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Mini Topics Law > Criminal Court And Lay People > Flashcards

Criminal Court And Lay People Flashcards

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1
Q

What are the 2 types of trial courts

A

Magistrates and crown

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2
Q

What are the 3 types of offences

A

Summary
Triable either way
Indictable

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3
Q

Summary offences

A

Magistrates court
Least serious crimes
6months custodial
Max £5000

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4
Q

Triable either way

A

Magistrates or crown
Vary in seriousness
Crown court if magistrates decide it’s too serious

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5
Q

Indictable

A

Crown court
Most seruoud
Start in magistrates then go to crown

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6
Q

What are the 3 main reasons for appeal

A

1)conviction- ask another court if it’s correct
2)sentence- sentence can be reconsidered
3)point of law- believe it wasn’t applied right

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7
Q

What are the 2 Sentencing factors

A

Aggravating and mitigating

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8
Q

What are aggravating factors

A

Factors that make the sentence more server e.g. gang related, no remorse

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9
Q

What are mitigating factors

A

Factors that make the sentence less Sever e.g. was provoked, mental illness

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10
Q

What are the types of sentencing

A

Custodial, suspended, community order, fines, discharges

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11
Q

What is a custodial sentence

A

Means that D served a term of years in prison

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12
Q

What is a suspended sentence

A

Instead of custodial- activated only if D reoffends

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13
Q

What is community order

A

Unpaid work, drugs treatment, anger management, curfew

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14
Q

What are discharges

A

Conditional-up to 3 years, no reoffending
Unconditional- no penalty imposed

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15
Q

What is retribution

A

Punishment of the offender

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16
Q

What is reparation

A

Repaying the victim or society

17
Q

What is rehabilitation

A

Reforming the offender to change behaviour

18
Q

What is incapacitation

A

Protection of public- D unable to reoffend

19
Q

What is deterrent

A

Putting offenders off committing crimes

20
Q

What is the role of the magistrates court

A

1)Try 97% of all criminal cases
2) decide whether defendants gets bail
3)hear all summary offences
3) decide the verdict and sentence when D pleads not guilty

21
Q

What is the role of the jury

A

1) try 1% of cases
2) listen to evidence and judges summing up the cases
3)decide verdict in private
4)decision must be unanimous
5) no reason for the decision
6)can’t disclose info

Mini Topics Law (10 decks)

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