criminal courts and lay people Flashcards

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1
Q

what are the two types of criminal courts?

A

crown crown
magistrates court

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2
Q

what are the three types of criminal offences?

A

summary offences
triable either way offences
indictable offences

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3
Q

summary offences

A

the least serious offences
can only be trialed in magistrates court

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4
Q

summary offences max fine

A

unlimited

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5
Q

summary offences max prison sentence

A

6 months

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6
Q

summary offences examples

A

assault
battery

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7
Q

triable either way offences

A

medium serious offences
tried in either magistrates or crown court
the case will be transferred to crown court if it is too serious for the magistrates

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8
Q

triable either way offences examples

A

s20 GBH, theft

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9
Q

indictable offences

A

most serious offences
always tried in crown court

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10
Q

indictable offences max fine

A

unlimited

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11
Q

indictable offences max prison sentence

A

life

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12
Q

indictable offences examples

A

s18 GBH , murder

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13
Q

reasons to why D can appeal their case if they don’t agree with the decisions

A

conviction
sentence
on a point of law

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14
Q

conviction as an appeal

A

where D is found guilty, they can ask another court if this is correct

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15
Q

on sentence as an appeal

A

where D believes the sentence is too harsh, this can be reconsidered
the appeal court will either increase, decrease or uphold the original sentence

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16
Q

on a point of law as an appeal

A

either P or D can challenge on a point of law where they believe the rules have not been correctly interpreted or scripted

17
Q

what sets out the aims of sentencing

A

s142 criminal justice act 2003 for those aged 18+

18
Q

aims of sentencing

A

retribution
incapacitation
deterrence
rehabilitation
reparation

19
Q

retribution

A

punishment of the offender

20
Q

reparation

A

compensating for the crime to the V by ordering D to pay V a sum of money

21
Q

rehabilitation

A

reform the offender and rehabilitate them into society

22
Q

incapatitation

A

incapable of reoffending eg electronic tagging

23
Q

deterrence

A

putting the D or other potential criminals off from reoffending

24
Q

2 types of factors that judges consider when sentencing

A

aggravating factors
mitigating factors

25
Q
A