basic knowledge Flashcards
What are the three sources of UK law
common, statute and case law
What is Criminal Law
branch of law, which concerns offences against the whole community. Crimes only relate to criminal law or offences.- Case brought by crown prosecution. Standard of proof is beyond any reasonable doubt.
What is Civil Law
branch of law, which concerns disputes between individuals (or companies). - In civil law nothing is a crime. Standard of proof “on the balance of probabilities”. ^ lower standard of proof. Action in civil court is not a prosecution!
What is common law
Rulings made by judges
give an example of common law offences
- Murder
- Manslaughter
- False imprisonment
- Kidnapping
- Breach of prison
- Escaping from lawful custody without force
Who are the Judiciary
The Judiciary is made up of judges, magistrates, tribunal members, and coroners.
Together, they uphold the rule of law
How does a criminal case develop
- Crime committed
- Crime detected by police
- Suspect identified
- Suspect arrested (restrictions on journalists now in place)
- Police present evidence to crown prosecution service
- CPS decide whether case should go to trial and what the charges should be
- If case goes ahead then…
- Accused goes to Magistrates’ Court for trial
- Or Crown Court if offence is serious enough
- If guilty, then sentence imposed
- If sentence is prison, then convict is handed over to her Majesty’s Prison Service
- When prison phase of sentence ends then prisoner put into care of national probation service
who is the CPS
Crown Prosecution Service, who determine if there is sufficient evidence for a realistic prospect of conviction
what are solicitors
Salaried employees or partners in a law practice, who specialize in various aspects of civil and criminal law and provide legal advice
what are barristers
Mostly self-employed, advocates- represent people in court. They have access to all levels off court and can act for the prosecution or defence
what is the burden of proof in a civil case
In civil cases, the burden of proof is on the claimant, and the standard required of them is that they prove the case against the defendant “on a balance of probabilities”.
what is the burden of proof in a criminal case
In criminal cases, the burden of proof is on the prosecution, and the standard required of them is that they prove the case against the defendant “beyond reasonable doubt”.
What is a summary offence
Minor offences e.g., minor assault cases, disorder, driving offences, animal cruelty
what is an either way offence
More serious offences like theft, burglary, more serious assaults, actual bodily harm, wounding (not with intent)
what is an Indictable-only offence
murder, manslaughter, rape, robbery
what is an indictable offence
serious crime that warrants a trial by jury.
what is the Contempt of Court Act 1981 s8
“It is a contempt of court to obtain, disclose or solicit any particulars of statements made, opinions expressed, arguments advanced or voted cast by members of a jury in the course of their deliberations in any legal proceedings”
what type of offences does the Crown court deal with
Indictable only offences, sometimes either way offences
what type of offences does the magistrates court deal with
summary offences
What is the mode of trial hearing
A hearing which occurs if a summary offence is too serious for them to deal with and if sentencing powers are sufficient should guilty plea be entered
What is open justice
the ability to report on judicial proceedings. The media play a vital role in representing the public and reflecting public interest.
What is absolute privilege in court proceedings
the ability to report on anything said in court, as long as reporting is fair, accurate and contemporaneous. (if this is a Crown Court trail has in the presence of a jury (Crown Court trial)
(Without being sued for libel… or subject to any other legal proceedings)
What is section 4 Contempt of Court Act 1981
subject to this section a person is not guilty of contempt of court under the strict liability rules in respect of a fair and accurate report of legal proceedings held in public, published contemporaneously and in good faith.
You are in contempt of court when
When you publish or broadcast material that creates a substantial risk of serious prejudice to active proceedings, regardless of intent.
what are some examples of contempt of court, anything with a substantial risk of serious prejudice
- Anything which might influence a potential juror. Examples…
- Reporting previous convictions of accused
- Reporting anything which is to be heard in evidence
- Reporting anything implying the guilt of the accused
- Reports that suggest someone is of a bad character
- A trial would decide whether what you broadcast met this definition
what is section 1 Contempt of Court Act 1981
- ‘[actions] tending to interfere with the course of justice in particular legal proceedings regardless of intent to do so” (strict liability rule)
What is an active proceeding
Proceedings become active,
- When a warrant for arrest is issued, when a summons is issued, when a person is charged orally with a crime and when a document specifying the charge is served on the accused
When does a proceeding cease to be active
Criminal proceedings are concluded upon, person released without charge, acquittal, sentenced, potential appeal. (release under investigation means the case is still active)
What are some automatic reporting restrictions
Committal proceedings (‘sending to trial’) in Magistrates’ Courts… to ensure any subsequent jury trial is fair, Victims of sexual offences may not be named, Youth Court proceedings (Under 18s may not be named)
It is contempt to break these reporting restrictions
What is the S52A Crime and Disorder Act 1998 (What you can report)
- Name of the court and names of the Magistrates
- Names, addresses and occupations of the accused
- ‘Relevant business information’ (In serious fraud cases)
- Names of counsel and solicitors in the proceedings
- Offences with which the accused is charged, or summary of them
- Bail arrangements, including conditions of bail, but not any reasons for opposing or refusing it
- Whether legal aid was granted
- If proceedings are adjourned, the date and place to which they are adjourned
how are victims of sexual assault protected
- Sexual offences (Amendment) Act 1992
- Automatic reporting restrictions
- Victims of sexual offences are given lifetime anonymity
- Ban on reporting any matter likely to identify the victim of a sexual offence
- E.g., Rape, indecent assault, indecency towards children
- Defendant may be named
- A complainant (over 15) may waive anonymity by given written consent to being identified
how are children and young people protected
- Age of ‘Criminal responsibility’ is ten years old
- ‘Juveniles’ are under the age of 18
- Youth Court: automatic reporting restrictions
- Other criminals: Discretionary reporting restrictions
- Reporter has responsibility to check what restrictions apply
- Always get the boss to ‘legal’ your work
how are juveniles protected in the high court proceedings
- Discretionary order may be made to protect identity of juveniles ‘concerned in proceedings’ i.e. victims, witnesses, defendant
- In practice it is automatic
- S.45 Youth Justice and Criminal Evidence Act 1999 (S45 YJCEA)
- Judge makes a ‘section 45’ order before trial/hearing
- This order will be made known to the media on notice boards, on the press bench, by the judge, by the clerk
- Media can apply for order to be lifted
how are juveniles protected in youth court proceedings
- Automatic restriction
- Section 49, Children and Young Persons Act 1933 (S49 CYPA)
- A youth court deals with cases like theft and burglary, anti-social behaviour, drugs offences
- You may not publish… The name, address or school or any other matter that is likely to identify a person under 18
- … victim, witness or defendant
- Automatic reporting restrictions only lifted in certain circumstances
What happens when juvenile reaches the age of 18?
- S49 CYPA: Youth court, automatic anonymity expires at the age of 18
- S45 YJCEA: adult courts, (e.g., Mags/Crowns) anonymity conferred by s45 order expires at the age of 18 but beware, an adult court may grant a s45A order to grant lifetime anonymity to juveniles who are victims or witnesses.