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English Legal System > Criminal Justice & civil System: Week 4 > Flashcards

Criminal Justice & civil System: Week 4 Flashcards

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1
Q

What are the key elements of a criminal offense?

A

The key elements are Actus Reus (the guilty act) and Mens Rea (the guilty mind).

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2
Q

What is Actus Reus?

A

Actus Reus refers to the physical act or wrongful conduct involved in a criminal offense, such as an act causing harm or an omission to act where there is a duty to act.

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3
Q

What is Mens Rea?

A

Mens Rea refers to the mental state or intention of the defendant when committing a criminal act. It includes intention, recklessness, or knowledge.

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4
Q

What is the function of the Crown Prosecution Service (CPS) in the criminal justice system?

A

The CPS is responsible for prosecuting criminal cases investigated by the police and determining whether there is enough evidence to prosecute.

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5
Q

What are the three types of criminal offenses in England and Wales?

A
  1. Summary offenses (less serious, tried in Magistrates’ Court)
  2. Either way offenses (tried in either Magistrates’ Court or Crown Court)
  3. Indictable offenses (serious offenses tried in Crown Court).
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6
Q

What powers do the police have under the Police and Criminal Evidence Act 1984?

A

The police have powers to stop and search, arrest, detain, question suspects, and enter and search premises under certain conditions.

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7
Q

What is the rehabilitation model in criminal justice?

A

The rehabilitation model focuses on reforming offenders and preventing reoffending through treatment, education, or rehabilitation programs.

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8
Q

What is a conditional caution?

A

A conditional caution is a formal warning given to an offender under the condition that they meet specific requirements, such as community service or compensation to the victim.

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9
Q

What is the due process model of criminal justice?

A

The due process model emphasizes fairness and procedural safeguards to protect the rights of the accused, ensuring that the legal process is just

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10
Q

What is an Attorney General Reference?

A

This is when the Attorney General seeks the Court of Appeal’s opinion on a point of law in a criminal case, typically after an acquittal, to clarify the law without changing the case’s outcome.

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11
Q

What are the main purposes of sentencing under the Sentencing Act 2020?

A
  1. Punishment of offenders
  2. Reduction of crime
  3. Rehabilitation of offenders
  4. Protection of the public
  5. Reparation to victims.
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12
Q

What is a summary trial?

A

A summary trial deals with less serious offenses (summary offenses) and takes place in a Magistrates’ Court. It does not involve a jury, and the magistrate(s) or District Judge decides the case.

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13
Q

What are the three main types of courts in the criminal justice system?

A
  1. Magistrates’ Court: Deals with summary offenses and some either-way offenses.
  2. Crown Court: Handles serious (indictable) offenses and trials with juries.
  3. Court of Appeal (Criminal Division): Reviews appeals from the Crown Court regarding conviction or sentence.
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14
Q

What is meant by the term prosecution?

A

Prosecution refers to the legal proceedings initiated by the Crown Prosecution Service (CPS) or another body to bring a criminal charge against an individual or entity in court.

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15
Q

What is the burden of proof in criminal cases?

A

The prosecution carries the burden of proof and must prove the defendant’s guilt beyond a reasonable doubt. The defense does not have to prove innocence, only to raise reasonable doubt.

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16
Q

What is the role of the Magistrates’ Court?

A

The Magistrates’ Court handles summary offenses, either-way offenses, and conducts preliminary hearings for more serious crimes. Magistrates or District Judges decide guilt and sentencing for minor crimes.

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17
Q

What are either-way offenses?

A

Either way offenses can be tried in either the Magistrates’ Court or the Crown Court, depending on the seriousness of the case. Examples include theft and assault occasioning actual bodily harm (ABH).

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18
Q

What are the mitigating factors in sentencing?

A

Mitigating factors are circumstances that can lead to a lighter sentence, such as the offender’s lack of criminal history, early guilty plea, or evidence of remorse.

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19
Q

What are aggravating factors in sentencing?

A

Aggravating factors are circumstances that can lead to a harsher sentence, such as the use of violence, premeditation, or targeting vulnerable victims (e.g., children or elderly people).

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20
Q

What is the role of a Magistrate in the UK justice system?

A

Magistrates are volunteers who hear summary cases and either-way offenses, making decisions on guilt and sentencing without a jury in less serious cases.

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21
Q

What is the retributive theory of criminal justice?

