Basics

Question 1

What is the burden of proof of civil cases?

Answer 1

balance of probabilities more than 51%

Question 2

What is the burden of proof of criminal cases?

Answer 2

Beyond a reasonable doubt - very high standard

Question 3

art 6.2 EUHR

Answer 3

defendant has to show that they are insane if claim insanity

Question 4

name 2 sources of criminal law

Answer 4

statute and common law

Question 5

Where do all criminal cases start?

Answer 5

Magistrates’ Court

Question 6

What cases go to Magistrates’ Court?

Answer 6

Summary offences

Question 8

Principle of fair warning

Answer 8

Crimes must be communicated publicly; non- retroactivity

Question 9

Principle of fair labelling

Answer 9

Correlation between the offence name and conduct it criminalises

Question 10

Principle of autonomy

Answer 10

Choice, voluntariness, blame, minimal criminalisation

Question 11

Principle of welfare

Answer 11

Criminal law should protect society

Question 12

Which court do all offences start at

Answer 12

Magistrates

Question 13

What is a summary offence?

Answer 13

Relatively minor offence
Triable in magistrates
Max 6 or 12 months
£5000 max fine
No jury

Question 14

What is a triable either way offence?

Answer 14

Medium seriousness
Triable in magistrates or crown
Can send to crown after conviction for a higher sentence

Question 15

What is an indictable offence

Answer 15

Most serious
Triable only in crown court
Unlimited sentence
Starts in magistrates sent to crown
Max life sentence
With a jury

Question 16

What judges are in a magistrates court?

Answer 16

3 lay magistrates or a district judge
No jury

Question 17

What judges in crown court?

Answer 17

Circuit judge and jury

Question 18

What judges in Supreme Court

Answer 18

5 justices and can be 9

Question 19

What judges in high court QBD

Answer 19

Judges knighted