Criminal Courts Flashcards
What is the primary purpose of criminal law?
A. To resolve disputes between individuals
B. To punish offences against society
C. To regulate business transactions
D. To compensate victims financially
B – Criminal law exists to punish offences against society and deter future criminal behaviour.
Who has the burden of proof in a criminal trial?
A. The prosecution
B. The defendant
C. The judge
D. The jury
A – The prosecution must prove the defendant’s guilt beyond reasonable doubt.
What is the standard of proof in criminal cases?
A. Balance of probabilities
B. Beyond reasonable doubt
C. Preponderance of the evidence
D. Clear and convincing evidence
B – Criminal cases require proof beyond reasonable doubt to ensure a high level of certainty before convicting a defendant.
Which court hears the most serious ‘indictable only’ criminal offences?
A. Magistrates’ Court
B. Crown Court
C. Court of Appeal
D. High Court
B – Indictable-only offences, such as murder or rape, are heard in the Crown Court.
What happens if a defendant pleads guilty in a Magistrates’ Court?
A. The case is dismissed
B. The court proceeds to sentencing
C. The case moves to the Crown Court
D. The defendant is automatically acquitted
B – If a defendant pleads guilty, the Magistrates’ Court will move directly to sentencing.
John is accused of theft and his trial is held in the Magistrates’ Court. He is found guilty and sentenced to 6 months in prison. What is the next possible step if he wants to challenge this?
A. Appeal to the Crown Court
B. Appeal to the Supreme Court
C. Request a retrial in the Magistrates’ Court
D. Appeal directly to the European Court of Human Rights
A – A convicted defendant in the Magistrates’ Court can appeal their conviction or sentence to the Crown Court.
A defendant is convicted in the Crown Court and believes their conviction is unsafe due to errors in the trial. What is their best course of action?
A. Appeal to the Magistrates’ Court
B. Appeal to the Court of Appeal (Criminal Division)
C. Request a jury retrial
D. Appeal directly to the Supreme Court
B – Appeals against conviction or sentence from the Crown Court go to the Court of Appeal (Criminal Division).
A defendant is convicted in the Crown Court and appeals their sentence. The Court of Appeal refuses permission to appeal. What is their next step?
A. Appeal to the Supreme Court
B. Apply to the Criminal Cases Review Commission
C. Request a retrial
D. Appeal directly to the King
B – If an appeal is refused, the defendant may apply to the Criminal Cases Review Commission for a review of their case.
The prosecution believes a sentence imposed by the Crown Court is too lenient. What action can they take?
A. Appeal to the Supreme Court
B. Request a retrial
C. Ask the Attorney General to refer the case to the Court of Appeal
D. Appeal directly to the Magistrates’ Court
C – The Attorney General can refer unduly lenient sentences to the Court of Appeal for review.
A criminal case raises an important legal question affecting public policy. What must be established before an appeal can be heard by the Supreme Court?
A. The case must be high-profile
B. There must be a ‘point of law of general public importance’
C. The defendant must have served half their sentence
D. The prosecution must agree to the appeal
B – The Supreme Court only hears cases that involve a ‘point of law of general public importance’.
