Criminal Litigation and Sentencing Flashcards

Under the Bail Act 1976, what is the general presumption regarding bail for a defendant charged with a criminal offence?

Answer: There is a general right to bail, subject to exceptions

Section 4 of the Bail Act 1976 creates a general presumption in favour of bail. However, the court may refuse bail if there are substantial grounds for believing the defendant will fail to surrender, commit further offences, or interfere with witnesses. For certain serious offences, the presumption can be reversed.

What is the purpose of a Pre-Sentence Report (PSR) in criminal proceedings?

Answer: To assist the court in determining the most suitable sentence by providing information about the offender

A Pre-Sentence Report is prepared by the Probation Service and provides the court with detailed information about the offender's background, circumstances, risk of reoffending, and suitability for various sentences. The court must obtain a PSR before imposing a custodial or community sentence in most cases.

Which of the following is a community sentence requirement under the Sentencing Act 2020?

Answer: Unpaid work requirement

An unpaid work requirement (community service) is one of many requirements that can be attached to a community order under the Sentencing Act 2020. Others include curfew requirements, supervision requirements, drug rehabilitation requirements, and mental health treatment requirements.

Under section 76 of PACE, when must a confession be excluded from evidence?

Answer: When it was obtained by oppression or in circumstances likely to render it unreliable

Section 76 of PACE requires the court to exclude a confession if the prosecution cannot prove beyond reasonable doubt that it was not obtained by oppression (s.76(2)(a)) or in consequence of anything said or done which was likely to render the confession unreliable (s.76(2)(b)).

What is the difference between either-way offences and summary-only offences?

Answer: Either-way offences can be tried in either the magistrates' court or Crown Court; summary-only offences can only be tried in the magistrates' court

Either-way offences (such as theft and assault occasioning ABH) can be tried in either the magistrates' court or the Crown Court, depending on the seriousness of the case and the defendant's election. Summary-only offences (such as common assault and most driving offences) can only be tried in the magistrates' court.

What is the maximum custodial sentence that a single magistrates' court can impose for a single either-way offence?

Answer: 6 months

A magistrates' court can impose a maximum of 6 months' imprisonment for a single either-way offence (or 12 months aggregate for two or more either-way offences). If the magistrates consider their sentencing powers are insufficient, they can commit the case to the Crown Court for sentence.