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Criminal Law - Paper 1 > Criminal Courts And Lay People > Flashcards

Criminal Courts And Lay People Flashcards

1
Q

What is the role of the court when D pleads not guilty?

A

To try the case and decide if D is guilty or not guilty, the burden of proof is on the prosecution to prove the case beyond reasonable doubt

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2
Q

Which courts hear criminal trials?

A

Magistrates Court or Crown Court

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3
Q

When D has appealed from the Magistrates Court what can the Crown Court do to the conviction or sentence?

A

Confirm, reverse or vary the conviction and confirm, increase or decrease the sentence

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4
Q

What is a case stated Appeal?

A

When D appeals from the Magistrates Court to the Queens Bench Divisional Court who have to decide on whether or not the magistrates have made the correct decision on the law

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5
Q

What can the QBDC do to the case stated appeal?

A

Confirm, vary or reverse the decision or remit the case to Magistrates Court to implement their decision

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6
Q

Which act allows D to appeal from the Crown Court to the Court of Appeal?

A

Criminal Appeal Act 1995

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7
Q

What can the Court of Appeal do if they decide the conviction is unsafe?

A
  • allow the Appeal
  • quash the conviction
  • vary the conviction
  • order a retrial
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8
Q

When can D Appeal to the Supreme Court?

A

When the case involves a point of law of general public importance and permission is needed

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9
Q

What does the right to appeal make sure of?

A

That an error of law by the trial judge does not lead to an acquittal

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10
Q

What is the first circumstance in which prosecution can appeal to the Court of Appeal?

A

If the judge in the Crown Court gives a ruling on a point of law which effectively stops the case against D

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11
Q

When can prosecution appeal to the Court of Appeal against an acquittal by a jury?

A
  • when the jury have been nobbled

* double jeopardy

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12
Q

What acts allows the double jeopardy rule?

A

Criminal Justice Act 2003

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13
Q

What is the double jeopardy rule?

A

When there is new and compelling evidence of the acquitted D’s guilt and it is in the public interest for D to be retried. It is only available for very serious crimes such as murder, rape and terrorism offences

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14
Q

When does the Criminal Justice Act 1972 say the prosecution can appeal?

A

Where the judge may have made an error in explaining the law to the jury, the prosecution have the right to refer that point of law to the Court of Appeal if D is acquitted

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15
Q

When is an Attorney-General’s Reference made?

A

When the decision of the Court of Appeal doesn’t affect the previous acquittal of a lower court but it creates a precedent instead

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16
Q

What can the Attorney-General do?

A

Refer an unduly lenient sentence to the Court of Appeal for re-sentencing

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17
Q

What are summary offences?

A

Minor crimes

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18
Q

What is an example of a summary offence?

A

Assault

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19
Q

Where are summary offences tried?

A

Magistrates Court

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20
Q

What are indictable offences?

A

Serious crimes

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21
Q

What is an example of an indictable offence?

A

Murder

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22
Q

Where are indictable offences tried?

A

Crown Court

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23
Q

What are either way offences?

A

Middle range offences which can vary in the degree of harm caused

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24
Q

What is an example of an either way offence?

A

Theft

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25
Q

Where are either way offences tried?

A

Magistrates Court or Crown Court

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26
Q

What are Custodial sentences?

A

The most severe form of punishment and involve imprisonment, either immediate or suspended

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27
Q

What is a suspended sentence?

A

When the prison sentence is not activated unless the offender commits a further offence

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28
Q

What is the only sentence available for murder?

A

Mandatory life sentence

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29
Q

What can the judge do when sentencing a mandatory life sentence?

A

The judge is allowed to state the minimum number of years imprisonment that the offender must serve before being eligible for release on license

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30
Q

What is a discretionary life sentence?

A

Where the maximum sentence is life imprisonment but the court can give a lesser sentence where appropriate

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31
Q

What is an example of a crime which carries a discretionary life sentence?

A

Robbery

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32
Q

What is a fixed term prison sentence?

A

A term of imprisonment for a set number of months or years

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33
Q

What is the maximum sentence the Magistrates Court can give?

A

6 months

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34
Q

What is the maximum sentence a Crown Court can give?

A

The maximum that’s allowed by Parliament

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35
Q

What did the Criminal Justice Act 2003 create?

A

Community order

36
Q

What is the purpose of a community order?

A

To punish and reform the offender

37
Q

What are examples of community orders?

A
  • unpaid work
  • alcohol/drug treatment
  • supervision
  • curfew
38
Q

How many hours of unpaid work contributes to a community order?

A

40-300 hours over a year

39
Q

What is the supervision requirement under a community order?

A

The offender is placed under regular supervision of a probation officer for a period of up to 3 years

40
Q

What is the curfew requirement under a community order?

A

The offender must remained at a fixed address for between 2-16 in a 24 hour period for a maximum of 6 months and they are electronically tagged

41
Q

What are financial sentences?

A
  • a fine paid to the state

* a compensation order paid to the victim

42
Q

What are discharges?

A

The least serious sentences for first time offenders in the Magistrates Court

43
Q

What is a conditional discharge?

A

Where if the offender commits a further offence in the stated period then they can be resentenced for the original offence

44
Q

What is an absolute discharge?

A

No real penalty is imposed as the offender is technically guilty but morally blameless

45
Q

Where are the aims of sentencing set out?

A

Section 142 of the Criminal Justice Act 2003

46
Q

What are the five aims of sentencing?

