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Criminal Courts Flashcards

1
Q

What are summary offences?

A

The least serious types of offences such as assault and battery.

Summary offences are typically handled in the Magistrates’ court.

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2
Q

What is the maximum sentence for a summary offence if the defendant pleads guilty?

A

Up to six months.

If a larger sentence is needed, the case can be sent to the Crown court for sentencing.

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3
Q

What happens if a defendant pleads not guilty to a summary offence?

A

The magistrates must decide whether to grant bail or remand the defendant in custody.

Bail may be granted on conditions such as surrendering their passport.

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4
Q

What is a plea before venue hearing?

A

A hearing in the Magistrates’ court for triable either way offences where the defendant enters a plea.

Examples of triable either way offences include theft and s47 ABH.

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5
Q

What is the maximum sentence for a triable either way offence if the defendant pleads guilty?

A

12 months.

The process is similar to that of summary offences.

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6
Q

What happens if a defendant pleads not guilty to a triable either way offence?

A

A mode of trial hearing takes place to decide whether the trial will happen in the Magistrates’ court or the Crown court.

The defendant can ‘elect’ which court they prefer if the Magistrates can hear the case.

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7
Q

What is a case management hearing?

A

A hearing in the Crown court where a judge handles bail and sets a date for trial in front of 12 jury members.

This occurs if the case is transferred to the Crown court after a not guilty plea.

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8
Q

What are indictable offences?

A

The most serious crimes such as murder.

These offences start with a preliminary hearing at the Magistrates’ court.

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9
Q

What happens if a defendant pleads guilty to an indictable offence?

A

The case is transferred to the Crown court for sentencing.

If they plead not guilty, a case management hearing follows.

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10
Q

What is the role of the Magistrates in the trial process?

A

They handle preliminary hearings and decide on bail for summary and triable either way offences.

They also determine if they can hear a case or if it should go to the Crown court.

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11
Q

What is a mode of trial hearing used for?

A

To decide whether a case will be handled by the Magistrates Court or the Crown Court

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12
Q

What factors do magistrates consider to determine jurisdiction?

A

Nature and seriousness of the crime, complexity of the case, involvement of organised crime or breach of trust

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13
Q

How does the amount of money involved in theft affect jurisdiction determination?

A

Smaller amounts are more likely to be handled by magistrates; larger amounts may be too serious for them

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14
Q

What happens if a case involves a defence such as insanity?

A

It is better handled by a judge in the Crown Court due to the complexity and need for medical evidence

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15
Q

What options does the defendant have after magistrates conclude they can hear the case?

A

Elect a trial by 3 magistrates or in front of 12 jury members in the Crown Court

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16
Q

Why might a defendant prefer a trial in the Crown Court?

A

Higher acquittal rate, better access to experienced lawyers, and easier legal aid

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17
Q

What is the acquittal rate comparison between magistrates and juries?

A

35% for juries compared to 15% for magistrates

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18
Q

What advantages do magistrates’ trials have for defendants?

A

Trials are shorter and cheaper, and lower sentencing powers

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19
Q

Fill in the blank: Defendants may prefer the Magistrates Court because trials are much _______.

A

cheaper

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20
Q

What is required for lawyers to appeal in the Crown Court?

A

A certificate of advocacy

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21
Q

What is the significance of legal aid in the context of the Crown Court?

A

It is easier to obtain due to less restrictive means tests

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22
Q

What can magistrates do if a defendant is found guilty but has a case that warrants a higher sentence?

A

Transfer the case to the Crown Court for sentencing

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23
Q

True or False: Very few people qualify for legal aid even in the Crown Court.

A

True

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24
Q

What is the final outcome of the mode of trial hearing?

