Courts - week 13 Flashcards
why is it called “the crown”?
Legal proceedings are conducted in the name of the monarch
What is the Ministry of Justice?
They are responsible for overseeing the courts, prisons, probation services, and constitutional affairs
What is the home office?
responsible for the police and matters of national security
what are the 2 tests for deciding to prosecute?
1) Realistic prospect of success - sufficient evidence?
2) Public interest - is it in the best interest of the public to procceed
what are plea Bargains?
Agrees to plead guilty for a lesser charge , lighter sentence or even dismissal of other charges
When mental health is in question often forensic psychologists are brought in to assess the mental competence to stand trial
How does a trial work?
Lawyers present cases for or against the accused
judge then acts as an umpire for presentation and questioning
Who is the onus on in a Trial?
On the prosecution to present evidence to convince the court ot jury beyond reasonable doubt
What is the burden of proof in court?
Obligation to provide evidence to support a claim
What are the 2 types of system?
Adversarial
Inquisitorial
What is an Adversarial system?
Anglo american system
The parties are responsible for gathering and presenting evidence to a neutral judge who acts as an impartial referee
Justice is done when the most effective adversary is able to convince the judge or jury
Criminal defendant isn’t required to testify
What is an Inquisitorial System?
The court is actively involved in investigation and examining the facts of the case
continental European system
The judge can steer the legal process including the questioning of witnesses
What courts are used in Civil matters?
County courts
Family court
HIgh court
What type of cases are county courts used for?
Small claims court
e.g debt repayment
What type of cases are held in a family court?
Handles matters like custody of children and adoption
What type of cases are held in High court?
Mortgages and estates
What type of courts are used in criminal cases?
Magistrates court
Crown court
What types of cases are held in Magistrates court?
Less serious offenses, no jury and often a plea
All criminal cases start here
What type of cases are held in the crown court?
The most serious offences with jury
What are the crown classifications?
Class 1 - most serious (treason, murder), heard by a high court judge
Class 2 - offences which include rape, Heard by circuit judge under authority of presiding judge
Class 3 - Other offences such as kidnapping, Circuit judge or recorder
what is the Jury?
12 People who observe a trial and decide the guilt of the innocence of the defendant
what are the 6 legal criteria for the jury in England and Wales?
Random selection from the electoral role
Aged 18-70
Lived in the UK for at least 5 years since the age of 13
Cannot be disqualified or ineligible:
Mental health issues
been in prison 5 or more years
What are the characteristics of the youth justice system?
Covers 10yrs to 17 yrs
Less formal
3 magistrates or district judge
under 16 have to have a parent or guardian present
no jury
no member of public without permission
Defendant called by 1st name
What is a tribunal?
Deal with employment, health, education, immigration and other issues
e.g equality in hiring in the workplace
What is a stalking protection order?
legal orders than can be issued by magistrates courts to protect those victim to stalkers in addition the the sentence the stalker may have
e.g no contact to victim
What are typologies?
A way of characterising different behaviours or individuals based on characteristics
What 2 reasons may cause stalking?
1) rejection - usually after the breakdown of a relationship and is most persistent
2) Resentful and Retaliatory - perp sees self as victim of injustice and is motivated to get retribution
