Are Crown Court decisions binding?

Crown, County and Magistrate Court and Tribunals: – Their decisions are not binding on any court in English Legal System, not even itself. However the decisions made in the Crown Court are highly persuasive.

What happens when bail is refused?

If you are refused bail, you will remain in custody on remand until the date of your hearing. If you are based in Sydney you will generally be sent to the Metropolitan Remand and Reception Centre (MRRC) at Silverwater jail. You will stay there until your court appearance and sentencing.

Can police deny bail in bailable offence?

An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.

Can a charge of threatening behaviour be amended to Section 5?

Often, though speaking to the Crown Prosecution Service and the Police it is possible to amend the charge to a Section 4A, or Section 5 offence. The offence of threatening behaviour is a summary only offence, which means it can only be heard in a Magistrates Court .

Can a Crown Court make a declaration of incompatibility?

Where it is impossible to interpret primary legislation in a way which is compatible with Convention rights, the High Court, the Court of Appeal and the Supreme Court (but not the Magistrates’ or Crown Courts) have power under section 4 of the HRA to make a declaration of incompatibility.

What do you need to prove under Section 4 of the Public Order Act?

If you are accused of an offence under Section 4 of the Public Order Act, the Prosecution will need to prove that: That you have used threatening, abusive, or insulting words or behaviour towards another person;

When to oppose bail by the Crown Prosecution Service?

Custody Time Limits are dealt with elsewhere in the Legal Guidance. A benchmark of the quality of CPS case presentation is that we are: “Opposing bail where it is appropriate to do so, taking account of the risk posed to victims, the public and the course of justice.”

How are indictable only cases sent to the Crown Court?

The procedure for sending indictable only cases to the Crown Court is governed by sections 50A, 51, 51A and 52 of the Crime and Disorder Act 1998 and part 9 of the Crim PR. If the court sends the defendant to the Crown Court for trial, it must ask whether the defendant intends to plead guilty in the Crown Court.

How are charges transferred to the Crown Court?

Some charges of serious or complex fraud can be transferred to the Crown Court by the giving of a notice under s.51B of the CDA 1998. Section 51C allows for transfer of certain charges involving a child as a victim or a witness by giving a notice.

What does it mean to send case to Crown Court?

The ‘sending’ is an administrative act, involving only a determination as to whether the defendant faces an indictable-only or related offence. The magistrates’ court is not concerned with evidential sufficiency but will consider whether the defendant should be sent on bail or in custody.

Can a defendant dismiss a case sent to Crown Court?

However, under “Better Case Management” there is more emphasis on earlier service when possible. After service of the prosecution case the defendant may apply in writing to dismiss cases sent to the Crown Court.