Teaching notes for AS Law Bail & PreTrial

1. Bail &
Pre-trial
So you’ve been stopped and searched, arrested, detained and charged...
What’s next?
MAH 2013-14

2. Starter:
Can you sort the dominoes?
Student Task:
Using all of your learning last term on the powers of the police,
reconstruct the dominoes!
Lollipop level No handouts, just brains
Sticker Satisfactory? Use the handouts or a handy textbook
Too easy? Can you explain two recent changes to
the powers of the police?

3. Homework
1. Prepare revision notes and revise for an end of unit test on all of police powers
in two weeks time.
2. Watch the first episode of “24 hours in Police Custody” and write a review of the
program.
 Does it accurately reflect the law as you have been taught it?
 What key aspects of police powers are highlighted?
 How does the program show the police respecting the rights of the individual
and still trying to protect the public?

4. Introduction:
Dunstable and the Law on Bail
Student Task:
One of the key cases on bail, and one which has actually changed
the law, is that of Gary Weddell, from Dunstable. Read the article
in your handouts and complete the grid in as much detail as you
can!
Who can deal with
the issue of bail?
What happens if bail
is refused?
What kind of
conditions may be
imposed?
Why might bail be
refused?
Challenge: When can
D reapply for bail?
Extension:
Do you think that the courts got
the balance between protecting
the public and the presumption of
innocence right in this case?
Why? Why not?

5. There is a presumption that D is
entitled to remain at liberty until
the next stage in the process.
Introduction
Bail: The Basics
Who
decides?
Why? What could
rebut it?
What next
stage?
s.4 Bail Act 1976
If it’s denied,
what will
happen?

6. Police Bail
s.38 PACE 1984 (as
amended)
Gives the power to our friendly
local
custody officer!
....this can be at any point
after arrest…
Either: charged and released on bail until court
Or: released on bail pending further inquiries.
Thinking:
Do you think that the police are likely to grant bail?
Why do you think that is?

7. …and if the police refuse bail?
D must appear in the MC
at the first possible
opportunity
 Why?
 What if the MC can’t deal
with the case then and
there?
The can grant unconditional bail,
vary or impose conditions or
remand D

8. Type of bail?
Conditional Unconditional
“your own recognisance”
To ensure D surrenders
themselves at the next
stage in the criminal
process.
Surety
Residence Order
Passport
Curfew with tagging
Reporting to station
Exclusion zones
Contact bans
What if you don’t agree with the conditions?

9. Surety:
A Case Example

10. What do the police and the courts take into
account in deciding whether or not to grant bail?
The nature and seriousness of the offence D’s antecedents
Probable sentence D’s associations and community ties
D’s previous behaviour whilst on bail For D’s own protection
D’s character Strength of the evidence against D

11. Plenary:
How do each of the following images link to today’s
lesson?

12. Starter:
Can you find the ten bail related words?
All of you should be
able to find the words
Most of you should
be able to define
them
Some of you should
be able to construct a
summary paragraph
on the operation of
bail, using all 10
words.

13. Why might the courts and the police refuse to
grant bail?
 If D’s name and address can not
be discovered
 If there is doubt that the name
and address are genuine
If there are substantial grounds
to believe D may not surrender to
custody
S is likely to commit further
offences whilst on bail
S would interfere with witnesses
or otherwise obstruct the course of
justice
*New Law*
If there is no real prospect of D receiving a
custodial sentence, then bail must be granted.

14. Why else might it be refused?
Statutory rebuttals
Statute Rebuttal
s.114 Coroners and Criminal Justice
Act 2009
No bail where D was convicted of homicide,
rape previously and now charged with one of
them again, unless of the opinion there are
‘exceptional circumstances’.
s.25 Criminal Justice & Public Order
Act 1994 (as amended)
D not granted bail if at the time of the offence
D was on bail for an indictable or triable either
way offence.
s.19 Criminal Justice Act 2003 Restricts bail for adult class A drug users.
s.14 Criminal Justice Act 2003 If there are substantial grounds to believe D
would engage in conduct likely to cause
physical or mental injury to a person and D has
been charged with murder
Most of these have been amended by the Legal Aid, Sentencing and Punishment of
Offenders Act 2012
Task: Can you match the rebuttal to its statutory origins?

15. Applying the Law:
Ok, so you kind of get it...
Advise Alex on which factors and conditions would affect his bail decision:
Alex, aged 19, is charged with a robbery in which he threatened a shopkeeper with a gun
and stole £2000. He has no previous convictions and lives at home with his mother.

