UK - What would have happened when someone was remanded in custody in 1974?

Question

If I am right, now they would go to a magistrates court if they were thought to be a risk and the crown prosecutor would decide whether they should be remanded in custody or not - would that have been the same process in 1974?

- This is research for a film project, I need to be as accurate as possible, thanks.

Answer 1

You would have gone in front of the magistrates.  Your solicitor would be responsible for any request for bail.  The Police prosecutor would object (giving reasons) or not object.  If you were homeless or hopeless your solicitor might not even ask for bail, but accept the inevitability of being remanded.

PS. I am available for the part if Brad Pitt is too busy.

Answer 2

The crown prosecutor doesn’t decide these things. He can make a case for refusing bail, but the magistrate, often with advice form the recorder, the legally trained person in a magistrate’s court there to advise magistrates, who are lay people, on points of law.

A similar situation would have occurred in 1974. You appear before the magistrates, the crown prosecution puts their case, and the defence puts theirs. If the magistrate decides to defer sentence to a later date, the question of bail is addressed. The prosecution can ask for bail to be refused on the grounds of likelihood to abscond or danger to the public etc. The defence can counter these possibilities. The magistrates then, perhaps after seeking the recorders advice decide on the risk and set bail or remand in custody.

Answer 3

Babe if they were black the police would have given them a kicking.

Answer 4

Depending on the offence and a guilty or not guilty plea it took a lot longer for the trial to begin, If on a not guilty one kept ones own clothing and a daily visit of 15-30 mns was allowed when food, clean clothing and even a couple cans of beer was permitted!. However a guilty plea or a J.R. (judges remand) then it was no different from a sentenced prisoner except no release date and remand could take up to a year with a court appearance every 3 weeks if at magistrates level. Also bail was up to the judge(s) and police prosecutor

Answer 5

they would of been taken away and givin a bit of a beating before being put in the cells

Answer 6

Well, in Britain at least you would have accidently fallen down the police station stairs, accidently sustained a black eye, then accidently fell down some more stairs again.

Honestly.

Answer 7

There is no crwn prosecutor in a Magistrates Court. A Crown prosector is only present in a high court. In a Magistrates Court it is the clerk to the court that the magistrate turns to for any legal advice. he sits in front of the magistrate. The magistrate decides if the matter should be referred to a higher court. If it is then the accused is only held in custody if the seriousness of the offence warrants it, otherwise the accused is put on bail, and appears next at a high court.

Answer 8

Same as happens now, the Court decides. You're wheeled in front of the court, if your case is to take place in the future the defence will always ask that you are released on bail and the prosecution will be asked if they have any objection.  If they do, they say why and the Court then decides.  It's nothing to do with the crown prosecutor, it invovled the two sides' lawyers in court and the Court decides what will happen.