Arrest
You may need to mention arrest as part of criminal procedure. The police use the Police and Criminal Evidence Act 1984 which gives them powers to arrest and hold someone for questioning. They can also be taken to a police station for an interview. After this, you will be charged with an offence. The police can decide to keep you in the station or release you on bail. |
Detention
This means you are detained and your liberty is taken away. The safeguards provided in PACE 1984 mean you have the right and freedom to regular food and drink, cigarettes breaks and exercise. The Custody Officer, who is at least the rank of a Sergeant, keeps a written record of everything that is given to you and at what times. The Custody officer is constantly checking and justifying your detention. Suspects could be kept to prevent them tampering with evidence or warning co-conspirators but also if they are a danger to society. |
Bail
s.4 Bail Act 1976 gives the provision that there is a presumption that everybody is entitled to bail. All suspects will be granted bail unless there are reasons that we should take this away. There are two types of bail, unconditional bail and conditional bail.
Unconditional bail means you are free with no conditions imposed on you; you just have to return for your trial. Conditional Bail means that you are free to go until the next stage in the case, but there are certain conditions imposed on you. These can vary and be combined on certain suspects depending on the crimes charged with and character of the suspect. A few are listed below:
s.4 Bail Act 1976 gives the provision that there is a presumption that everybody is entitled to bail. All suspects will be granted bail unless there are reasons that we should take this away. There are two types of bail, unconditional bail and conditional bail.
Unconditional bail means you are free with no conditions imposed on you; you just have to return for your trial. Conditional Bail means that you are free to go until the next stage in the case, but there are certain conditions imposed on you. These can vary and be combined on certain suspects depending on the crimes charged with and character of the suspect. A few are listed below:
- Curfews
- Tagging
- Exclusion Zones
- Sureties
- Not to drive
- Reporting to a police station
Sentencing
Once you have been found guilty of an offence, you will be set to return at a later date for sentencing. The judge or magistrate will look at your case and certain things will be taken into consideration to work out if you deserve a high sentence or a lower one.
Aims of sentencing
Once you have been found guilty of an offence, you will be set to return at a later date for sentencing. The judge or magistrate will look at your case and certain things will be taken into consideration to work out if you deserve a high sentence or a lower one.
Aims of sentencing
- Retribution - 'an eye for an eye, a tooth for a tooth'. This is the idea of punishing someone for their actions that we deem unacceptable.
- Rehabilitation - we aim to change the defendant's victims and stop them committing these crimes. By talking and working with them and giving them skills, they can become stronger members of society who can effectively contribute and not cause problems linked to crime. This can take form of volunteer work that helps train them or drug rehabilitation to prevent the reason that cause them problems in life.
- Reparation - this is the idea of paying back to the individual victim. Returning stolen money is an example. The classic idea is the boy who stole from the shop working off his debt. By facing the victim, it brings a personal touch to the defendant and it can prevent them committing these crimes again.
- Protection of the Public - some defendants are a danger to society and we need to detain them for our own safety, where this be in prison or a mental institution for their own protection as well.
- Deterrence/Reduction of crime - if a crime carries a large sentence, then the defendant may consider the risks and benefits of the crime and weigh up if it is worth it. If the sentence prevents people committing crimes in the first place then it acts as a deterrent.
Factors for sentencing
After the aims of sentencing have been taken into consideration then the judge or magistrate will take into account aggaravating factor and mitigating factors. This affect how high or low the sentences can become. Judges or magistrates get given set sentencing guidelines which allow them to see the maximum and minimum sentence allowed for particular offences and then they can vary within that boundary depending on the factors.
After the aims of sentencing have been taken into consideration then the judge or magistrate will take into account aggaravating factor and mitigating factors. This affect how high or low the sentences can become. Judges or magistrates get given set sentencing guidelines which allow them to see the maximum and minimum sentence allowed for particular offences and then they can vary within that boundary depending on the factors.
Aggravating Factors
These are those that increase the sentence. They mean that the crime is more severe and that they will raise the sentence from the original benchmark. Some of these could include:
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Mitigating Factors
These are factors that will decrease the sentence of the defendant. They are justifiable reasons that mean we can be a bit lenient with the defendant. Some of these could include:
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