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Law > Courts And Appeals 1A > Flashcards

Courts And Appeals 1A Flashcards

1
Q

What are the two Criminal courts of first instance?

A

Magistrates- less serious
Crown- more serious

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2
Q

Where are summary offences heard?
Give some examples.

A

Magistrates court
Assault
Battery
Speeding

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3
Q

Where are triable either way offences heard? Give some examples.

A

Magistrates or crown court
S47 - ABH
S20 - Wounding and GBH
Theft

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4
Q

Where are indictable offences heard? Give some examples.

A

Crown court
S18 - Wounding and GBH
Murder

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5
Q

Who decides the verdict and sentencing in the magistrate’s court?

A

The three magistrates.

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6
Q

Who decides the verdict in crown court?

A

Jury

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7
Q

Who decides the sentencing in crown court?

A

Judge

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8
Q

Where will this case be heard?
Denis charged with theft of £100,000 from employer.

A

As it is triable either way, it could be mags or crown. However, the amount that has been stolen is significant therefore it will most likely go to the crown court.

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9
Q

Where will this case be heard?
Dippy forgetting to renew his MOT.

A

Magistrates court because it is a low level crime.

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10
Q

What are the first two steps in the procedure for summary offences?

A

1) There will be a hearing at the mags court.
2) D’s identity will be confirmed by the clerk and D will enter a plea.

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11
Q

What are the 3rd and 4th steps when D pleads guilty of a summary offence.

A

3) There will immediately be a sentencing hearing.
4) The mags will then announce their sentence.

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12
Q

What are the 3rd and 4th steps when D pleads not guilty of a summary offence?

A

3) The mags will try to discover the issues.
4) They will decide on bail, then set a date for trial.

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13
Q

What are the first two steps in all triable either way cases?

A

1) There will be an initial hearing at the mags (called a plea before venue hearing)
2) D’s identity will be confirmed by the clerk then D will enter a plea.

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14
Q

What are the 3rd and 4th steps in triable either way offences if D pleads GUILTY?

A

3) There will immediately be a sentencing hearing.
4) The magistrates will announce their sentence.

OR if they feel they can’t give a harsh enough sentence they will request a hearing in the crown court.

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15
Q

What are the 3rd and 4th steps in triable either way cases if D pleads NOT GUILTY?

A

3) the mags perform a mode of trial hearing to decide where a case will be heard.
4) The mags decide if the case is suitable for a mags trial, whether they are prepared to accept jurisdiction, the nature and seriousness of the offence, and any representation of the prosecution and defence.

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16
Q

What is the 5th step in triable either way cases if the mags feel they can’t handle the case?

A

It goes to crown

17
Q

What is the 5th step in triable either way cases if the mags think they can handle the case?

A

D decides which court to have his trial in.

18
Q

What is the 6th step in triable either way cases if the D picks the mags court?

A

The mags will try to discover the issues and set a date for trial.

19
Q

What is the 6th step in triable either way cases if the D picks crown court?

A

Pre-trial matters are handled by the crown court.

20
Q

What happens in a sentencing hearing?

A

A brief statement of facts from the prosecution, as well as any statements D wishes to make are presented to the court.

21
Q

What does jurisdiction mean?

A

The power to make legal decisions and judgements.

22
Q

What are the first two steps in indictable cases?

A

1) Initial hearing at mags (called Early Administrative Hearing)
2) D identity confirmed by clerk and mags decide on bail and legal aid.

23
Q

What is the third step in indictable cases?

A

There is a plea and trial preparation hearing in crown court. D will enter a plea.

24
Q

What is the 4th step in indictable cases if D pleads GUILTY?

A

He is sentenced by the judge.

25
Q

What is the 4th step in indictable cases if D pleads NOT GUILTY?

A

Issues will be discovered and date set for trial. Timetable for pre-trial prep made, and if needed a Further Case Management Hearing can take place.

26
Q

What is step 5 in indictable cases if D pleads NOT GUILTY?

A

Both the prosecution and defence give their disclosures.
Prosecution must set out all evidence they propose at the trial and any previously undisclosed material.

27
Q

What is the 6th step in indictable cases when D pleads NOT GUILTY?

A

The defence must give a written statement to the prosecution that includes:

The nature of the accused’s defence, including any legal defences intended to be relied on.

Any matters of fact on which issue is taken with the prosecution.

Any point of law to be argued, and the case authority in support.

Any alibi and the witnesses to support that alibi - this information allows the prosecution to run police checks on the alibi witnesses.

Law (7 decks)

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