A

Retributive theory focuses on punishing the offender because they deserve it. The punishment is proportionate to the crime, with a focus on moral justice rather than deterrence or rehabilitation.

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22
Q

What is the main principle behind deterrence theory?

A

Deterrence theory aims to prevent future crimes by imposing punishment. It operates on the idea that fear of punishment will deter individuals (specific deterrence) or society (general deterrence) from committing crimes.

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23
Q

Due process model

A

in which the primary social goal is said to be ‘justice’ and the emphasis is on fairness and the rules needed to protect the accused against error and the exercise of arbitrary
power

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24
Q

crime control model

A

in which the primary social goal is punishment, where the focus is on
ensuring that the police are able to obtain convictions in the courts

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25
Q

medical model

A

in which the emphasis is on the rehabilitation of the offender, giving decision- takers discretion to achieve this

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26
Q

restorative justice model

A

in which the emphasis is on getting the offender to recognize their responsibility in committing the offence and to make amends to the victim

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27
Q

Bureaucratic model

A

in which the emphasis is on the management of crime and the criminal and the efficient processing of offenders through the system

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28
Q

stage passage model

A

in which the emphasis is on the denunciation and degradation of the offender, involving a shaming of the offender, reflecting society’s views of the offender

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29
Q

power model

A

in which the emphasis is on the maintenance of a particular social/class order,
which reinforces the values of certain classes over others

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30
Q

What is the primary function of the civil justice system?

A

The civil justice system resolves disputes between individuals and organizations, covering cases like property rights, contract breaches, and negligence.

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31
Q

Define alternative dispute resolution (ADR).

A

ADR includes methods like mediation, arbitration, and negotiation to settle disputes outside of court, saving time and costs.

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32
Q

What is the purpose of Lord Woolf’s Access to Justice report (1996)?

A

The report aimed to reform the civil justice system to make it more accessible, faster, and cost-effective by encouraging settlement and simplifying procedures.

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33
Q

What are the Civil Procedure Rules (CPR) 1998?

A

Enacted following the Woolf Report, the CPR standardizes civil court procedures to improve clarity, efficiency, and accessibility in civil justice.

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34
Q

What are pre-action protocols?

A

Pre-action protocols set standards for conduct before a lawsuit, aiming to encourage settlement and information exchange to reduce court cases.

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35
Q

What are the three tracks for case allocation under the CPR?

A

Cases are allocated to:

  1. Small Claims Track – for claims up to £10,000.
  2. Fast Track – for cases worth between £10,000 and £25,000.
  3. Multi-Track – for complex cases, often over £25,000.
36
Q

What are Practice Directions in Civil Procedures?

A

Practice Directions provide guidelines on how to implement the Civil Procedure Rules effectively in various cases.

37
Q

Explain case management in civil proceedings.

A

Case management empowers judges to set timetables and oversee case progress, ensuring efficiency and proportionality in proceedings.

38
Q

What is the role of experts in civil litigation under the CPR?

A

Experts in civil cases are appointed to assist the court impartially and must prioritize the court’s needs over the instructing party’s interests.

39
Q

What is the overriding objective of the Civil Procedure Rules?

A

The overriding objective is to enable courts to deal with cases justly and efficiently, focusing on fair and proportionate case management.

40
Q

What is the County Court, and what types of cases does it handle?

A

The County Court handles most civil cases, including contract disputes, tort claims, land recovery, and small claims.

41
Q

Describe the High Court and its main divisions.

A

The High Court has three divisions:

  1. Queen’s Bench Division – handles contract and tort cases.
  2. Chancery Division – deals with equity, trusts, and intellectual property.
  3. Family Division – oversees family matters.
42
Q

What is the Business and Property Courts framework?

A

Established in 2017, these courts specialize in complex commercial and property cases, aiming to make England a global hub for business litigation.

43
Q

What types of cases are heard by the Commercial Court?

A

The Commercial Court handles international credit, shipping, insurance, and arbitration-related cases.

44
Q

What are the three primary methods of enforcing judgments in civil courts?

A
  1. Attachment of earnings – deducts payments from a debtor’s wages.
  2. Charging orders – secures debt against property.
  3. Writ of control – allows seizure of goods to satisfy debt.
45
Q

What are the incentives for settling civil cases outside court?

A

Incentives include lower costs, the unpredictability of trial outcomes, and potential cost penalties if a settlement offer is rejected but the court awards less.

46
Q

What reforms did Lord Justice Briggs recommend in his review?

