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English Legal System > Criminal Justice > Flashcards

Criminal Justice Flashcards

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Proverbs and Idioms flashcards
1
Q

Appeal a summary offence

A

MC - CC by D for retrial against conviction or sentence- Divisional court by way of case stated by either party on point of law (errrd in law or extent of jurisdiction) - SC on point of law of general public importance

Or

MC - Divisional court by either party - SC

Or ask MC to reopen case

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2
Q

Appeal of indictable offence

A

CC - C of A - SC

By either D or P for all
SC - point of law of general public importance
CofA- leave to appeal from trial judge who thinks it is fit for appeal or C of A thinks it’s unsafe
On legal issues but C of A can hear new evidence in exceptional circumstances

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3
Q

Criminal case review commission

A

May refer a case to C of A when appeal decided or leave refused and there’s a real possibility that verdict with be overturned

Must be conviction, sentence for indictment offence or not guilty by reason for insanity

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4
Q

Att-gen reference

A

Intervene on sentence or point of law
Can refer point of law to C of A after acquittal
Opinion reached doesn’t affect acquittal
With leave of C of A can refer sentence by CC that they think is too light to quash it and impose harsher sentence

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5
Q

What are the consequences of non observance of police codes

A

Doesn’t give rise to civil or criminal liability
Evidence may be excluded
Disciplinary action may be taken

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6
Q

Full code test

A

Decide whether to charge
Public interest
Sufficient evidence for a realist prospect of conviction

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7
Q

Three methods of commencing prosecution

A

Laying of info before MC who summon D to attend court

Arrest and charge

Written charge and requisition requiring D to attend court

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8
Q

When can police charge without CPS authorisation

A

Summary offence
Either way if guilty plea or suitable for MC
CPS review to check full code test fulfilled

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9
Q

Overriding objective of criminal proceedure rules

A

Deal with cases justly

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10
Q

When is criminal evidence admissible

A

Relevant
Jury can place some weight on it
Not excluded

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11
Q

When is evidence relevant

A

Logically probative or disprobative of some matter which requires proof

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12
Q

Is bad character evidence admissible

A

Not generally but can be when:
All parties agree
Important explanatory evidence
Relevant to an important matter in issue between D and P ( unless makes proceedings unfair)
Substantive probative value in relation to an important matter in issue between D and Co D
Evidence is adduced by Ds question and intended to elicit it
Correct false impression given by D
D attacked another’s character (unless makes proceedings unfair )

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13
Q

What is D refuses to enter a plea

A

The court enters not guilty plea and proceeds to trial

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14
Q

How long must the jury retire for

A

Min two hours but good practice is 2hours 10mins

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15
Q

Can you have a judge only trial in CC

A

If P requests it due to jury tampering risk

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16
Q

What are the purposes and objectives of sentencing

A 
Punishment 
Reduction of crime/ deterrence
Reform and rehabilitation 
Protection of public 
Reparations to those affected
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17
Q

Is a sentence always passed immediately after conviction

A

It can be but can also be adjourned to obtain a pre sentence report to assist the decision

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18
Q

Max sentences at Crown court

A

3 years community service
Unlimited fines
Statutes set out max custodial sentences

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19
Q

Sentences at MC

A

3 years community service
6 months imprisonment or 12 months for two either ways
£5k fine

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20
Q

Bind over

A

Must refrain from certain behaviour for a period of time

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21
Q

Absolute discharge

A

No further action but get criminal record

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22
Q

Conditional discharge

A

May take further action if another offence within a period of time

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23
Q

How much of a custodial sentence is served in prison

A

Is serving 12 months + must be released on license after half of sentence

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24
Q

Steps for determining sentence

A

Offence category (culpability and harm)
Starting point and range (seriousness and mitigating factors)
Factors indicating reduction
Reduction for guilty plea
Dangerousness (life sentence to protect public for serious violent and sexual offences)
Totality principle - just and proportionate if multiple offence or already serving
Compensation and ancillary orders
Reasons
Time spent on bail - any reduction

25
Q

2 ways prosecutions begin

A

written summons then attend court

CPS charge D then appear at MC at first available opportunity

26
Q

progress of a summary case

A

P disclosure
D invited to enter plea at first hearing
trial (1 day)
sentence

27
Q

progress of an either way offence case

A

D invited to enter plea at first hearing
consider if trial should be MC or CC
MC set date for trial or CC have preliminary hearing
sentencing

