1. Law foar Stev!

2.  Non-fatal offences include assault and battery.
 These are the least serious crimes and are only
heard in the magistrates.
Assault, brah.

3.  Offences include ABH (s47) and GBH (s20)
 Middle range crimes, which can be heard,
surprisingly, in either court!
 They must first appear in the Magistrate’s Court
where it will be decided whether they stay there to
be heard, or are moved up to the Crown Court.

4.  GBH (s18) would be an Indictable Offence.
 These are the most serious crimes and can only
be heard in the Crown Court. However, they’ll first
appear in the Magistrate’s Court to be transferred
to the Crown Court.
 I guess the Magistrate’s Court just wanna be in
the loop or something.

5. Non-fatal offence Actus Reus? Mens Rea?
Assault The defendant by some physical Either intention of subjective
movement, causing the victim to recklessness as to causing the
apprehend immediate, unlawful victim to apprehend immediate
personal violence. unlawful personal violence.
Battery The infliction of unlawful personal Either intention or subjective
violence by the defendant. All that is recklessness as to the infliction of
required is touching the victim unlawful personal violence.
without consent or other lawful
excuse.
Actual Bodily Harm (S. 47) An assault or battery (usually Intention or recklessness as to an
battery) which causes actual bodily assault or battery
harm – such as a bruise.
GBH (S. 20) Malicious wounding or inflicting Requires intention or recklessness
GBH. Wounding: all layers of skin to inflict some harm.
broken
GBH: serious injury, e.g. broken
bones
GBH (S. 18) Wounding or GBH as in s.20. Specific intent to cause GBH, or
intent to resist lawful arrest

6.  Magistrates deal with the early stages of all criminal cases such as
bail and the legal funding of the case so that the accused has
legal representation. They will decide if someone is eligible for free
funding through a means and merits test.
 Means test looks at whether the defendant has the means to afford
legal aid.
 Merits test means that if the defendant is likely to face
imprisonment or serious damage to their reputation they will receive
free funding.
 The defendant must pass both tests to receive funding!

7.  If the offence is indictable (srs bznz) the Magistrate’s must transfer
it to the Crown Court after dealing with bail and funding.
 If charged with a summary offence (np np) the accused will be
asked to plead guilty or not guilty after dealing with bail and funding.
If guilty, they’ll be sentenced at another hearing – no trial necessary.
If not guilty a date will be set for the trial.
 Either Way offences are a little less straightforward, though.

8.  If it is an either way offence then the Magistrates must first hold a
plea before venue hearing after dealing with bail and funding. This
is often when the accused is asked to plead guilty or not guilty. If the
plea is guilty the Magistrates will try to sentence them but may have
to refer sentencing to a Crown Court if the Magistrates Court feel
their sentencing powers aren’t good enough in dealing with the
offender after hearing their previous convictions. If the plea is not
guilty, then a mode of trial hearing must take place to decide
where the trial should go – Magistrate’s or Crown?
 Relevant factors include – the nature of the case, whether the
circumstances make the offence serious, whether the punishment
which a Magistrates’ Court has is adequate.
 If the Magistrates decide they can handle the case, they give the
accused the choice between Crown and Magistrates. They’ll warn
them first even if they choose the Magistrates they could still be sent
to the Crown Court for sentencing if the Magistrates find them guilty
but consider their powers too weak for the right sentence.

9.  Remand on bail is the release of the accused until the
next court appearance. Remand in custody is where the
accused has not been given bail as the risks are too
high in allowing him/her to remain free.
 Magistrates must decide whether to give bail or not. The
Bail Act 1976 presumes that everyone shall remain free
unless the Magistrates decide there are substantial
grounds to believe that the accused would:
 Fail to surrender to custody (fail to turn up in court)
 Commit an offence
 Interfere with witnesses

10.  In deciding whether to give bail the Magistrates will also
consider factors—
 The nature and seriousness of the offence and the
probable means of dealing with it
 Character, criminal record, associations and community
ties of the accused
 The accused’s previous bail record
 Strength of the evidence (Are they likely to be guilty?)

11.  If the Magistrates have substantial grounds to believe
the accused would not surrender to custody, and/or
interfere with witnesses and/or commit further offences
then conditions can be imposed, rather than flat out
refusing bail:
 Surrendering passport (so they can’t escape to China)
 Report to a police station
 Curfews, reside in a bail hostel, electronic tag, exclusion
from an area
 Provide a surety (A family member etc. offers to pay up if
the accused fails to attend court.)

12.  Punishment or Retribution
The punishment inflicted for grave crimes should adequately reflect the revulsion felt by the
great majority of citizens for them … it’s human nature to seek revenge and retribution for
crimes, as the wrongdoers deserve it.
 Deterrence
To deter someone from offending, or a defendant from reoffending, for fear of punishment.
 Rehabilitation
To reform and re-educate the offender so that he/she will not reoffend.
 Protecting the Public
Particularly for random violent or sexual attacks or gang crime, custody is the only way public
safety can be guaranteed.
 Reparation
Compensation orders allow offenders to be forced to make amends to the victim, usually
through financial payment. It’s only really useful if they have the funds, though. If appropriate,
community orders can force the offender to put right damage done – such as painting over
graffiti. It is also intended to make the offender aware of the harm they’ve caused.

13.  Aggravating Factors
These factors would make an offence more serious.
 Previous convictions for similar offences
 The offence was committed whilst on bail
 The involvement of racial or religious hostility
 The involvement of hostility on the grounds of disability or
sexual orientation
 Victim may have been vulnerable in some way, or the attack
was carried out in a gang.
 Abusing a position of trust e.g. a sexual assault by a teacher
or a doctor
 The use of a weapon or repeated attack

14.  Mitigating Factors
These will be pleaded on behalf of the defendant to try and get the
sentence down, and could include the following:
 First offence the defendant has committed
 The defendant is very young or old
 Defendant is vulnerable, easily influenced by
others
 He or she has expressed remorse – shown by
pleading guilty – and perhaps made an offer to
compensate the victim
 The defendant has difficult home circumstances

15.  Custodial sentences
Mandatory sentences (most serious available) is where the defendant is put into custody immediately. This covers
things like murder, which has an automatic life sentence.
Discretionary sentences is where the court has a choice whether or not to imprison somebody. The courts must have
reason to back up a custodial sentence – the judge has to be satisfied that the offence is so serious that nothing other
than custody is justified. They could however sentence them to one of the below:
 Suspended sentences
A period of custody that is not activated unless the offender commits another offence during the specified period of
time, usually 2 years.
 Community sentences
Courts can sentence an offender to a community order. This could contain a number of requirements such as unpaid
work supervised by the Probation Service, curfew, drug/alcohol treatment, residence in a specified place, exclusion
from specific areas, basic skills education, reparation to victims of crime.
 Fines
The Crown Court can impose an unlimited fine. The Magistrates’ Court is generally limited to a maximum of £5000.
 Discharges
The defendant is not sentenced as such, but if the discharge is conditional, they will be sentenced for the original
offence if they commit another offence within a specified period of up to 3 years. An absolute discharge would be
where there is technically an offence, but the offence is so trivial or there are special circumstances affecting the
offender that the case shouldn’t have been brought to court anyway.

16. A* 4 u stev cooper
u go stev cooper