Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Media Law > Chapter 6 crime categories and definitions > Flashcards

Chapter 6 crime categories and definitions Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

Where do all criminal cases begin?

A

Magistrates’ Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what sort of crimes progress to Crown Court?

A

Serious crimes such as murder, rape, robbery etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the 3 categories of criminal charges?

A

Indictable-only, either-way and summary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the maximum jail sentence which magistrates can impose?

A

6 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Indictable-only offences

A
  • The most serious offences (murder, rape, robbery etc)
  • originally processed in magistrates’ court but the maximum jail sentence Magistrates can impose is too lenient - so quickly progresses to a Crown Court
  • If the defendant admits to to the charge there, or a jury finds them guilty, then the judge passes sentence.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Either-way offences

A
  • regarded as less serious than Indictable-only offences but still include distressing, harmful crimes (theft, sexual assault and assault causing grievous bodily harm
  • can be dealt with at either Magistrates’ or Crown Court. - Either-way
  • After a hearing, Magistrates’ may decide to send a case straight to Crown Court.
  • Even if the Magistrates’ choose to handle the case, the defendant can choose to exercise their right to choose trial by jury at Crown Court.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Summary Offences

A
  • Comparatively minor offences (common assault, drunkenness, speeding offences etc)
  • Dealt with in Magistrates’ Court.
  • If a defendant is facing summary charges as well as indictable-only or either-way charges from the same event, a Crown Court may deal with all charges.
  • No right to a jury trial
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What 2 elements must prosecution provide in order to prove the defendant committed a criminal act?

A

Actus reus and Mens rea

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Actus Reas

A

One of the 2 elements of criminality.

An act which is potentially criminal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Mens Rea

A

One of the 2 elements of criminality

A guilty mind - the act was carried out/planned/attempted with guilty intention - perpetrator knew it’s illegal.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Strict Liability

A

This is when defences to a charge are limited.

EG A motorist who drove over speed limit still commits an offence even if they did not realise how fast they were going.

Acts as a social solution to deter dangerous or anti-social conduct when mens rea cannot be proven.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

List of Crimes against People

A
  • Murder
  • Manslaughter
  • Corporate manslaughter
  • Infanticide
  • Assault, common assault, battery, assault by beating
  • Assault occasioning in actual bodily harm (ABH)
  • Wounding or inflicting grievous bodily harm (GBH)
  • wounding with intent/inflicting grievous bodily harm with intent
  • Rape
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Murder

A

Indictable-only

The unlawful killing of a human being with the intention of killing or causing grievous bodily harm.

An adult convicted of murder must be sentenced to life imprisonment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Manslaughter

A

Indictable-only

Killing by an unlawful act likely to cause grievous bodily harm but without the intention to kill or cause grievous bodily harm.

A jury may find a defendant not guilty of murder but charge them with manslaughter instead.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Corporate Manslaughter

A

Indictable-only

The activities managed or organised by a company, gov department or police force caused someone’s death and amounted to a gross breach in duty of care owed to the deceased.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q
A
17
Q

Infanticide

A

Indictable-only

The killing of an infant under 12 months old by its mother, when her mind is disturbed as a result of birth.

18
Q

Assault Occasioning Actual Bodily Harm (ABH)

A

Either-way

An assault (a threat and/or attack) which caused more than transient and trifling harm.
The harm could be psychiatric illness.

18
Q

Assault, Common assault, Battery, Assault by beating

A

Summary charges
(unless motivated by hostility towards the victim’s race/religion or the victim is an emergency worker during working hours - Either-way charges)

These charges are likely to be used when no or only transient or trifling bodily injury is accused.

19
Q

Wounding or inflicting grievous bodily harm (GBH)

A

Either-way

It must be proven that the defendant intended or foresaw causing some harm and that the harm caused was a wound or grievous harm.

Wound = slicing or breaking of the skin and can be a mere cut (most often used if the harm is serious)

GBH charge tends to be used, for example, the harm includes a broken bone or led to a substantial loss of blood and/or extended medical treatment and/or permanent disability or disfigurement.

20
Q

Wounding ‘with intent’/inflicting GBH ‘with intent’

A

Indictable-only

There is intent to cause GBH or to resist ‘lawful apprehension’

Carries a maximum penalty of life imprisonment.

21
Q

Theft

A

Either-way

Dishonest appropriation of property belonging to others with the intention of permanently depriving the other of it.

The act of theft is STEALING, do not refer to as robbery.

22
Q

Robbery

A

Indictable-only

Theft by force (violence) or by threat of force.

23
Q

Handling

A

Either-way

Dishonestly receiving goods, knowing or believing them to be stolen.

Or dishonestly helping the retention, removal, disposal or sale of such goods.

24
Q

Burglary

A

Either-way (can be indictable only)

Entering a building as a trespasser and then:

  • stealing/attempting to steal from it; or
  • Inflicting/attempting to inflict GBH to anyone inside or;
  • Making trespassing to entry to a building with:
    intent to steal, intent to inflict GBH or intent to do unlawful damage.
25
Q

Aggravated burglary

A

Indictable only

Burglary while armed with a firearm, imitation firearm, or any other weapon or explosive.

26
Q

Fraud

A

Indictable-only

conduct with a view to gain or with intent to cause loss or expose to a risk of loss involving either:

  • dishonestly making a false representation (using a credit card dishonestly or using a false identity to open a bank account)
  • dishonestly failing to disclose info when under a legal duty to disclose (EG failing to mention a heart condition when applying for health insurance.)
  • dishonestly abusing a position (EG an employee swindling money from their employer)
27
Q

Blackmail

A

Indictable-only

Making an unwarranted demand with menaces with a view to gain.

EG exposing embarrassing secrets or photos involving the victim unless money is paid, or another type of extortion.

28
Q

Taking a vehicle without authority

A

Summary Charges

AKA - Taking without owner’s consent (TWOC)

Includes joy-riding - offenders ditching a car after using it.

Does not involve intention to deprive the owner permanently of the vehicle and so should NOT be described as theft.

29
Q

Aggravated Vehicle Taking

A

Either-way

When a vehicle has been taken and someone is injured or the vehicle or other property is damaged because of how it was driven.

30
Q

Driving under the influence of drink or drugs

A

Summary Charges

driving a motor vehicle when the ability to do so is impaired.

31
Q

Driving with excess alcohol

A

Summary charges

when alcohol in the driver’s body exceeds the prescribed limits - 80 milligrammes of alcohol in 100 millilitres of blood, 35 microgrammes of alcohol in 100 millilitres of breath or 107 milligrammes of alcohol in 100 millilitres of urine.

32
Q

Causing death by careless driving under the influence of drink or drugs

A

Indictable-only

The driver is unfit to drive as a result of drink or drugs, or has consumed excess alcohol or failed to provide a specimen.

33
Q

Perjury

A

Indictable-only

Knowingly giving false evidence after taking an oath as a witness to tell the truth in court or in an affidavit.

34
Q

Wasting police time

A

Summary Charges

Knowingly making a false report that a crime has been committed or falsely claiming to have info about an investigation

35
Q

Perverting the course of justice

A

Indictable-only

Concealing evidence or giving false info to the police.

Media Law (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions