Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law > Criminal Courts > Flashcards

Criminal Courts Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What are the 2 first instance criminal courts?

A
  • Magistrates

- Crown

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the 3 classifications of offence?

A

Summary - Heard in the magistrates (e.g. assault)
Triable Either Way - Heard in mags or crown (e.g. ABH)
Indictable - Heard in crown (e.g. Serious GBH)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a summary offence?

A

The least serious type of offence. They are always heard in the mags where the magistrate will decide the verdict and sentence D.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is a triable either way offence?

A

Mid-serious offences. They can be heard in either the mags or crown court, with the magistrate deciding the verdict and sentencing D in the mags and the jury deciding the verdict and the judge sentencing D in the crown.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is an indictable offence?

A

The most serious type of offence. They are always heard in the crown court, where the jury will decide the verdict and the judge will sentence D.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the procedure for a summary offence?

A
  1. D receives a summons and is charged.
  2. D appears in the mags for a preliminary hearing.
  3. D enters their plea.
    Guilty Plea:
  4. Mags will sentence D (max 6 months)
  5. Mags can refer the case to the crown if they think their sentencing powers are not enough.
    Not Guilty Plea:
  6. Mags will set a date for trial
  7. Mags will set bail
  8. Trial
  9. Verdict and sentencing.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the procedure for triable either way offences?

A
  1. D is charged
  2. Plea before venue hearing (D enters plea)
    Guilty Plea:
  3. Mags will sentence D
  4. Mags can refer the case to the crown if they think their sentencing powers are not enough.
    Not Guilty Plea:
  5. Mode of Trial Hearing - mags decide whether or not they are able to hear the case, if not the case will go to the crown court, but if they can, the D will be given the choice which court to go to.
    Mags:
  6. Hear evidence and reach a verdict.
  7. Mags can refer the case to the crown if they think their sentencing powers are not enough.
    Crown:
  8. Case Management Hearing - date of trial is set and bail is set
  9. Jury decide verdict
  10. Judge sentences D
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the factors taken into account by the mags in the mode of trial hearing?

A 
Level of seriousness of offence
Complex facts
Complex issues of law 
Vulnerability of D or V
Abuse of trust
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the advantages for the D choosing the Magistrates over the Crown?

A

Cheaper
Quicker
Limits on sentencing
Local knowledge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the advantages for the D choosing the Crown over the Magistrates?

A

More likely to be acquitted
More likely to be granted legal aid
More likely to be represented by an experienced lawyer
If D is on remand and likely to receive a custodial sentence, their sentence will be reduced for their time spent on remand.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the procedure for indictable offences?

A
  1. D is charged
  2. D enters Plea - in mags
  3. Case Management Hearing - date of trial is set
  4. Trial
  5. Jury decide verdict
  6. Judge sentences D
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the two grounds on which the D can appeal?

A

Conviction

Sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is an appeal against conviction from the Mags?

A

A judge and 2 mags will hear the appeal in the crown court. They can uphold the decision (no change), quash it (D shouldn’t be guilty) or vary it (change the charge).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is an appeal against sentence from the Mags?

A

A judge and 2 mags will hear the appeal in the crown court. They can uphold, decrease or increase D’s sentence. They can only increase it up to the maximum sentencing powers of the mags (6 months).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What must D apply for for an appeal from the crown court?

A

D must be granted leave (permission from the CoA to appeal)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is an appeal against conviction from the crown?

A

Three justices will hear the appeal in the CoA. They can either uphold, quash or vary the conviction. For example, R v George.

17
Q

What is an appeal against sentence from the crown?

A

Three justices will hear the appeal in the CoA. They can uphold or decrease the sentence (not increase it). For example, R v Herbert.

18
Q

What ways can the prosecution appeal?

A
  1. Appeal against a judge’s ruling
  2. Appeal against acquittal
  3. Appeal by referring a point of law
  4. Appeal against an ‘unduly lenient’ sentence
19
Q

What are case stated appeals?

A

When both the defence and prosecution appeal the decision. They claim that there is an error on a point of law. This appeal goes to the QBD and can be made from the Crown or Mags. The QBD can confirm, reverse or remit the decision. If a party does not agree with this decision they can appeal up to the Supreme Court.

Law (43 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions