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Law paper 1 > Crim Courts, Sentancing, Lay People (LS book 1) > Flashcards

Crim Courts, Sentancing, Lay People (LS book 1) Flashcards

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1
Q

what are the 3 types of crimes

A

summary
triable either way
indictable

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2
Q

what are summary crimes

A

least serious
driving offences and criminal damage

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3
Q

what is the punishment for summary crimes

A

max 6 months prison
unlimited fine

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4
Q

what courts are summary crimes in

A

magistrates

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5
Q

what is the court process for summary crimes

A

guilty - sentenced
not guilty - trial, if NG free to go

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6
Q

what are TEW crimes

A

middle range offences
burglary theft abh

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7
Q

what court are tew crimes in

A

magistrates or crown

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8
Q

what is the process for tew crimes

A

guilty plea before = sentanced ( under 6 months magistrates, over 6 months crown court)
trial = magistrates decide if they hold trial. if they accept then d accepts or rejects that. if magistrates or d rejects then it goes to cc for trial by jury

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9
Q

what are indictable crimes

A

most serious
robbery, murder

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10
Q

what court are indictable crimes in

A

crown court

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11
Q

what is the court process for indictable crimes

A

preliminary hearing
plea and trial preparation hearing
guilty
OR
not guilty

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12
Q

what happens at a preliminary hearing

A

in magistrates
get ds identity
bail/ custody
legal aid

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13
Q

what happens at plea and trial preparation hearing

A

in crown court
arraign the D (takes plea)

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14
Q

what happens if you plead guilty to an indictable crime

A

sentanced in crown court

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15
Q

what happens if you plead not guilty to an indictable crime

A

case management hearing - set date, identify issues, dates set for disclosing evidence

indictment - sets out charges

trial - by jury

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16
Q

what is the composition of the magistrates court

A

magistrates- bench of 3
district judge - more complex cases
clerk - legal advisor

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17
Q

what is the jurisdiction of the magistrates court

A

P - preliminary hearing
A - admin duties
Y - youth cases
S - sentancing (6 months or fine)
A - appeals ( don’t do them )
N - number of cases (95%)
D - decide verdict

18
Q

what is the composition of the crown court

A

jury (12)
judge (HCJ, circuit, recorder)
administrator- court clerk (read charges, take oaths)

19
Q

what is the jurisdiction of the crown court

A

T - tew offences
I - indictable offences
P - plea and case management hearing
A - appeals
S - sentencing for magistrates
S - sentencing ( no limits)

20
Q

what is the process for defence to appeal from magistrates

A

magistrates

crown court - only regarding conviction and sentence. completely reheard by judge and 2 magistrates. can confirm, quash, vary conviction. can confirm, reduce, increase sentanced.

can appeal again to high court. KBD - 2/4 hcj. confirm/ quash/ vary/ send back to magistrates

further right to appeal to SC if public importance

can appeal to euro court HR with permission

21
Q

what is the process for prosecution to appeal from magistrates

A

magistrates

cc - can’t go to cc

high court - confirm/ quash / send back to magistrates. 2/4 HCJ

supreme court - can appeal if matter of public importance, need permission

european court HR - can appeal if matter of public importance, need permission

22
Q

what is the process for defence to appeal from the crown court

A

cc

court of appeal - permission needed, conviction/ sentence = confirm, new evidence, quash, vary, can’t increase, send back to cc(error in law)

supreme court - can appeal but needs permission, only if public importance

can go to euro court of human rights

Criminal case review commission can refer to CoA if miscarriage of justice

23
Q

what is the process for prosecution to appeal from the crown court

A

cc

court of appeal - conviction/ sentence = for acquittal or lenient sentence. can confirm, reverse or increase error in law = confirm or quash or send back to cc

attorney general can refer regarding point of law but this won’t affect the case, just future ones

24
Q

what are the 5 aims of sentancing

A

punishment
reduction of crime
rehabilitation
reparation
protection of the public

25
Q

what are the 2 types of punishment

A

retribution - punishment fitting the crime
denunciation - public criticism of something, society’s disapproval

26
Q

what are the types of reduction of crime

A

individual- put off that individual
general - put off others from that crime

27
Q

what is rehabilitation

A

helping ppl in prison to rejoin society
treatment programmes
training skills

28
Q

what are the types of reparation

A

victim - making amends for offence. let’s v feel payed back (e.g fixing their garden if u destroy it)
society - benefits wider community (e.g removing graffiti)

29
Q

how do they do protection of the public

A

serious crimes - prison, removed from society, can’t reoffend

less serious crimes - more specific, driving bans, protects road users

30
Q

what are aggravating factors

A

make crime more serious
give higher sentance
e.g previous convictions, planned, lead roles, vulnerable victims

31
Q

what act made the aims of sentancing

A

s.142 of criminal justice act 2003

32
Q

what are the 5 types of prison sentences

A

mandatory life sentence
discretionary life sentence
fixed term sentence
minimum sentence
suspended sentence

33
Q

what introduced the mandatory life sentence

A

s.122 LASPO

34
Q

what is mandatory life

A

only for murder
serve minimum term, 12,15,30 and on license for life
whole life can be given

35
Q

what is discretionary life

A

judges decision
max they can give is whole life

36
Q

what is a fixed term sentence

A

judge sets the max length

37
Q

what is a minimum sentence

A

no fixed length, given minimum term but no release date
for dangerous offenders

38
Q

what is a suspended sentence

A

can be suspended for up to 2 years. d must follow requirements

39
Q

what are the 5 non custodial sentences

A

unpaid work (40-300 hours)
drug and alcohol treatment
exclusion from a place (max 2 yrs)
supervision (regular meetings, max 3 yrs)
curfew (usually tagged)

40
Q

what act made non custodial sentences

A

s.177 criminal justice act 2003

Law paper 1 (10 decks)

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