Chapter 1: The Criminal Justice System

Question 1

To secure a conviction, the prosecution must convince the court beyond reasonable doubt that the crime was committed. What must the defence show?

Answer 1

The defence must cast sufficient doubt on at least one element of the offence charged. If successful, the court cannot be sure the crime was committed beyond reasonable doubt

Question 2

Where are indictable only offences heard?

Answer 2

Crown Court

Question 3

In an either way offence, what will determine whether the case is heard in the Magistrates Court or the Crown Court?

Answer 3

The seriousness of the offence and the defendant’s wishes

Question 4

Who presides over Magistrates Courts?

Answer 4

A district judge or a panel of magistrates

Question 5

How many people form a panel of magistrates?

Answer 5

2 to 3 lay persons

Question 6

In the Magistrates Court, the District Judge or panel are arbiters of issues of fact and law. In turn, they will rule on the admissibility of evidence. What must they do if they find evidence inadmissible?

Answer 6

Put the evidence from their minds and proceed with the case

Question 7

How many people form a jury?

Answer 7

12 randomly selected people

Question 8

Are the rates of acquittal higher in the Magistrates Court of the Crown Court?

Answer 8

Crown Court

Question 9

In any legal proceedings in Wales, the Welsh language may be spoken by any party provided that notice is given. What is the exception to this?

Answer 9

In the Magistrates Court there is no requirement for notice to be given