use of weapon, def had previous convictions s. 143 CJA 2003 or Racially or religiously aggravated s. 145 CJA 2003 and the offence was premeditated Mitigating factors would 'lighten' the sentence and include - early guilty plea, 1/3 of the sentence is reduced, Genuine remorse, Youth and maturity of the def or the Def' family responsibilities ?? ?? ?? ?? 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Criminal Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Criminal Law essays

  1. Pros and cons of custodial and community sentences.

    Statistics show that in the first two years of electronic tagging 80%+ of offenders completed the tagging period. The disadvantages of community sentences are that this type of sentence can be seen as too soft and ineffective. Also this type of sentence is no better at preventing re-offending.

  2. Describe the aims of sentencing and other factors that should be taken into account ...

    Denunciation is about expressing society's disapproval of criminal activity. A sentence should indicate both to the offender and to other people that society condemns certain types of behaviour.

  1. Outline the range of duties undertaken by lay magistrates. Comment on how well Lay ...

    Under the Employment Rights Act 1996, employers are legally obliged to allow employees reasonable time off to serve as magistrates, although they are not obliged to pay them. National companies are in a much better position to give employees paid time off work than small organisations, which if they do give time off will not always pay them.

  2. Free essay

    police powers

    This is under section 8 of PACE. A warrant must specify the premises to be searched and the articles of which they want to find. Section 16 of PACE and the code of practice B set out full guide lines for executing search warrants.

  1. Current system for granting or refusing bail.

    turning up to bail, the defendants character and past record with associations and community ties, and finally the strength of the evidence against the defendant. In terrorism, bail won't be granted to foreign citizens who are suspected of being involved in terrorist activity and they can be attained without trial.

  2. Prison Inmate Rehabilitation Through Education

    cases because of the increase in sentences for certain crimes, the punishment can sometimes out weigh the crime itself. However, the high probability rate of repeat offenders proves that the condition of prison life for those that are repeat offenders is not a determent.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work