A

Briggs recommended an online court system for simple civil claims and restructuring to make the civil justice system more user-friendly and accessible.

47
Q

What is judicial review, and in which court division is it handled?

A

Judicial review, overseen by the Queen’s Bench Division, assesses the legality of actions by public bodies, ensuring decisions comply with the law.

48
Q

What impact did the COVID-19 pandemic have on the civil justice system?

A

COVID-19 accelerated the use of online hearings and digital case management as part of the court’s Transformation Programme to maintain access to justice.

49
Q

What is the “compensation culture” debate in civil justice?

A

The “compensation culture” debate questions whether the public is too eager to seek compensation in court. Supporters say it reflects empowerment, while critics argue it overburdens the justice system and promotes risk-aversion.

50
Q

Why is government involvement essential in providing a civil justice system?

A

Government provision ensures:

  1. Common Law Development – Judges can evolve common law.
  2. Statutory Interpretation – Courts interpret complex statutes.
  3. Human Rights Compliance – Article 6 ECHR requires fair trials in civil cases.
51
Q

How has the UK government managed financing of the civil justice system?

A

To cover costs, the government has increased fees for high-value claims (up to £10,000), while providing fee remissions for lower-income claimants, balancing accessibility and financial sustainability.

52
Q

What were the key reforms introduced by Lord Woolf’s, Jackson’s, and Briggs’s reviews?

A

Woolf (1996): Made civil justice more accessible and encouraged settlement.
Jackson (2010): Focused on controlling litigation costs.
Briggs (2016): Proposed online courts to improve access.

53
Q

What is the role of judicial case management in civil cases?

A

Judges actively control case timelines and procedures to reduce delays and costs, promoting efficient and fair case handling across courts.

54
Q

What are the Business and Property Courts?

A

Established in 2017, these specialized courts handle complex commercial disputes with expertise, maintaining London’s reputation as a hub for international legal resolution.

55
Q

What are some common methods of enforcing civil judgments?

A

Enforcement methods include:

  1. Attachment of Earnings – Withholding part of a debtor’s wages.
  2. Charging Orders – Securing debt against property.
  3. Writ of Control – Seizing goods for debt satisfaction.
56
Q

What incentives encourage settlement outside of court in civil cases?

A

Incentives include lower legal costs, risk of cost penalties if rejecting reasonable offers, and the unpredictability of trial outcomes, which can make out-of-court settlement more appealing.

57
Q

What is the role of the Court of Protection?

A

The Court of Protection handles cases for people lacking mental capacity, including financial and welfare decisions, and appoints deputies to manage ongoing decisions.

58
Q

What did Lord Justice Briggs propose to modernize civil justice?

A

Briggs proposed an online court system for simple civil claims and restructuring the courts to make civil justice more accessible and efficient.

59
Q

What is judicial review, and which division handles it?

A

Judicial review assesses the legality of public body decisions to ensure compliance with the law. It’s handled by the Queen’s Bench Division.

60
Q

How did COVID-19 affect the civil justice system?

A

The pandemic accelerated the use of online hearings and digital case management under the Transformation Programme, enhancing accessibility and system resilience.

61
Q

What is the main purpose of the criminal justice system?

A

The criminal justice system enforces criminal law to regulate behavior, maintain law and order, ensure public safety, and protect individual rights.

62
Q

What are the key stages in the criminal justice process?

A

The process is divided into:

  1. Pre-trial stages (police investigation, arrest, evidence gathering)
  2. Trial and sentencing (court proceedings and sentencing decisions)
  3. Post-trial stages (appeals, parole, and criminal cases review).
63
Q

Name the main agencies involved in the criminal justice system.

A

Agencies include the police, Crown Prosecution Service (CPS), Serious Fraud Office, National Crime Agency, HM Prisons and Probation Service, and various victim support services.

64
Q

What powers do the police have under the Police and Criminal Evidence Act (PACE) 1984

A

Key powers include stop and search, arrest, detention and questioning, and entering and searching premises.

65
Q

What is required for police to conduct a stop and search under PACE?

A

Police must have reasonable grounds for suspecting someone of carrying stolen goods, weapons, or other illicit items.

66
Q

What is the Code for Crown Prosecutors?

A

This code guides CPS prosecutors in deciding whether to pursue a case, based on two tests: the evidential test (sufficient evidence for a realistic conviction) and the public interest test.

67
Q

What is the role of the Crown Prosecution Service (CPS)?