A

The case will continue in the relevant court based on the defendant’s election

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25
What is a potential reason a defendant (D) may prefer the Magistrates court (mags)?
Trials are much shorter and cheaper in the mags ## Footnote A half day compared to several days in the Crown Court
26
How can opting for the Magistrates court save a defendant time and stress?
Trials are shorter and costs are lower ## Footnote This is particularly important if the defendant cannot get legal aid
27
What is a disadvantage of being tried in the Magistrates court regarding sentencing?
Magistrates have lower sentencing powers than the Crown ## Footnote However, they can transfer the case to the Crown for sentencing
28
What advantage do Magistrates have that may benefit a defendant's case?
Local knowledge and understanding of the defendant's circumstances ## Footnote This may lead to a more sympathetic view than that of a judge or jury
29
What is the acquittal rate comparison between the Magistrates court and the Crown court?
15% in the mags compared to over 60% in the Crown ## Footnote This difference is influenced by factors like witness availability and jury sympathy
30
What issues can affect the acquittal rate in the Magistrates court?
Witnesses not showing up, directed acquittals, jury sympathy ## Footnote Jury sympathy is estimated at 35% compared to 15% for magistrates
31
Why might a defendant be more likely to get a good lawyer in the Crown court?
Lawyers must have a certificate of advocacy to appeal in the Crown ## Footnote This ensures that they are experienced and capable of presenting a better defense
32
How does the means test for legal aid differ between the Crown court and the Magistrates court?
The means test is less restrictive in the Crown court ## Footnote This increases the likelihood of receiving legal aid at the Crown
33
What benefit does a defendant gain if they think they are likely to be found guilty in the Crown court?
Time spent in remand will be considered as time served ## Footnote Remand is generally 'nicer' than prison, allowing for less time in prison
34
Fill in the blank: Acquittal rates in the Magistrates court are _____ compared to the Crown court.
15%
35
True or False: Defendants are less likely to receive legal aid in the Crown court compared to the Magistrates court.
False ## Footnote The means test for legal aid is less restrictive in the Crown
36
Who listens to the evidence in summary offences and triable offences that do not go up to the Crown?
3 lay Magistrates ## Footnote These Magistrates consider the court clerk's advice before deciding a verdict.
37
What is the maximum prison sentence a Magistrate can impose for summary offences?
6 months ## Footnote For triable offences, the maximum is 12 months.
38
What can Magistrates do if they feel their sentence is insufficient?
Send D up to the Crown for harsher sentencing
39
In which court is a trial held if the defendant (D) is between 10 - 17 years old?
Youth court
40
What can D do if they disagree with the guilty verdict or sentence?
Appeal to the Crown court
41
How many Magistrates may hear an appeal to the Crown court?
2 Magistrates
42
What do Magistrates prepare if a triable either way offence is going to the Crown?
The case initially
43
What do Magistrates prepare before sending indictable offences to the Crown Court?
The case
44
What are Magistrates responsible for in all cases regarding defendants?
Granting bail or remand
45
What conditions may be attached to granted bail?
Surrendering passport
46
What type of warrants can Magistrates issue outside of court?
Warrants for police officers to search property
47
What can Magistrates issue to compel witnesses to come to court?
Summons
48
What is the maximum time Magistrates can extend police custody for questioning?
96 hours
49
What percentage of criminal cases in the UK are handled by the Crown Court?
Less than 3% ## Footnote The majority are handled by the Magistrates Court.
50
What types of offences does the Crown Court hear?
Indictable and triable either way offences ## Footnote These are cases the Magistrates cannot handle or where the defendant has elected for a Crown trial.
51
What happens if a defendant pleads guilty in the Crown Court?
A judge will decide their sentence, which can be up to the maximum for that crime.
52
What is the purpose of a 'case management hearing' in the Crown Court?
To handle pre-trial procedures and set a date for trial.
53
How many members are on a jury in the Crown Court?
12 members
54
Who provides legal advice to the jury in the Crown Court?
The judge
55
What role do judges in the Crown Court have regarding appeals?
They hear appeals against conviction and sentence from the Magistrates Court, alongside 2 magistrates.
56
What is the automatic right of a defendant found guilty in the Magistrates court?
To appeal against their conviction or sentence ## Footnote Appeals are handled by a judge and 2 magistrates in the Crown court.
57
What decisions can the Crown court make regarding a conviction from the Magistrates court?
Uphold, quash, or vary the decision downwards ## Footnote For example, varying the conviction from $47 ABH to battery.
58
What are the options the Crown court has for sentencing?
Uphold, reduce, or increase the sentence ## Footnote Increase is limited to the maximum sentence the Magistrates could have originally given.
59
What is the maximum sentence for a summary offence?
16 months ## Footnote For a triable either way offence, the maximum is 12 months.
60
What must a defendant seek to appeal from the Crown court to the Court of Appeal?
