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A Level Law Paper 1 > 1A.2.1 Criminal Justice System > Flashcards

1A.2.1 Criminal Justice System Flashcards

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1
Q

Criminal Courts Hierarchy

A
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2
Q

Prosecute

A

To take legal action against a person.

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3
Q

Legal aid

A

Where the state will pay for legal representation.

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4
Q

Classification of criminal offences

A
  • Indictable offences
  • Triable-either-way offences
  • Summary offences
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5
Q

Magistrates courts

  • What are magistrates?
  • How many magistrates’ courts?
A

There are 160 Magistrates’ Courts in England and Wales.

They were established as local courts and deal with cases that have a connection with their geographical areas.

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6
Q

Who hears cases in a Magistrates’ court?

A

By either a panel of lay magistrates, or a legally qualified distrct judge.

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7
Q

Sentencing power of magistrates

A
  • Fixed fines
  • Fine bands A–F
  • Unlimited fine
  • Up to 6 months in prison or up to 12 months for more than one offence.
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8
Q

What percentage of cases do magistrates hear?

How many cases do they hear per year?

A

97% of all criminal cases are heard in the magistrates’ court.

Magistrates can hear about half a million cases per year.

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9
Q

Jurisdiction of magistrates

A
  • To try all summary cases
  • To try any triable-either-way cases that can be dealt with in the Magistrates’ Court.
  • To deal with the first hearing of all indictable offences. These cases are then immediately sent to the Crown Court.
  • To deal with all preliminary matters connected to criminal cases, such as issuing warrants for arrest and deciding bail applications.
  • To try cases in the Youth Court where Ds are aged 10-17 inclusive.
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10
Q

What does jurisdiction mean?

A

The power to make legal judgements and decisions.

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11
Q

Summary offences

A

The least serious criminal offences and have to be tried in the Magistrates’ Courts.

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12
Q

Examples of summary offences

A
  • Driving while disqualified
  • Common assault
  • Speeding
  • Drunk and disorderly in a public place
  • Theft from a shop (where the value is less than £200)
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13
Q

Triable-either-way offences

A

Middle range offences that can be tried in either the crown court or the magistrates’ court.

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14
Q

Examples of triable-either-way offences

A
  • Assault causing ABH
  • Theft of property over £200
  • Drug offences
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15
Q

If it is decided that a triable-either-way offence is dealt with in the Crown Court, what happens?

A

The trial will proceed in the same way as an indictable offence. If the D pleads (or is found) guilty, the judge can impose any sentence up to the maximum for that offence.

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16
Q

If it is decided that a triable-either-way offence is dealt with in the Magistrates’ Court, what happens?

A

The procedure is the same as for trial of a summary offence.
The only difference is that, if the D pleads guilty or is found guilty, the magistrates have the power to send the D to the Crown Court for sentencing. The magistrates can only do this if they think that they cannot impose and adequate sentence.

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17
Q

Why might a defedant choose a trial in the crown court over a trial in the magistrates’ court?

A

Hearings in the Crown Court have juries, which are more likely to acquit.

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18
Q

Indictable offences

A

The most serious crimes, which can only be tried in the crown court.

19
Q

Examples of indictable offences

A
  • Murder
  • Rape
  • Manslaughter
  • Robbery
20
Q

Process of an indictable offence

A

1) Preliminary hearing - Magistrates’ court
2) Case transferred to the Crown Court
3) Trial in Crown Court
4) Verdict

21
Q

Maximum penalty for summary offences (magistrates’ court)

A

6 months imprisonment and/or up to a £5000 fine.

22
Q

Which organisation prosecutes defendants in criminal law cases on behalf of the state?

A

Crown Prosecution Service (CPS)

23
Q

What is the purpose of criminal law?

A

To:
- Maintain law and order
- Protect society
- Deter criminal behaviour

24
Q

Who are the prosecution in criminal law cases?

A

The person/organisation bringing a criminal charge against a defendant. In the UK this is started by the CPS on behalf of the state.

25
Q

Is compensation given in criminal cases?

A

Compensation is not guaranteed for the victim because the aim of criminal law is to punish the defendant by passing a sentence.
There are some circumstances where compensation may be given but it is not the most likely outcome.

