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law-the legal system > criminal courts > Flashcards

criminal courts Flashcards

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1
Q

which courts hear criminal cases

A

magistrates/crown

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2
Q

what is a prosecutors job

A

prove beyond all reasonable doubt they are guilty/cross examine witnesses

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3
Q

how many magistrate courts are there in uk

A

160

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4
Q

how many crown courts are there in uk

A

84

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5
Q

what offences do magistrate courts hear

A

triable/summary

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6
Q

what offences do crown courts hear

A

indictable

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7
Q

what are the 2 parties in criminal courts

A

prosecution/defence

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8
Q

what does the prosecution do

A

advises police on charges/establishes evidence needed/lawyers and barristers work for cps

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9
Q

what does the defence do

A

prove prosecution is wrong/lawyers work for defendant

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10
Q

what are the 3 types of offences

A

summary/triable either way/indictable

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11
Q

what is a summary offence

A

violation in common law that can be proceeded without a trial

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12
Q

what are examples of summary offences

A

petty theft/traffic violations

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13
Q

what is a triable either way offence

A

offence that can either be indictable or summary

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14
Q

what is an example of a triable either way offence

A

assault causing bodily harm/large theft

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15
Q

what is an indictable offence

A

most serious crime can only be tried in crown court

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16
Q

what is an example of indictable offences

A

manslaughter/robbery/murder

17
Q

what does the criminal appeal act 1995 do

A

allows appeals if conviction is unsafe

18
Q

what are the 5 powers of the court of appeal

A

dismiss appeal/decrease sentences/lower offence conviction/allow appeal and squash conviction/order a retrial

19
Q

when can the prosecution appeal

A

if the jury interfered/new evidence changes verdict

20
Q

how many cases are appealed to supreme court

A

20 per year

21
Q

who can appeal to supreme court

A

both prosecution and defence

22
Q

what are the 5 aims of sentencing

A

rehabilitation/protection of public/punishment of offenders/reduction of crime/reparations to victims

23
Q

what 5 factors are considered in sentencing

A

medical reports/background of offender/aggravating or mitigating factors/pre-sentence report

24
Q

what is an example of a medical report

A

psychiatric background

25
Q

what is an aggravating factor

A

something that makes it worse eg. previous convictions

26
Q

what is a mitigating factor

A

something that makes it better eg. first time offence

27
Q

what is a pre-sentence report

A

gives background information

28
Q

what are the 4 types of sentence

A

custodial/fine/community/discharge

29
Q

what is a custodial sentence

A

most serious punishment which ranges from short period to life

30
Q

what is a fine

A

income watch to determine price to pay

31
Q

what is a community sentence

A

litter picking/sweeping streets

32
Q

what is a discharge

A

being let off the crime for morals

law-the legal system (7 decks)

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