Leave to appeal ## Footnote The application is dealt with by one Lord/Lady Justice.
61
How many Lord/Lady Justices hear appeals in the Court of Appeal if permission is granted?
Three Lord/Lady Justices
62
What powers do the Court of Appeal have regarding convictions?
Same powers as the Crown court, plus the ability to order a re-trial ## Footnote This applies if they quash an unsafe conviction, as seen in R v George.
63
What can the Court of Appeal do regarding sentencing?
Uphold or decrease the sentence ## Footnote They cannot increase the sentence if the defendant is the one appealing.
64
What is a 'case stated appeal'?
An appeal about a point of law claiming a mistake was made by the original court
65
Which court hears a 'case stated appeal'?
King's Bench Divisional Court (KBD)
66
What decisions can the KBD make regarding a case stated appeal?
Confirm, reverse, or clarify the point of law ## Footnote They can remit the case back to the original court.
67
What is required for a further appeal to the Supreme Court from the KBD?
Leave to appeal concerning something of general public importance
68
Give an example of a case that raised a point of general public importance.
John Platt case ## Footnote It concerned the right of a parent to take their child out of school for a holiday.
69
What is the automatic right of a defendant found guilty in the Magistrates court?
To appeal against their conviction or sentence ## Footnote Appeals are handled by a judge and 2 magistrates in the Crown court.
70
What decisions can the Crown court make regarding a conviction from the Magistrates court?
Uphold, quash, or vary the decision downwards ## Footnote For example, varying the conviction from $47 ABH to battery.
71
What are the options the Crown court has for sentencing?
Uphold, reduce, or increase the sentence ## Footnote Increase is limited to the maximum sentence the Magistrates could have originally given.
72
What is the maximum sentence for a summary offence?
16 months ## Footnote For a triable either way offence, the maximum is 12 months.
73
What must a defendant seek to appeal from the Crown court to the Court of Appeal?
Leave to appeal ## Footnote The application is dealt with by one Lord/Lady Justice.
74
How many Lord/Lady Justices hear appeals in the Court of Appeal if permission is granted?
Three Lord/Lady Justices
75
What powers do the Court of Appeal have regarding convictions?
Same powers as the Crown court, plus the ability to order a re-trial ## Footnote This applies if they quash an unsafe conviction, as seen in R v George.
76
What can the Court of Appeal do regarding sentencing?
Uphold or decrease the sentence ## Footnote They cannot increase the sentence if the defendant is the one appealing.
77
What is a 'case stated appeal'?
An appeal about a point of law claiming a mistake was made by the original court
78
Which court hears a 'case stated appeal'?
King's Bench Divisional Court (KBD)
79
What decisions can the KBD make regarding a case stated appeal?
Confirm, reverse, or clarify the point of law ## Footnote They can remit the case back to the original court.
80
What is required for a further appeal to the Supreme Court from the KBD?
Leave to appeal concerning something of general public importance
81
Give an example of a case that raised a point of general public importance.
John Platt case ## Footnote It concerned the right of a parent to take their child out of school for a holiday.
82
What can the prosecution appeal against regarding a judge's ruling?
A judge's ruling on a point of law that leads to a directed acquittal ## Footnote If the judge wrongly stops a case, the prosecution can ask for this decision to be reviewed by a higher court.
83
Under what circumstances can the prosecution appeal against an acquittal?
Two situations: * Evidence of jury nobbling * New and compelling evidence not presented at the original trial ## Footnote Jury nobbling refers to instances where jury members are bribed or threatened.
84
What was a risk in the Brinks-Mat robbery case?
Bribery of jury members ## Footnote The large amount of money involved raised concerns about potential jury interference.
85
What happened in R v Dunlop regarding acquittal?
The defendant later confessed to the murder, leading to a re-trial with new evidence ## Footnote The original acquittal was quashed based on the new confession.
86
What can the prosecution appeal against with regard to sentencing?
An unduly lenient sentence with the permission of the Attorney General ## Footnote This occurs if the original court did not impose a sufficiently harsh sentence.
87
What was the outcome in R v Yates concerning sentencing?
D's sentence was increased by five years ## Footnote The court considered the seriousness of providing the murder weapon (a gun).
88
What can the prosecution do if they wish to refer a point of law?
Refer a point of law to the Court of Appeal with the Attorney General's permission ## Footnote This allows clarification of the point of law but does not affect the case verdict.
89
What is a 'case stated appeal'?
An appeal to the King's Bench Divisional Court ## Footnote The KBD can confirm, reverse the decision, or clarify the law and remit the case.
90
What must the prosecution seek to do after a case is heard by the King's Bench Divisional Court?
Seek leave to make a further appeal to the Supreme Court if the case concerns general public importance ## Footnote This step is necessary for cases that have broader implications beyond the individual case.

Law (22 decks)

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