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criminal courts Flashcards

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1
Q

what are the three types of offenses and where they are held In

A

1)summary(in magistrate court)
2)triable either way(held in magistrates or crown court)
3)indictable(crown court)

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2
Q

what are some examples of summary offenses

A

1)assault, battery, motoring offences

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3
Q

what are some examples of triable either-way offenses

A

1) ABH
2) S20GBH
3)theft
4)criminal damage
5)burglary
6) fraud

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4
Q

what are some examples of indictable offenses

A

1) S18 GBH
2)murder
3)manslaughter
4)rape
5)robbery
6)aggravated criminal damage

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5
Q

what is S18 and S20

A

S18- with intent
S20- without intent

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6
Q

what is the early administrative hearing and what does the magistrate deal with

A

1) whether the defendant should be bailed or remain in custody
2)what legal funding provisions are put in place
3)pre-sentence reports

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7
Q

define the term stare decisis

A

1)’ to stand by thing decided’ meaning courts adhere to previous judgements while resolving the case

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8
Q

define the term “ratio decidendi”

A

1)’ The reason for deciding’ - the reason for a court decision and is part of the judgment

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9
Q

define the term “obiter dicta”

A

’ a remark in passing’ observations by a judge or court about a point of law that may be interesting but doesn’t contribute to the decision.

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10
Q

define the term precedent

A

something that may serve as an example or rule to be followed in the future

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11
Q

what does it mean by jurisdiction and two other factors

A

1)the legal right to hear a case
2)the authority or power of the court to determine a dispute between parties
3)the territory over while the legal authority of a court extends

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12
Q

what does the workload of a magistrate include

A

1)all summary cases
2)accounts for 97% of all criminal cases (2 million per year)
3) The magistrate deals with preliminary hearings before the crown court
4)magistrate are prepared to accept jurisdiction

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13
Q

what is the maximum sentencing power held by a magistrate

A

1)6 months prison for one offence
2)12 months for to or more offenses and up to 5,000 fine

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14
Q

outline the key changes in LAPSO

A

1)S85 gives the magistrate the power to impose higher fines
-meaning fines will be unlimited
-fines are more ‘proportionate’
-more triable either way offenses can be heard in magistrate court
2) Criminal Justice Act 2003- courts had the power to impose fines in band D
3) The magistrate could impose increased fines to make a significant impression

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15
Q

list 3 examples and their effects on offenses

A

1)manufacture, import, and sale of realistic firearms-many exploit these guns by selling them to children
2)selling and supplying or offering products to under 18- may cause violence
3)selling alcohol to children- may affect children’s health

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16
Q

3 reasons for giving unlimited fines

A

1)prisons are full
2)court waiting times are long
3)minor offences

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17
Q

what takes place in the jurisdiction of the crown court

A

1)triable-either-way offences where if defended chose to go to crown court or magistrate court decided that the case is too serious for them.

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18
Q

what happens if the defendant pleads guilty in the crown court

A

judges decide the sentence

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19
Q

what happens if D pleads not guilty in the crown court?

A

1) The case will be tried by a judge and jury of 12.
2) the judge decides the point of law and the jury decides whether the Defendant is guilty.
3) if guilty, the judge will decide the sentence

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20
Q

what is the crime control model

A

1) prioritizing the efficient suppression of criminal activity through the interest of public order. speedy, informal, and routinized processes

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21
Q

explain what due process is

A

1) priorities the interests of individual suspects who is confronted by the power of the state. such an individual is entitled to a presumption of innocence

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22
Q

state the purpose, focus, and timing of the Plea hearing(Arraignment)-part of the pre-trial process

A

1)purpose: the primary purpose is to charge the defendant with a crime and to have the defendant enter a plea
2)focus: focus on the defendant’s understanding of the charges
3)timing: on the first steps in the criminal process after a person is charged

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23
Q

what are the pre trial procedure for summary offences

A

1)defendant is arrested and charged with offence. cps make decisions on what offence to charge
2)police can give defendant bail, or they must be taken before magistrates immediately for trial to be considered
3)magistrate decide on bail at first hearing
4) defendant is tried at magistrate court

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24
Q

what are the pre-trial procedure
triable either way offences(for guilty)

A

1) the defendant is arrested for an offense
2) CPS makes decisions on what charge to give
3) police can give the defendant bail, or he must be taken before the magistrate’s court immediately for bal to be considered
4) The defendant asked is pleads guilty or
guilty plea:
1)magistrates decide sentence or send it to crown court for sentencing if power is insufficient

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25
Q

what are the pre-trial procedure
triable either way offences(for not guilty)

A

not guilty plea:
1)mode of trial hearing magistrates decide if they are prepared to try the case
2) The magistrate decides if it’s too serious to send to the crown court
3)plea case management at the crown court

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26
Q

what are the pre-trial procedure
indictable offences

A

1) the defendant is arrested and charged with an offense. CPS decides on what offense to charge
2)police can give the defendant bail or he must be taken before magistrate court immediately for bail to be considered
3)magistrate consider bail and funding
4)case is sent to crown court for trial
5)plea and case management of crown court

