Criminal Heirschy Flashcards

1
Q

Types of offences

A

Summary
Triable tiger way
Indictable

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2
Q

Leapfrog procedure

A

Justice act 1969
Bypass court of appeal to supreme

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3
Q

Appeals from magistrate

A

To crown
To crown then leapfrog
Right to rehearing In mags
Appeal to KBD by way of case stated - appeal on matter of law

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4
Q

Appeals from crown

A

To court of appeal criminal
Leap frog to supreme
kBD by way of case stated

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5
Q

What is by way of case state

A

Appeal on point of law
Challenges desicion/ application of law by lower court by inferior judge
I’m Kings bench division

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6
Q

Grounds for appeal

A

Errror in law - made per incurram
Miscarriage of justice
Jury nobbling
Procedural error
Judge failed to considered circumstances
Appeal sentence

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7
Q

Pre trail hearing in mags

A

Plea - guilty or not
Bail
Preliminary hearing —Check reasonable grounds of being accused - evidence, witness

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8
Q

What part of indictable and triable Rothesay offences are heard in mags

A

Pre trial - bail, guilty
Preliminary - reasonable grounds for being accused - witness evidence
Triable Either way
Mode of trail procedure - heard in mags or crown
- seriousness complexity D preference

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9
Q

Mode of trial hearing

A

Triable either way offences

Decide if heard in mags or crown
Complex, D preference , seriousness

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