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criminology unit 3 > ac2.2 describe trial process > Flashcards

ac2.2 describe trial process Flashcards

1
Q

what is an indictable offence

A
  • serious crimes that are tried in the crown court
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2
Q

what is a summary offence

A
  • less serious crimes that are tried in a magistrates court
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3
Q

what is a triable either way offence

A
  • hybrid offences that can be tried in either a magistrates or crown court
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4
Q

guilty pleas - magistrates court

A
  • magistrates hear evidence of aggravating and mitigating factors
  • either pass sentence immediately or adjourn the case for reports before sentencing at a later date
  • if the case is too serious it will be sent to the crown court
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5
Q

not guilty pleas - magistrates

A
  • must make decisions about reports, legal aid and bail before the trail can proceed
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6
Q

what is plea bargaining

A
  • an agreement between between the prosecute and defendant where the defendant agrees to pleas guilty in return for some concession from the prosecutor
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7
Q

plea bargaining - charge bargaining

A
  • where the defendant pleads guilty to a less serious charge and receives a lighter charge
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8
Q

plea bargaining - count bargaining

A
  • where the defendant pleads guilty to one charge in return of the others being dropped
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9
Q

plea bargaining - sentence bargaining

A
  • where the defendant pleads guilty to the original charge in return for a more lenient sentence
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10
Q

what is legal aid

A
  • legal aid agency helps with the costs of legal advice and representation
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11
Q

what do the legal aid do

A
  • enable individuals to defend themselves if they cannot afford to pay for a lawyer
  • summary offences, defendants will be able to talk to a duty solicitor to discuss their plea and the evidence against them - not guilty pleas, defendants will be given legal aid and representation in all court hearings
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12
Q

what is bail

A
  • the temporary release of an accused person while awaiting trial
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13
Q

what are the two types of bail

A
  • unconditional bail, where the court imposes no conditions except to attend court as required
  • conditional bail, where the court imposes conditions that the defendant must agree to before being released
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14
Q

what is remand in custody

A
  • if the court refuses bail or the defendant breaches the conditions then they may be sent to prison until their trial
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15
Q

refusal of bail

A
  • court may refuse bail if the defendant:
  • is likely to fail to surrender to bail
  • has been previously denied bail or failed to meet conditions
  • likely to commit an offence while on bail
  • could obstruct the course of justice
  • is charged with a serious offence
  • needs to be in custody for their own protection
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16
Q

sending for trial

A
  • if the defendant has pleaded not guilty the magistrate will either arrange a date for the defendant to appear in the magistrates court for trial or send the case to the crown court
17
Q

what are courts of the first instance

A
  • where the original trials of a case is held
  • magistrates court, crown court
18
Q

what are apeliate courts

A
  • hear appeals against the verdicts and/or sentences imposed by the lower courts
  • supreme court, court of appeal
19
Q

magistrates courts

A
  • all criminal cases are first heard in a magistrates court, approximately 95% stay there
  • generally have three magistrates who decide both guilt and an appropriate sentence
  • are unqualified in law and assisted by a legally qualified clerk
  • sentencing powers are limited to six months and/or a £5000 fine
20
Q

crown courts

A
  • sits in about 90 centres around the country
  • deals with all indictable offences, triable-either-way offences and appeals from magistrates
  • defence usually presented by a barrister
  • prosecutions case is put by a representative of the CPS
21
Q

the jury

A
  • role is to listen to all the evidence, defence and prosecution arguments
  • can examine the exhibits of physical evidence, take notes and ask questions
  • retire to the jurors room to consider their verdict, expected to produce a unanimous verdict, judge may accept a majority verdict (10-2)
22
Q

the judge

A
  • ensure the trail is fair and protect the defendants human rights
  • advise the jury on points of law, court procedure and their duties
  • act as the referee between the defence and prosecution
  • pass sentence if the accused is found guilty
23
Q

appeals

A

right to appeal depends on:
- the type of court that convicted you (magistrates/crown)
- whether your appeal is against your conviction or just the sentence

24
Q

appeals from a magistrates court

A
  • two automatic rights of appeal, against conviction and against sentence
  • must appeal within 21 days of being sentenced, appeal is heard as a re-trial in the crown court
  • court can: uphold or quash your conviction, or vary it by convicting you of a lessor or greater charge or reduce/increase your sentence
  • if you win, you may be entitled to compensation and your legal costs
  • if you lose, you may have to pay costs
  • if you lose, and you wish to make a further appwal, you must get leave to do so and it must be on a point of law
25
Q

the court of appeal

A
  • handles appeals against crown courts by three judges
  • defendants have no automatic right of appeal against a crown court decision, must seek leave to appeal within 28 days, can seek appeal against both conviction and sentence, only ground to appeal is that the conviction is unsafe
  • prosecution can only appeal where there is an error in law by a judge that resulted in a dismissal, prosecution believes and aquittal was a result of jury tampering, prosecution believes the sentence was unduly lenient
  • there is ‘new and compelling evidence’ of an aquitted defendant’s guilt
26
Q

court of appeals powers

A
  • cannot re-try a case
  • can order a re-trial if original verdict is found unsafe , can vary the conviction or decrease the sentence
27
Q

appeals to the supreme court

A
  • leave is required to appeal
  • no automatic right to appeal

criminology unit 3 (8 decks)

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