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27
Q

what is mode of trial and what does it consider (pre-trial process)

A

1)it considers triable either way offenses based off:
-series of cases
-the sentencing powers
-magistrate Is told previous convictions
-criminal justice act 2003

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28
Q

what is sending for trial hearing and its factors(pre-trial process)

A

1)part of the section 51 crime and disorder act 1998
1)one appearance in magistrates court to determine e.g funding of the case
2)magistrate provide evidence, the offenses and places of trial
3)they are sent straight to crown court

29
Q

explain plea hearings

A

1) negotiations between prosecution and defense

30
Q

explain R v Goodyear(2005)

A

1) the defendant can request an indication from the judge the likely sentence if they plead guilty

31
Q

what happens during bail hearings

A

1) the individual is arrested and charged
–> police choose to keep them in custody–>if the case if adjourned to a later date the court decide on bail or custody until the hearing

32
Q

what are 5 factors the court will consider when deciding to grant the defendant bail or not(bail hearings)-part of the pre-trail process

A

1)seriousness of the case
2)criminal record
3)personal circumstance
4)the potential risk to public or eyewitness/victim
5)flight risk

33
Q

what are the conditions of bail (bail hearings)- part of pre-trial process

A

1)these include surrounding passport, reporting to a police station, regularly starting away from certain people

34
Q

explain how legal aid decision works and how its decided(pre-trial process)

A

1)legal aid can help meet the costs of legal advice, family mediation and representation I court or tribunal
2)you will need to show that the case is eligible for legal aid if the problems are serious-then its unable to afford to pay legal costs
3)they are considered in decisions; income, family circumstances, living costs, etc..

35
Q

what are case management hearings and what are its purpose focus and timing

A

1)purpose: organize and manage the case before it goes to trial plan is to reduce ‘cracked trials’
2)focus: the focus is on the logistical issue e.g letting timelines, evidence, a witness testifying they make sure trial is fair
timing: hearing that takes place after the arraignment.

36
Q

explain what a disclosure hearing is how it affects defense and prosecution and the act it’s under

A

1)under the criminal justice act 2003, criminal procedure and investigation act 1996
2) defense: must disclose all its evidence to the prosecution.
3)prosecution: continuing duty to disclose anything that may reasonably undermine the prosecution case

37
Q

explain what a ‘cracked trial’ is

A

1) a preplanned trial that doesn’t occur since the offender pleads guilty. so it is a waste of money and time

38
Q

state the stages in the pre-trial process

A

1)mode of trial
2)sending for a trial hearing
3)plea hearings
4)bail hearings
5)legal aid decisions
6)case management hearings
7)disclosure hearing

39
Q

explain the adversarial system

A

1)the adversarial system is based on the opposing sides acting as adversaries who compete to convince judge and jury that their version of the facts is the most convincing
-The judge has to follow rules and is passive
-England is a common-law country

40
Q

explain the inquisitorial system

A

1)an inquisitorial system involves a preliminary investigation conducted by an investigating magistrate to seek the truth.
-Judge has an active role in the system
-takes part in countries such as France, Germany

41
Q

explain what the Burden of proof is

A

1)requires a party (prosecutor to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute
2)AKA ‘onus’. in the criminal justice system of the UK, the burden of proof lies with the government, it is obligated of the prosecutor, not the defendant to prove the case of the crime charged

42
Q

what are the stages of a trial

A

1)opening speech-outlines the facts
2)prosecution examination in chief calls in a witness to support the case
3) defense than cross-examines
4) The prosecution will re-examine if needed
5)after prosecution–> defense submits no case to answer(not enough evidence
6) defense case- chief in examination
7)prosecution-cross examines
8)closing speech made by both sides
9) If in crown court–> judges will summarise legal and factual issues and advise the jury on what to deliberate
10)jury/magistrate retire- aim for a unanimous verdict
11) not guilty = acquitted / guilty = sentencing

43
Q

what happened in the case of Thompson and Venables?

A

1)ECHR upheld complaints by the boys that their trial in the crown court violated their right to a fair trial- article 6 of ECHR

44
Q

Outline Youth Justice and Criminal Evidence Act 1999- measures aimed at protecting vulnerable witnesses giving evidence(protecting vulnerable witnesses

A

1)combination of special measures likely to maximize the guilt of the witness evidence before granting the application
-whether the witness is under 18
-mental disorder, physical disorder
-secures office victims

45
Q

outline the rules of admissibility of evidence

A

criteria:
1)probative - must have value to the case and must be credible
2)not prejudical-must be factual and imported, and can be excluded by the court
3)relevant - make the matter require less proof less probable and help prove the guilt and innocence of the defendant
4)accurate - facts are given in court accurately to assist the court
5)coherent - makes sense to the court and is easy to understand
6)provable - case must be capable of proof unless the law provides otherwise

46
Q

explain bad character

A

1) Following the passing of ss -101-103 of the Criminal Justice Act 2003, evidence of past convictions will be more widely available.