A

The CPS reviews evidence, decides whether cases proceed to court, and conducts prosecutions. It operates independently to ensure fairness in the prosecution process.

68
Q

What impact did austerity measures have on the criminal justice system?

A

Budget cuts affected police resources, the prison and probation services, and criminal legal aid, leading to operational challenges and a perceived decline in justice efficiency.

69
Q

What is the criminal justice system?

A

The system of institutions and processes responsible for the enforcement of criminal laws, dealing with crime, apprehending offenders, and ensuring justice for victims.

70
Q

What are the main institutions in the criminal justice system in England and Wales?

A

The key institutions include the police (law enforcement), the Crown Prosecution Service (CPS), HM & Tribunal Services criminal courts (Magistrates’ Court, Crown Court), and correctional facilities (prisons and parole boards), The Home office, the ministry of Justice, and the General’s office .

71
Q

What are the main theories of criminal justice?

A

Theories of criminal justice include retributive justice (punishing offenders for wrongdoing), rehabilitative justice (aiming to reform offenders), and restorative justice (focusing on repairing harm caused by crime through reconciliation between victims and offenders).

72
Q

What happens during the pre-trial stage in criminal justice?

A

The pre-trial stage involves reporting the crime, investigating the incident, charging the defendant, and prosecuting the case through the Crown Prosecution Service (CPS).

73
Q

What happens during the trial stage in criminal justice?

A

The trial stage includes the criminal courts (Magistrates’ or Crown Court), the defendant’s plea, determining guilt through evidence and arguments, sentencing the defendant if guilty, and providing avenues for appeals.

74
Q

What happens during the post-trial stage in criminal justice?

A

The post-trial stage involves serving a sentence in prison, the possibility of parole (conditional release before the full sentence is completed), and efforts for rehabilitation and reintegration into society.

75
Q

Why is the criminal justice system in crisis?

A

The system is facing challenges such as overburdened courts, delays in trials, a growing prison population, issues with rehabilitation, and concerns over fairness and efficiency in delivering justice.

76
Q

The Offender Rehabilitation Act 2014

A

provided that every offender
released from custody would receive statutory supervision and
rehabilitation in the community and created the National Probation Service
After the trial

77
Q

What is the Civil Justice System?

A

The civil justice system deals with non-criminal disputes between individuals, organizations, or government bodies, typically involving issues like contracts, torts, property, and family law.

78
Q

What is the structure of the civil courts in England and Wales?

A

The civil court structure includes:

County Court (for less complex claims)
High Court (for more complex claims, with divisions such as Queen’s Bench, Chancery, and Family)
Court of Appeal (for appeals)
Supreme Court (for final appeals).

79
Q

What challenges exist regarding access to civil justice?

A

Issues include high legal costs, complex procedures, limited legal aid, and long delays in court proceedings, which may make it difficult for individuals to seek justice.

80
Q

What was the Woolf Review and its reforms?

A

The Woolf Review (1996) was a critical examination of the civil justice system, leading to reforms aimed at improving efficiency, reducing costs, and ensuring quicker access to justice, including the introduction of the Civil Procedure Rules (CPR).

81
Q

What are the Civil Procedure Rules (CPR) and the overriding objective?

A

The CPR are rules that govern civil proceedings, aiming to ensure fair, quick, and inexpensive resolution of disputes. The overriding objective is to enable the court to deal with cases justly, ensuring fairness and efficiency.

82
Q

What is case management in the civil justice system?

A

Case management involves the court’s active role in overseeing and directing the progress of a case, including setting timelines, scheduling hearings, and ensuring that cases are dealt with promptly.

83
Q

What is Alternative Dispute Resolution (ADR)?

A

ADR refers to methods of resolving disputes outside of court, including mediation (neutral third party helps parties reach an agreement), arbitration (a third party makes a binding decision), and negotiation (parties reach a settlement directly).

84
Q

What is the 4-track system in the civil justice system?

A

A: The 4-track system categorizes civil claims based on their complexity and value:

Small Claims Track (up to £10,000)
Fast Track (up to £25,000, more complex than small claims)
Multi-Track (claims over £25,000 or complex cases)
Case management and trial settings vary by track.

85
Q

What are costs in the civil justice system?

A

The costs involve fees for bringing a claim, legal representation, and other expenses. Typically, the losing party pays the winning party’s legal costs, though exceptions may apply.

English Legal System (5 decks)

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