Criminal Justice System Flashcards
What is an indictable offence?
An offence which can be tried by a jury
What is an indictable-only offence?
An offence that can only be tried at a crown court
What is an either-way offence?
Can be heard at either Magistrate’s or Crown court. E.g. Theft, actual bodily harm
What is a summary offence.
Tried by magistrate. Less severe punishments
What is common law?
Law that has always existed, before being written e.g. murder
What is statute law?
Act of parliament
What is case law?
Something that has gone to court but isn’t as straightforward as it sounds - has brought about new law/defences.
What is Actus Reus?
A persons actions, or lack of.
What is Mens Rea?
State of mind
Offences taken into consideration
- Defendant must request.
- Must be applicable to current case.
- May get lesser sentence than if tried individually.
- Gives defendant clean slate.
- Shows pattern of behaviour.
Absolute discharge
Believed that going to court is enough of a deterrent.
Conditional discharge
stays on record for up to 3 years - if return for another offence, would be charge for original and new offence.
What is a suspended sentence?
- Defendant doesn’t have to go to prison during the outlined time.
- Must adhere to conditions.
- If they comply - sentence dismissed.
- Maximum 2 years.