16. What else can the courts do?
 When might the court consider the issue of bail for D?
 Why might they refuse bail? If there are substantial grounds to
believe D might……
Fail... Commit... Interfere... D’s own...
What conditions
can they impose?
What if the
defendant is
under 18?
What if there was no
chance they would be
sentenced to custody?
What can
they do to
other
decisions?

17. Bonus Knowledge:
A final appeal
Bail (Amendment) Act 1993
(as amended)
 P has right to appeal to judge at CC
against granting of bail.
 Applies to all offences
LASPO Act 2012
 Further right of appeal from CC to HC,
but only if they have not already
appealed from the MC to the CC
.
Why might they want
to appeal?
 only one further application to MC,
unless change of circumstances.
 can appeal against refusal to grant
bail – made to judge in the crown court.
D who is sent to trial in the CC, apply
there for bail...
Why might they want
to appeal?
Prosecution Appeals Defence Appeals

19. Starter:
Demonstrate your knowledge
Using your understanding,
complete the triangle...
There is only one correct
solution.
Lollipop level No handouts, just brains
Sticker Satisfactory?
Use the handouts or a handy textbook
Too easy? Can you spot what’s
missing from the triangle?

20. Do you know what a good essay should look like?
On your desk you have a
sample student’s essay.
Task One:
Mark it!
Task Two:
Comment on it!
Task Three:
Improve it!
Bail is whether D should stay in custody or free. Under s.4 of the Bail Act
1976 D should be granted bail.
Both the police and the courts can grant bail. The police can give bail to a D
who has been charged with an offence, to make sure they appear at court.
The police can also refuse bail and if D doesn’t turn up the police can
arrest him. If the police refuse bail they must bring the defendant in front
of the Magistrates Court. If the Magistrate can’t deal with the whole case
then they will decide whether to remand or give bail.
Most people get unconditional bail. The courts and the police can also give
him conditions to stick to, to make sure he turns up e.g. surety.
When deciding whether D gets bail, the court looks at the background of D
and what he has done. But if he wouldn’t be put in prison for it at the end,
then he can only be locked up if he didn’t stick to it before or the court has
reason to think he won’t this time.
To protect the public, D might not get bail if he committed the offence
while on bail or if D is an adult and charged with a drugs offence
People who are repeat offender have a limited chance of getting bail,
especially those who are charged with murder, attempted murder,
manslaughter, rape or attempted rape and have already served a sentence
for a similar offence. (s25 Criminal Justice and Public Act - which has been
amended). After Gary Weddell it is also harder for a murderer to get bail if
they think he might harm someone else.
D is still innocent until proven guilty and so should be given bail because
it’s fairer.

21. Evaluation:
The rights of the defendant to have liberty and
the presumption of innocence.
Vs.
The public’s right to be protected from repeat
offenders, or those who abscond whilst on bail
14% of those on bail
fail to appear at court
25% of DD commit a further offence
whilst on bail
About 20% of the
prison
population is on
remand.
60% of those on
remand will be given a
non-custodial
sentence.
18% of those on
remand will be
found not guilty
All of you need to explain three clear reasons for your opinion
Most of you need to support those opinions with reference to statutes, cases or
statistics
Some of you will be able to discuss the question fully by addressing a
counterargument for each point.
Does bail work? Challenge:
Read the Daily
Mail article and
explain why bail
might be more
effective than
they claim!

22. English Legal System:
Pre-trial Procedure
What happens before you go to trial, and how do we
decide where you go?
Or

23. Intro:
Can You Remember the Categories of Offences?
…because this will determine what happens to you at first instance!
Type Which Court? Examples

24. What’s the difference between the two Courts?
Approx. 1.3m
convicted each year
Approx. 80,000
convicted each year
Powers?
Who sits there and what do they do?
Question of fact Looking at the evidence, did D do the acts or have a defence as argued
Question of law Should the evidence or issue be allowed in court? What sentence should they receive.

25. ... D enters the mode
of trial procedure...
…these can take
place at the same
time.
 Does MC have the
sentencing power to
deal with it?
 Why might D plead
guilty this early?
Why might we
‘reward’ him for this?
TEW Offences
Stage One:
Plea before venue hearing
What if D des not, or cannot enter a plea?

