Criminal Courts & Lay People (Paper 1) Flashcards

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1
Q

The two criminal trial courts

A

Magistrates’ and Crown Court

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2
Q

Three types of criminal offence

A

Summary, triable either way, indictable

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3
Q

Summary offences

A

Least serious offences, only tried in the Magistrates’ Court. Maximum fine is £5,000, and maximum sentence is 6 months in prison. Examples include speeding and common assault

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4
Q

Triable either way offences

A

Medium serious offences, tried in either the Magistrates or Crown Court. Magistrates will send case to the Crown Court if it is too serious for them, or D will be asked which court they would like the trial to be heard with. Examples include section 20 GBH and theft

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5
Q

Indictable offences

A

Most serious offences, only dealt with by the Crown Court. Maximum fine is unlimited and maximum prison sentence is life. Examples include murder and s 18 GBH

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6
Q

Role of Magistrates

A

Try all summary cases, try some triable either way cases, deal with the first hearing for all indictable offences, deal with side issues connected to criminal cases, such as issuing arrest warrants and checking bail applications

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7
Q

Three reasons why there may be an appeal

A

On conviction, sentence, or a point of law

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8
Q

Act of Parliament which sets out the aims of sentencing

A

Section 142 Criminal Justice Act 2003

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9
Q

The aims of sentencing

A

Retribution, incapacitation, deterrence, rehabilitation, reparation

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10
Q

Factors behind sentencing

A

Aggravating and mitigating factors

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11
Q

Aggravating factors

A

Make the sentence more severe

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12
Q

Mitigating factors

A

May lessen the sentence

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13
Q

Types of sentences

A

Custodial, community, fines, discharges

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14
Q

Role of juries

A

Sit in the Crown Court, only try about 1% of cases, listen to the evidence, reach a verdict

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15
Q

Advantages of juries

A

Jury equity, panel of 12, cheap

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16
Q

Disadvantages of juries

A

Racial composition and bias, media influence, fraud trials