A
  • punishment/retribution
  • reduction of crime/deterrence
  • protection of the public
  • reform/rehabilitate
  • reparation
47
Q

Why is retribution an aim of sentencing?

A

If someone has broken the criminal law they should be punished and get their ‘just deserts’

48
Q

What is individual deterrence?

A

Offenders are deterred from reoffending due to the fear of the consequences

49
Q

What is general deterrence?

A

Other people are deterred from offending because they don’t want the same fate

50
Q

Why are sentences important for protection of the public?

A

It makes the offender incapable of committing further crime

51
Q

What does reforming and rehabilitating an offender involve?

A

Help to alter the offenders behaviour so that he won’t reoffend

52
Q

What does reparations do?

A

Ensure that the offender makes amends

53
Q

What are the factors in sentencing?

A
  • maximum allowed by parliament
  • maximum sentencing powers of the court
  • aggravating factors
  • mitigating factors
  • aims of sentencing
  • sentencing guidelines
54
Q

What are aggravating factors?

A

Circumstances which allow the court to impose a more severe sentence

55
Q

What are examples of aggravating factors?

A
  • previous convictions
  • premeditated
  • unprovoked
  • racist/religious hostility
  • against a vulnerable victim
  • use of a weapon
  • part of a group
  • under the influence of drugs/alcohol
56
Q

What are mitigating factors?

A

Circumstances which allow the court to impose a lower sentence

57
Q

What are examples of mitigating factors?

A
  • no previous convictions
  • mental/physical illness
  • shown genuine remorse
  • cooperated with the police
  • provoked
  • pleaded guilty at first opportunity
58
Q

What is a tariff?

A

The sentence appropriate for the average example of the offence

59
Q

What do Magistrates do?

A
  • try all summary offences
  • decide sentences
  • deal with the first hearing of all indictable offences
  • issue an arrest or search warrant
  • extend period of detention of a suspect
  • decide on bail
60
Q

What do specially trained magistrates do?

A
  • sir in youth courts
  • hear cases on family issues
  • sit in the Crown Court when a case is on appeal
  • deal with the plea before venue and allocation procedure
61
Q

What happens if D pleads guilty at the plea before venue and allocation procedure?

A

Magistrates must decide whether their sentencing powers are sufficient to sentence D or whether the case should be committees to the Crown Court for sentencing

62
Q

What happens if D pleads not guilty at the plea before venue and allocation procedure?

A

Magistrates must work out the most appropriate court to allocate the case for trial. They will hear arguments from both prosecution and defence.

63
Q

What happens in a trial at a Magistrates Court?

A

Three Magistrates will hear the case and decide on guilt or innocence

64
Q

What is every bench of magistrates assisted by?

A

A legal advisor

65
Q

How many days do lay magistrates work for?

A

13

66
Q

Which offences do juries try?

A

Indictable and either way in the Crown Court

67
Q

What do juries listen to?

A
  • arguments from prosecution and defence
  • cross-examination of witnesses
  • closing speeches
  • judges summing up
68
Q

How many jurors are on a panel?

A

12

69
Q

What do the jury do after hearing the case?

A

Retire to the jury room to have a secret discussion and decide what the facts of the case are and then apply the law to those facts to decide on guilt or innocence

70
Q

Where are the basic qualifications for jury service set out?

A

In the Juries Act 1974

71
Q

When is a person eligible for jury service?

A
  • between age 18-75
  • on the electoral register
  • lived in the Uk for at least 5 years from the age of 13
72
Q

When is someone ineligible for jury service?

A
  • currently on bail
  • recent/serious conviction
  • mentally disordered
73
Q

When can someone have their jury service deferred for a good reason?

A
  • serving in the armed forces
  • ill health
  • if they know the victim/D/witnesses
74
Q

When can a judge discharge a person from being a juror?

A

If the lack the capacity to cope with the trial

75
Q

What did the Criminal Justice Act 2003change in relation to jurors?

A

Lawyers, judges and police officers are now eligible for jury service so that there’s a wider pool of people eligible

76
Q

What did the case Hanif V United Kingdom say?

A

That having a police officer on the jury was a breach of the right to a fair trial

77
Q

What are the advantages of juries?

A
  • tried by peers
  • democratic
  • helps keep law clearer
  • can decide on fairness rather than strict law
  • free from pressure
  • impartial
78
Q

What are the disadvantages of juries?

A
  • decision reached in secret
  • unpredictable
  • make case longer/more expensive
  • verdicts may not be justified
  • media coverage may influence their decision on high profile cases
79
Q

What does Ponting’s Case say?

A

Juries decide on fairness rather than strict law

80
Q

What happened in Ponting’s Case?

A

A civil servant leaked information on the sinking of an enemy ship in the Falklands but the jury believes he acted in the public interest so they acquitted him

81
Q

What does the case R V Randle and Pottle say?

A

The jury can ignore the law and make unjustified verdicts

82
Q

What happened in R V Randle and Pottle?

A

Ds were charged with helping a soviet spy escape from prison and the jury acquitted them

83
Q

What does the case R V Young say?

A

The jury use unreliable ways of coming to a decision

84
Q

What happened in R V Young?

A

The jury used a ouija board to try contact the victims of a murder

85
Q

What does the case R V West say?

A

Media coverage may influence a jury’s decision in a high profile case

Criminal Law - Paper 1 (12 decks)

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