Criminal courts Flashcards

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1
Q

Magistrates court jurisdiction

A

Deal with summary and Triable either way cases

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2
Q

Crown court jurisdiction

A

Deal with Triable either way and Indictable cases

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3
Q

Summary

A

Least serious offence

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4
Q

Summary examples

A

Penalty fines, Littering, Football bans

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5
Q

Summary pre trial

A

D enters and gives name and address
Prosecution opens and gives brief summary of case
Magistrates deliberate and decide
Magistrates pass sentence

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6
Q

Triable either way

A

middle range crimes.

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7
Q

Triable either way examples

A

Theft, stealing a vehicle

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8
Q

Whats the procedure for Triable either way cases called?

A

Plea before venue

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9
Q

Whats the defendant’s election?

A

Choice of court by TEW defendent if magistrates allow.

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10
Q

Why would a TEW case go to Crown court?

A

Complexity
Breach of duty
Organised crimes

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11
Q

Indictable

A

Most serious crime

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12
Q

Indictable examples

A

Murder
Rape
Robbery

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13
Q

What happens at the magistrates court for Indictable offences?

A

An early administration hearing

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14
Q

Whats the purpouse of an early administration hearing?

A

Legal funding and representation
Bail
Send to crown court for trial

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15
Q

What happens if the D pleads guilty at Indictable hearing?

A

Proceeds to sentence

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16
Q

What happens if the D pleads not guilty at Indictable hearing?

A

Trial date and timetable is set

17
Q

appealing magistrates(guilty)

A

only sentence
hearing
confirm increase or decrease sentence

18
Q

appealing magistrates(not guilty)

A

against conviction or sentence
judge+ 2 lay complete rehearing
confirm or increase sentence or guilty of lesser offence

19
Q

appealing crown court

A

Fill out an appeal form

20
Q

Appeals by way of case stated

A

Case must identify the question of law or jurisdiction

21
Q

Whats the case for appeals by way of case stated?

A

C v Dpp

22
Q

crown court not guilty(summary and TEW)

A

appeal to KBD against conviction

23
Q

crown court not guilty(indictable)

A

must have permission from court of appeal

24
Q

Crown court Guilty

A

Can only appeal sentence

25
Q

What are the grounds of appeal from crown court?

A

Conviction is unsafe

26
Q

CA powers

A

Give out prison sentences and community orders

27
Q

Appeals by prosecution grounds

A

Jury tamping
New evidence has been found

28
Q

Plea before venue

A

Pre trial hearing in magistrates
Defendent asked if plead guilty or not guilty

29
Q

What happens if triable either way defendent pleas guilty?

A

Case proceeds to sentence hearing

30
Q

What happens if triable either way defendent pleas not guilty?

A

Magistrates carry out mode of trial proceedings

31
Q

Mode of trial proceeding

A

Magistrates decide most appropiate court to try case

32
Q

What do magistrates consider when choosing a court?

A

Own powers
Recommendations by Prosecutor
Seriousness of offence