26. Mode of Trial
You must be able to describe this in some detail.
Who can use it?
What do the Magistrates take into account?
Purpose is to...
representations from the
prosecution and the defence
the nature of the case
[complexities]
the seriousness of the offencewhether their sentencing
powers are sufficient
Following the Criminal Justice Act
2003, D’s previous convictions.
any other relevant
circumstances
TEW Offences
 Magistrates decide if they have jurisdiction. If they do, then you can
choose…
 If they do not, you automatically go to the Crown Court.

27. D is charged with a triable either way offence offence and bailed
to appear in the Magistrates’ Court
Stage One:
D Pleads... D Pleads...
Then?
But...
Then?
But...
Got it? Complete the flow diagram on p.12

28. Plenary:
Have you
got it?
Across
6. Procedure for deciding where a case will be heard
(4,2,5)
9. Offence which can only be tried at the Crown Court
(10)
10. Court in which pretrial procedures take place (11)
Down
1. If the Magistrates decide they have this, they can try the case (12)
2. One of the reasons the case may be sent to the Magistrates (5,2,5)
3. Group of 12 people who hear cases (4)
4. D must enter this to decide what stage comes next (4)
5. One of the reasons D may opt for the Magistrates Court (7)
7. Percentage of cases tried at the Crown Court (3)
8. Example of triable either way offence (3)

29. Plenary:
Have you
got it?
Across
6. Procedure for deciding where a case will be heard
(4,2,5)
9. Offence which can only be tried at the Crown Court
(10)
10. Court in which pretrial procedures take place (11)
Down
1. If the Magistrates decide they have this, they can try the case (12)
2. One of the reasons the case may be sent to the Magistrates (5,2,5)
3. Group of 12 people who hear cases (4)
4. D must enter this to decide what stage comes next (4)
5. One of the reasons D may opt for the Magistrates Court (7)
7. Percentage of cases tried at the Crown Court (3)
8. Example of triable either way offence (3)

30. Starter:
Can you unscramble the words to reveal the
phrase?
All of you will be
able to unscramble
most of the words
Most of you will be
able to use this to
reveal the phrase
below.
Some of you will be
able to follow the
instructions in the
phrase.

31. Testing Times
In which court would the following people be likely to have their case heard and why?
Wilma has been charged with the murder of
Miss Hart
Sophie has been charged with stealing 60
malteaser reindeers from Tescos
Jim has been charged with driving without
insurance
Kevin has been charged with stealing £50,000
from his gran, who he was looking after.
Bob has pled guilty to causing actual bodily
harm by chopping off Lily’s ponytail
Susan has been charged with burglary, for
breaking into a house and stealing the contents

32. Why would D chose either court?
Student Task:
Here are a range of
arguments for and
against each court.
You need to allocate
them to one of the
four arguments and
then be able to add
some detail and
explain why that
would influence D.
There are limits on
the penalties -
£5,000 & 6 months
The acquittal rate in
the MC is only 20%
The acquittal rate in
the CC is 50%
Faster… cases
mostly dealt
with in a day.
More likely to be
able to get legal
representation
funding.
May not be able to
get funding, and
have to represent
yourself
Can be sent to the CC for sentencing
anyway!
Less publicity
MC can be
inconsistent in
sentencing
Harsher
punishments
The procedure
is less formal
and daunting
e.g. no wigs
Cheaper
More likely to receive a harsher sentence.

33. Consolidation:
All of you should be able to demonstrate your
understanding of the types of offences and
how mode of trial works.
Most of you should be able to explain why D
would opt for either court and the reasons for
the pre-trial process
Some of you will be able to evaluate the whole
process using your understanding and
employing correct legal terminology

34. Describe how it is decided in which court a criminal trial of an adult offender
will be heard. Include all categories of offence. [18]
End of Unit Assessment:
Can you plan your own response?
Key content to include: Key skills to demonstrate:
If you are confident
with the approach,
and structure of the
question, pick plan A
If you are ok with the
topic, but need some
help about the areas
to cover, pick plan B
If you were absent for
the topic, or you are
very unsure about
both the structure and
content, pick plan C
Challenge:
Look at the article on the proposed Mode of trial bill. How would it affect the current operation? Do you think it would
provide a more appropriate response?

35. And now to apply that knowledge...
Pedro is pleading not guilty to a charge of theft of a wallet from
his colleague’s desk at work. He has no previous convictions and
the wallet contained £100.
Discuss the matters Pedro should consider when choosing in
which court to be tried
Stage One:
Highlight and
annotate
Stage Two:
Order your
thoughts
Stage One:
Make sure you
have the law to
back you up
Stage One:
Conclude and
write up

36. Plenary:
How do these link to the topic?