BASICS Flashcards
SOURCES OF LAW
COMMON
PRECEDENT/CASE LAW
STATUTE (parliament)
DIVISIONS OF LAW
CIVIL
CRIMINAL
HIGH COURT
DEFAMATION
BANKRUPTCY
DIVORCE
CARE PROCEEDINGS
COUNTY COURT
DEBT RECOVERY
BREACH OF CONTRACT
TRESPASS
NEGLIGENCE
COPYRIGHT INFRINGEMENT
CRIMINAL OFFENCE TYPES
INDICTABLE ONLY - crown court
EITHER-WAY - crown court or magistrates
SUMMARY - magistrates (6 month jail time max)
BAIL
System where court grants a defendant their liberty until next hearing of case
Court can impose conditions
WHEN CAN A COURT REFUSE BAIL?
Can be refused if court is satisfied there are substantial grounds to believe the defendant
Will abscond
Commit another offence
Obstruct the course of justice
Will, or will be likely to, cause mental or physical injury to an associated Person or cause them to fear such injury
If court decides defendant should be kept in prison for own safety
Defendant already serving jail sentence
Insufficient information to decide bail
Defendant alleged to have committed an indictable only offence when they were on bail granted in earlier case
SURETY
Court can insist defendant has surety before granting bail
Friend of relative who guarantees the defendant will surrender to bail
They forfeit a sum of money if the defendant absconds - go to jail if they don’t pay it
CONDITIONAL DISCHARGE
Court has not immediately imposed or specified punishment
If offender commits any other offence within specified period, liable to be punished for first offence and subsequent conviction
ABSOLUTE DISCHARGE
Means court feels that no punishment, other than the fact of the conviction is necessary
MITIGATION
Plea for leniency on the sentence due to be imposed
OFFENCES TO BE TAKEN INTO CONSIDERATION
Crimes that defendant admits although he/she has not been charged with them
INDICTMENT
Written statement of the charge(s)
used/put to the defendant at Crown Court
COMMUNITY PUNISHMENT
Offender must carry out unpaid work in the community
under a probation officer’s supervision
COUNSEL
Barrister(s)
