Criminal Justice Process Flashcards
How does the criminal justice process begin?
A) The defendant enters a plea directly in the Crown Court
B) The defendant is arrested or issued a written charge and requisition
C) The prosecution submits a case to the Supreme Court
D) The magistrates’ court issues an automatic conviction
B) The defendant is arrested or issued a written charge and requisition
On what basis can the police arrest a person?
A) A personal belief that the person is guilty
B) Reasonable grounds for suspecting involvement in a criminal offence
C) The defendant’s refusal to attend a voluntary interview
D) The request of a private individual
B) Reasonable grounds for suspecting involvement in a criminal offence
What legislation governs the conduct of the police during an investigation?
A) Criminal Justice Act 2003
B) Police and Criminal Evidence Act (PACE) 1984
C) Magistrates’ Courts Act 1980
D) Human Rights Act 1998
B) Police and Criminal Evidence Act (PACE) 1984
What happens after a police investigation is concluded?
A) The suspect is always charged with an offence
B) The case is reviewed and either no further action is taken, or the suspect is charged
C) The case is sent directly to the Supreme Court
D) The suspect automatically receives legal aid
B) The case is reviewed and either no further action is taken, or the suspect is charged
What is a written charge and requisition?
A) A method of compelling a person to attend court without arrest
B) A police officer’s decision to prosecute a case
C) A mandatory requirement for all criminal cases
D) A request made by a private individual to charge a defendant
A) A method of compelling a person to attend court without arrest
Which body prosecutes most criminal cases in England and Wales?
A) The Supreme Court
B) The Crown Prosecution Service (CPS)
C) The defendant’s solicitor
D) The House of Lords
B) The Crown Prosecution Service (CPS)
When does a defendant enter a plea?
A) At the end of the trial
B) At their first hearing or a subsequent hearing
C) Only in the Crown Court
D) Only if the prosecution requires it
B) At their first hearing or a subsequent hearing
What happens if a defendant pleads guilty?
A) The court proceeds directly to sentencing
B) A trial is automatically scheduled
C) The prosecution drops the case
D) The case is referred to the Court of Appeal
A) The court proceeds directly to sentencing
What is the prosecution’s role in a criminal trial?
A) To defend the accused
B) To prove the defendant committed the offence
C) To ensure the defendant pleads guilty
D) To issue a sentence
B) To prove the defendant committed the offence
What happens if a defendant is found not guilty?
A) They are acquitted and free to go
B) They must pay a fine
C) They are automatically retried
D) The case is sent to the Supreme Court
A) They are acquitted and free to go
When must a defendant be sentenced?
A) If they are found guilty or plead guilty
B) If they request it
C) If the trial is delayed
D) Only if they are charged with an indictable-only offence
A) If they are found guilty or plead guilty
If a defendant pleads guilty at their first court hearing, what happens next?
A) The case goes to trial
B) The court moves directly to sentencing
C) The prosecution must still present its case
D) The defendant is immediately released
B) The court moves directly to sentencing
What happens if a defendant pleads not guilty?
A) The court immediately dismisses the case
B) A trial takes place to determine their guilt or innocence
C) The defendant must pay a fine before trial
D) The defendant is automatically remanded in custody
B) A trial takes place to determine their guilt or innocence
A defendant is arrested and charged with an offence. At their first court appearance, they plead guilty. What happens next?
A) The trial proceeds to determine their guilt
B) The court moves directly to sentencing
C) The case is dismissed
D) The defendant is automatically allowed to appeal
B) The court moves directly to sentencing
A defendant is charged with a regulatory offence (e.g., an environmental protection violation). Instead of being arrested, they receive a written notice requiring them to attend court. What is this process called?
A) Conditional discharge
B) Written charge and requisition
C) Sentencing order
D) Indictable-only hearing
B) Written charge and requisition
Who are ‘litigants in person’?
A) People who act as their own legal representatives
B) Defendants who receive public funding
C) Solicitors representing themselves
D) Prosecutors working on behalf of victims
A) People who act as their own legal representatives
How can a defendant fund their legal defence?
A) Public funding (legal aid) or private funding
B) Only through public funding
C) Only through private funding
D) Through donations from the prosecution
A) Public funding (legal aid) or private funding
When can the Supreme Court hear a criminal appeal?
A) When the defendant is unhappy with their sentence
B) Only when a point of general public importance is raised
C) When the prosecution disagrees with a verdict
D) Whenever a trial court decision is challenged
B) Only when a point of general public importance is raised
What is required for an appeal from the Crown Court to the Court of Appeal?
A) Leave (permission) to appeal and valid grounds
B) Automatic review by a higher court
C) A request from the police
D) A personal request from the defendant
A) Leave (permission) to appeal and valid grounds
Who can appeal a conviction or sentence?
A) The prosecution only
B) The defendant only
C) The defendant and, in some cases, the prosecution
D) The victim of the crime
C) The defendant and, in some cases, the prosecution
Which factor determines the type of sentence a court can impose?
A) The seniority of the court hearing the case
B) The defendant’s personal opinion
C) The defendant’s legal representation
D) The amount of legal aid available
A) The seniority of the court hearing the case
If a defendant is found guilty, what is the next step?
A) The court sentences them
B) The trial begins
C) The prosecution must approve the sentence
D) The case is automatically appealed
A) The court sentences them
A defendant pleads guilty at the magistrates’ court and is sentenced to six months in prison. They believe the sentence is too harsh. What is the appropriate next step?
A) Appeal against the sentence to the Crown Court
B) Appeal to the Supreme Court immediately
C) Request a retrial at the magistrates’ court
D) Apply for a written charge and requisition
A) Appeal against the sentence to the Crown Court
A suspect is arrested for a serious offence, but the police decide to release them without charge. Later, the Crown Prosecution Service (CPS) reviews the evidence and decides to prosecute. What is the most likely way the suspect will be required to attend court?
A) They will receive a written charge and requisition
B) They will be re-arrested and taken straight to trial
C) They will automatically be found guilty
D) They must voluntarily turn themselves in before trial
A) They will receive a written charge and requisition
A defendant is charged with theft, an either-way offence. At their first court appearance in the magistrates’ court, they are asked to enter a plea. If they plead not guilty, what happens next?
A) The case is automatically sent to the Crown Court for trial
B) The magistrates’ court decides whether to retain the case or send it to the Crown Court
C) The defendant is sentenced immediately
D) The prosecution is required to drop the case
B) The magistrates’ court decides whether to retain the case or send it to the Crown Court
