Chapter 8-criminal cases and courts

Question 1

Which are the 2 courts that hear trials of criminal cases

Answer 1

-Magistrate court
-crown court

Question 2

what is jurisdiction

Answer 2

The official power to make legal decisions and judgements

Question 3

Describe magistrate courts

Answer 3

-these were established as local courts,
-they mainly deal with cases in that geographical area
-cases are heard by magistrates

Question 4

what are the jurisdictions of magistrate courts

Answer 4

1-try all summary cases
2-deal with first hearing of indictable cases
3-try triable-either-way cases
4- try cases in the Youth court
5-deal with all preliminary matters connected to criminal cases e.g deciding bail

Question 5

State the type of cases heard in the crown court

Answer 5

These are usually Indictable cases or Triable-either-way cases

Question 6

What are the roles of a judge in the crown court

Answer 6

-If plead guilty, one judge will be present
-If plead not guilty, a jury shall be chosen
-judge shall control the rules on relevant issues of law
-direct the jury on the law and evidence
-can impose a sentence

Question 7

describe Summary offences

Answer 7

-least serious criminal offences
-they range in level
level 1-200 pounds
level 5- unlimited
-examples are drunk driving

Question 8

Describe the Triable-either-way offences `

Answer 8

-more serious criminal offences
-can be heard by either the crown or mag. court depending on the offence.
-if defendant is found guilty, then they can be sent to the crown court for sentencing
-examples are burglary

Question 9

describe indictable offences

Answer 9

-these are severe offences
-these are always transferred to the crown court however the first trial is held at the mag. court to identify the defendant and the case
-if plead not guilty, a jury should be chosen
-examples of offences are murder

Question 10

what are sequence of events for a Guilty plea in summary cases
*5 steps

Answer 10

-Outline all facts of the case, with the defendant agreeing
-to view the defendant’s past record of convictions
-any other information (financial status) or other relevant reports (mental health report)
-Mitigation occurs where the defendant gives a speech
-magistrate decides the sentence

Question 11

What are the sequence of events for a Not guilty plea in summary cases

Answer 11

-Allows both the prosecution and defendant to bring evidence.
-once all the evidence has been given the defence can make a speech, outlining the strengths and weaknesses and persuade the magistrates to side with them
-magistrate decides whether they are guilty or not
-if Guilty, goes through the whole process again
- Not guilty will be released.

Question 12

what does ‘the burden of proof mean’

Answer 12

this is the job of the prosecution to show that every allegation to the defence is proved.

Question 13

when can a triable-either-way case be taken to the crown court

Answer 13

When they are found guilty and upon hearing the defendants past record, believe that they do not have the power of punishment to give a harsher sentence, so is sent to the crown court.

Question 14

what is the name of the act that require indictable cases to the crown court

Answer 14

Crimes and Disorders Act 1990s

Question 15

what are the aims of the criminal procedure rules

Answer 15

-In order for all criminal cases to be dealt with justly

Question 16

What are the roles of the PTPH

Answer 16

> >

• Take the defendants plea
• identify the issue for trial
• provide a timetable for the pre- trial and appropriate directions for an effective trial
• Make provision for any further case management hearing

Question 17

what is an indictment

Answer 17

This is a document that formally sets out the charges against the defendant

Question 18

what are the advantage of mag. courts
*3

Answer 18

+less chance of publicity
+shorter trial
+case will be held quickly
+greater chance of bail

Question 19

disadvantages of mag. courts
*3

Answer 19

-greater chance of being found guilty
-less chance of appealing
-less likelihood of legal representation
-less ability to argue a defence

Question 20

advantages of crown courts
*3

Answer 20

-greater chance of receiving legal aid
-chance of appeal
-greater chance of the prosecution accepting plea to a lower charge

Question 21

Disadvantages of crown courts
*3

Answer 21

• Lengthy
• greater chance of publicity
• Lower chance of bail before trial
• sentencing powers of judge are greater

Question 22

What is an appeal

Answer 22

-This is a challenge to a previous legal determination

Question 23

what is the normal routes of appeals in criminal courts

Answer 23

Magistrate -> Crown court-> Queens Bench division (COA) ->Supreme Court

Question 24

What are case stated appeals

Answer 24

These are appeals on a point of law that go to the Queens bench division that are either from directly the mag. court or from an appeal by the crown court

Question 25

what does it mean to leave appeal and state which act it uses

Answer 25

Criminal Appeal Act
-This means that cases without a merit are left out and must leave appeal in order to save on courts Time

Question 26

what are powers of the COA

Answer 26

> > can decrease a sentence but not increase
can reject an appeal
Can quash the conviction
can order a retrial of the case front of a new jury

Question 27

When can an appeal by the prosecutors take place

Answer 27

> > That the jurors have been proven to be bribed
There’s new evidence that can easily cause a retrial for the defendant (the Criminal Justice Act)

Question 28

What is an acquittal

Answer 28

When the prosecution has failed to prove the defendant is guilty beyond reasonable doubt

Question 29

What are the three appeals that can take place

Answer 29

-Referring a point of law
-Against sentencing
-against conviction

Question 30

who is contacted when appeals against sentencing are made

Answer 30

-The attorney General

Question 31

When can cases be taken to the Supreme Court

Answer 31

-due to point of law
-against a conviction or acquittal

Question 32

what does bail mean

Answer 32

A person is allowed to be at liberty until the next stage of the case.

Question 33

The different types of conditions in conditional bail include;

Answer 33

> >

• surrendering their passports
• reporting to the police station at different intervals
• staying at a certain address
• having another person stand surety(bodyguard)
• curfew

Question 34

what does the Bail act state

Answer 34

That any suspect granted bail by the police fails to surrender to the next stage of bail will be arrested and charged.

Question 35

When can Bail not be granted

Answer 35

-The suspect fails to surrender to custody
-may commit an offence while on bail
-interfere with witnesses or obstruct courses of justice
-protection
-name and address are missing

Question 36

In deciding whether to grant bail, the court will consider various factors:

Answer 36

>

• nature and seriousness of the offence
• character, past record, and community ties
• past bail record
• strength of evidence against them

Question 37

Give advantages of bail

Answer 37

.an innocent who is accused does not have to remain in custody
.there is unrestricted access to legal advice
.the conditions given will ensure good behaviour
.can continue living with family and going to work

Question 38

Give disadvantages of bail

Answer 38

.Can commit more crimes
.public safety can be jeopardised
.may not attend trial
.can interfere with witness or evidence

Question 39

bail may not be granted to those who have tested positive for class A drugs where:

Answer 39

-The drug may have contributed to the offence
-there is high supply of that drug
-has refused to agree in assessment of the class A drug/.

Question 40

What is the role of the Criminal case review Commission

Answer 40

-They investigate miscarriages of justice and they refer to cases back in the court.