CJS (Types Of Offences) Flashcards
What are the THREE offence types?
Indictable Only
Can only be dealt with in a Crown Court and are the most serious offences
Indictable Either Way
Maybe tried in a Magistrates Court or a Crown Court; the magistrate decides
Summary
Can only be tried in a Magistrates Court
What is the “Standard of Proof”?
Beyond All Reasonable Doubt
What are the different forms of law?
Common Law
Old law which was not written down. Courts made decisions that were passed by word of mouth to other courts
Statute Law
Is derived from Acts of Parliament and is written law and it is the foundation of the current legal system
Case Law
Helps establish the precise meaning of legislation, decisions are made by higher courts about legislation and are then accepted by lower courts
Acts of Parliament
Are divided into sections containing for example definitions, offences, powers of arrest, exemptions and interpretations of words and expressions used
Statutory Instruments
Make it possible for details of an act to be revised without using parliamentary procedures every time
By-laws
Usually local laws which have been made by a local authority and approved by a Secretary of State of the government
What are the FIVE evidence types?
Real Hearsay Opinion Documentary Oral
What are the THREE main sources of law throughout England and Wales?
Common Law
Statute law
Case Law
What does Actus Reus mean?
The act itself
What does Mens rea mean?
The mental state of mind
What are the types of court?
County Court Magistrates Court Youth Court (10-17yrs) Crown Court (1 judge 12 jury) High Court Court of Appeal Supreme Court House of Lords ECHR