Criminal Courts And Lay People Flashcards

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1
Q

Explain summary offences

A

Least serious
Tried in magistrates court
Max sentence of fine/6 months prison

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2
Q

Explain TEW offences

A

Middle seriousness
Tried in magistrates or crown depending on seriousness

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3
Q

Explain indictable offences

A

Most serious
Tried in crown court

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4
Q

Who are magistrates

A

A bench of 2 to 3
The chairman= has most experience
Wings= have less experience

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5
Q

What are the 3 key things a defendant would appeal from

A
  • conviction
  • sentence
  • point of law
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6
Q

What are the 3 key things the prosecution would appeal from

A
  • acquittal
  • sentence
  • point of law
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7
Q

What the outcome of different appeals

A

Conviction can be aquitted
Sentence can be decreased
Can be a retrial

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8
Q

Who are lay juries

A

A bench of 12
Have an unanimous verdict
Selected at random
Will be unknown to case

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9
Q

Whats needed for a verdict to be decided by the jury

A

A majority verdict of 10/12 at least

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10
Q

What 3 things do the jury have when sitting in court

A
  • independency
  • secrecy
  • equity
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11
Q

What case is used for jury independency

A

R v wang- judge can direct jury

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12
Q

What case is used for jury secrecy

A

R v young

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13
Q

What case is used for jury equity

A

R v kronlid

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14
Q

What are the positives of the jury

A
  • eliminate bias
  • not case hardened (still have empathy)
  • equity
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15
Q

What are the negatives of jury’s

A
  • go agisnt overwhelming evindce
  • secrecy
  • media influence
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16
Q

What are the aims of sentencing

A
  • to punish
  • reduce crime
  • reform/rehabilitate
  • protect public
  • compensate v
17
Q

How are sentences calculated and what can influence them

A

Calculated from seriousness of offence
Aggravating factors can increase the sentence given
Mitigating factors can decrease the sentence given