47
Q

Pros and cons of bad character

A

Pro: can provide a reason for intent or pattern of behavior
con: it may negatively influence the open judge’s decision

48
Q

list the criticisms of the trial systems

A

1)cracked and ineffective trials
2)problems with disclosure- Criminal Procedure and Investigation Act 1996
3) confession evidence and miscarriages of justice-the need for corroboration rule
4)role of expert witness - Rv Clark(2003)
5)treatment of victims and witnesses
6)role of media- contempt of court

49
Q

what is the corroboration rule(part of criticism of the trial system)

A

corroboration rule:
-there must be two separate sources of evidence before a case can proceed to trial. This is to prevent the accused from being convicted on the work of one person with no supporting evidence

50
Q

what are community justice centers

A

1)a center inspired by us model attempted to contribute to the tackling of offending behavior, however, it was ineffective as it did not reduce re-offending

51
Q

what were the pros and cons of March 2019 -knife crime Prevention order

A

pros;
1)reduce knife crime to some degree
2)prevent re-offenders due to curfews
3)help offenders restabilize themselves
cons:
1)law won’t massively impact as enforcement of police is the problem
2) this law will be broken by youth
3)doesn’t directly help with knife crime it only prevents offenders in the future

52
Q

state 2 reasons why restorative justice is a viable alternative option to prison

A

1)85%of victims felt it was a positive experience
2)helps offenders feel remorse for the victims

53
Q

what are articles 5 and 6

A

1)article 5- right to liberty(freedom)
2)article 6- rights to fair trial

54
Q

what is Kings Bench divisional court

A

1) this is the high court, which usually handles civil cases and appeals

55
Q

what does the magistrate court do

A

appeals on the basis that there has been an error of law that the magistrate has acted out of their jurisdiction

56
Q

state what the crown court does

A

defense only:
1)it pleads guilty,only appeal against sentence if plead not guilty, appeal against conviction and/ or sentence

57
Q

explain what will happen if a case goes to the crown court by defence criminal appeals)

A

1)defence only
2) the defendant has an automatic right of appeal:
-against conviction
-against sentence
-appeal must be made within 21 days

58
Q

explain what will happen if a case goes to the king’s bench divisional court (criminal appeals)

A

1)can be made by the prosecution or defense
2)can be made directly from the magistrate court or an appeal from the crown court
3) The basis of the appeal is a claim that the magistrate made an error of law or acted outside jurisdiction/ if the appeal is successful, the case will be sent back to the magistrate for reconsideration

59
Q

explain what will happen if a case goes to the Supreme Court(criminal appeals)

A

1)the court below certifies that a point of law of general public importance is involved
2)can be used by the defense against conviction or prosecution if the defendant is acquitted
3)leave to appeal(permission to appeal against the decision of court).

60
Q

what happens in king bench divisional court (appeals from the crown court)

A

1) defense: The case stated appeal is the same as the magistrate court
2)prosecution: appeal against acquittal; where the jury has been ‘nobbled’. very rarely need attorney general permission

61
Q

what happens in a court of appeal (appeals from the crown court)

A

1)defense: against sentence or conviction- Criminal Appeal Act 1995
2)prosecution:
-attorney general reference on a point of law.
-attorney general against lenient sentence

62
Q

explain what happens if case goes to court of appeal(criminal division) by defence (appeals from the crown court)

A

1)can be against conviction or sentence
2) the defendant must get leave to appeal from the trial judge or a court of appeal
3) The court of appeal can: squash conviction, vary conviction, or decrease sentence –> appeal must be filed within 28 days

63
Q

explain what happens if the case goes to the court of appeal by
prosecution -has limited rights of appeal (appeals from the crown court)

A

1)appeals against acquitted are extremely rare–> can only be made with the permission of the attorney general (e.g s36 Criminal Justice Act 1972)
2)attorney-general against lenient sentence
3)S36 Criminal Justice Act 19880 attorney can refer the case

64
Q

explain what happens if the case goes to Kings Bench divisional court by prosecution (appeals from the crown court)

A

1)appeal against acquittal
2)where the jury had been influence- is unfairly influenced
3) The Criminal Procedure and Investigation Act 1996 allows retrial to be ordered
4)allows for re-trial in the public interest

65
Q

explain what happens if the case goes to Kings Bench divisional court by defense (appeals from the crown court)

A

1) The judge/ jury made an error in applying the new law
2)this is the same way as the magistrate

66
Q

explain what happens if the case goes to appeals from the crown court by both prosecution and defense (appeals from the crown court)

A

1)leave appeal is rarely granted
2)cases must only be on legal points of ‘general public importance’

67
Q

explain the C v DPP 1994 case

A

1) The case involved the legal point about the presumption of criminal responsibility for children from the age of ten up to their 14th birthday.

68
Q

what courts did Cv DPP 1994 appeal to

A

1) the first appeal was made to the king’s divisional court)
2)(magistrate appealed to high kings court)
3)the appeal would then be dismissed and the conviction,
-it acted outside the magistrate’s jurisdiction
4) the second appeal was to the Supreme Court)
- the case was sent to the House of Lords, and it was accepted since their had to be evidence of the child knowing right or wrong

English Legal system (3 decks)

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