26
Q

Standard of proof for criminal cases (and why is it different to civil cases?)

A

“Beyond reasonable doubt”. This is tougher than civil cases because they can have far tougher punishments.

27
Q

In the crown court, who tries the case?
- Who decides on verdict, and who decides on sentence

A

Judge - Decides points of law and sentence.
Jury - Decides points of fact, and the verdict.

28
Q

In the Magistrates’ court, who tries cases?

A

Magistrates - Decide points of law, verdict and sentence.
Legal clerks - Assist magistrates (as they have legal knowledge)

29
Q

What happens if the defendant is found guilty?

A

Defendant is convicted and punished with a suitable sentence. E.g. Fine, imprisonment

30
Q

What happens if the defendant is found not guilty?

A

Defendant is acquitted and no sentence is given.

31
Q

Which cases are tried in the Crown Court?

A

All indictable offences, some triable-either-way offences and appeals from the Magistrates’ court

32
Q

Who tries cases in the Crown Court?

A

A judge and jury (of 12).

33
Q

Cases will automatically go to the Crown Court if they…

A
  • Involve complex questions of law or facts.
  • Involve a breach of trust by the defendant.
  • The crime was committed by an organised gang.
34
Q

Advantages of trials in the Crown Court

A
35
Q

Disadvantages of trials in the Crown Court

A
36
Q

Acquittal meaning

A

D is found not guilty.

37
Q

Role of the Crown Court

A

The Crown Court sits in about 84 different locations throughout England and Wales.

The Crown Court deals with all indictable offences. It also deals with any triable-either-way offences that are sent for trial from the Magistrates’ Court.

38
Q

Roles of the judge in a Crown Court trial

A
  1. Control the court
  2. Rule on relevant issues of law
  3. Direct the jury on the law and evidence
  4. Impose a sentence if the D is found guilty
39
Q

Pre-trial procedures for summary offences

A

There is a case management system which aims to complete the case at the earliest opportunity. At the first hearing, the clerk of the court will check the D’s name and address and take the plea – guilty or not guilty.

  1. If the D pleads guilty, the magistrate will proceed to consider a sentence – regardless of whether the D has legal representation.
  2. In some minor driving offences, the D can plead guilty by post, so that attendance at court is unnecessary.
  3. If the D pleads not guilty, the magistrates will try to discover the issues involved and then set a date for trial.
40
Q

What percentage of defendants in the Magistrates Court plead guilty?

A

Over 90%

41
Q

Plea before venue (triable-either-way offences)

A

The D will be asked to plead.

  1. If the plea if guilty, the matter is automatically heard by the Magistrates’ Court and a sentencing hearing will take place in the same way as with summary offences.
  2. If the D pleads not guilty, the magistrates must decide where the case will be tried and a Mode of Trial procedure will take place.

The D has no right to request a hearing at the Crown Court but the case can be sent there by the magistrates if they consider they have insufficient sentencing powers.

42
Q

Mode of trial (triable-either-way offences)

A

If the defendant pleads “not guilty” then the magistrates must carry out “mode of trial” proceedings to decide whether the case is tried in the crown court or the Magistrates’ court.

Under s19 of the Magistrates’ Court Act 1980, magistrates must consider:
- Nature and seriousness of the cases.
- Their own powers of punishment.
- Representations of the defence and prosecution.

If the case involves complex questions of law, breach of trust or offences committed by organised gangs, it should be sent to the Crown Court.
If the case is referred to the Crown Court, or the D chooses a trial there, all pre-trial matters will be dealt with by the Crown Court.

43
Q

First hearing (indictable offences)

A

The first hearing will be in the Magistrates’ Court shortly after the D is charged. The magistrates will deal with:
1. Establishing the D’s identity.
2. Whether bail or custody should be ordered
3. Whether the D should receive legal aid for representation

All further pre-trial matters will then be dealt with in the Crown Court, by a Crown Court judge sitting alone.

44
Q

The indictment (indictable offences)

A

This document will be prepared before the trial and formally sets out the charges against the D.

Although the D will have been sent for trial charged with specific crimes, the indictment can be drawn up for any further offence that the evidence reveals.

In more complicated cases, the indictment may have several counts (charges), each relating to a different offence.

A Level Law Paper 1 (38 decks)

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