Criminal courts and Lay people Flashcards

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1
Q

To which court does D have the possibility of appealing against a sentence imposed by the Crown court?

A

Court of Appeal (criminal division)

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2
Q

Which one of the following aims of sentences involves getting his or her ‘just deserts’?

A

Retribution

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3
Q

In which case did the jury use an unreliable means of reaching a verdict?

A

R v Young

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4
Q

Which statute allows the court of appeal to quash a conviction if it is unsafe?

A

Criminal Appeal Act 1995

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5
Q

Explain how it is decided which court an either way offence offence will be heard if D doesn’t plead guilty?

A
  • Magistrates work out most appropriate court to allocate the case for a trial
  • Hear arguments from prosecution and defence, together with any relevant previous convictions
  • Usually heard in Magistrates court unless the courts sentencing powers are insufficient
  • If it isn’t suitable in Magistrates it will be allocated to the Crown court for trial
  • If magistrates are prepared to hear the case, D is given a choice of trial court. An indication of the likely sentence will be given to help him or her to decide.
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