28
Q

Can D get an indication of sentence when entering plea for an either way offence at MC

A

yes and then can void NG plea and enter guilty plea to be sentenced at MC.
if they continue to plead NG and stay at MC the indication becomes void

29
Q

progress of indictable offence

A

MC sends to CC at first opportunity

prepare timeline to trial

30
Q

5 principles of sentencing

A 
punishment 
reduction of crime
reform and rehabilitate 
protect public
making good to victims
31
Q

meaning of culpability

A

blameworthiness

32
Q

meaning of harm

A

impact on victim

33
Q

meaning of sentencing ladder

A

consider each punishment starting with lowest and only move up to a more serious one if lower one if not adaqaute. always impose the lowest appropriate punishment.

34
Q

when can a confession be retracted

A

if obtained through oppression or in circumstances making it unreliable.
burden on P to refuse unreliability
if not unreliable then it cannot be retracted

35
Q

can a confession be retracted if it was said to police? what if it was said to someone other than police?

A

same rules apply to both. can be retracted if obtained through oppression or due to something making it unreliable

36
Q

how to decide if evidence is admissible

A

is it fair to admit it? will be excluded if, on balance, it would render the proceedings unfair

37
Q

is the admissibility of evidence impacted by the lawfullness of the method of collection

A

no. admissibility is not about whether the evidence was obtained lawfully but whether admission would affect fairness of proceedings

38
Q

Can P appeal against a guilty verdict

A

no, only on a point of law

39
Q

What can D appeal against

A

sentence and conviction

40
Q

can a summary matter be appealed beyond crown court

A

no

41
Q

who will hear an appeal by D against conviction (summary)

A

judge and 2 magistrates

full rehearing with evidence

42
Q

who will hear an appeal by D against sentence (summary)

A

judge and 2 magistrates

43
Q

procedure for D to appeal against sentence (summary)

A

automatic right - no permission needed
file notice of appeal within 21 days of verdict
there will be a case management hearing

44
Q

who can appeal on a point of law

A

both D and P by way of case stated

45
Q

on what basis can P and D appeal on a point of law by way of case stated

A

error of law, ruling in excess of jurisdiction and / or insufficient evidence

46
Q

procedure for an appeal by way of case stated by D or P

A

apply within 21 days to MC
MC can reject it then apply to HC for mandatory order to hear it
2 judges review it
facts taken as established in lower court

47
Q

if an appeal by way of case stated is successful then is the decision of the lower court set aside

A

yes

48
Q

do you need leave to apply from CC to C of A

A

yes from lower court or C of A

49
Q

how long do you have to serve notice of appeal from CC to C of A

A

28 days from conviction or sentence

50
Q

is there a full rehearing when a case is appealed from CC to C of A

A

no but court may hear new evidence if it provides a basis for allowing an appeal

51
Q

criteria for appealing from CC to c of a

A

unsafe conviction (error in law, material irregularity, new evidence)
or
manifestly excessive sentence or sentence outside their powers

52
Q

what matters can the att-gen refer to C of A

A

a point of law following acquittal

unduly lenient sentence

53
Q

if att-gen refers a point of law to c of a following an acquittal does it alter the verdict of the original case

A

no it just clarifies law for future reference

54
Q

procedure to appeal to SC

A

permission requested from lower court or SC
28 days to apply for leave
either D or P can apply
lodge notice of appeal within 14 days of permission being granted

55
Q

criteria for appealing to SC

A

exceptional case of general public importance
court below must certify there is a point of law of general public importance and it must appear to lower court or SC that the point is one that ought to be considered for appeal

56
Q

who hears applications for leave to appeal to SC

A

heard by 3 judges on papers

57
Q

which cases are exempt from the requirement that to get leave to appeal to SC you must have lower court certify point of law of general public importance

A

habeaus corpus
contempt of court
appeals of declarations of incompatibility

58
Q

how long do you have to appeal to privy council

A

56 days

59
Q

can the lower court grant permission to appeal to privy council

A

not normally. only if case raises questions of great and general importance o a grave violation of natural justice

English Legal System (5 decks)

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