Criminal Justice System Flashcards
What are the 3 sources of law
- Common Law
- Statute Law
- Case Law
Define common law
The part of English law that is derived from custom and judicial precedent rather than statutes.
It has been around since medieval age and is now written into legislation and concerns crimes such as murder, manslaughter, common assault, etc
Define statute law
The body of principles and rules of law laid down by statute
Statute law is first proposed by gov and then becomes legilsation after being passed by House of Lords and Commons
Define Case Law
The law as established by the outcome of former cases
What does the R v Turnbull case state
States visual identification evidence must be specific to ensure is legitimate and accurate. Eg must state how long a witness or suspect was seen for and from what distance, etc
What are the 3 categories of offences
- Indictable
- Either way
- Summary
What is an indictable offence and where are they tried/judged
Most serious offences
Only ever go to Crown Court
4 examples of an indictable offence
Murder, manslaughter, rape, robbery
What is an either way offence and where is it tried/judges
Middle ground offences. Can be tried in either Court or Magistrates Court depending on severity of desired sentencing
3 examples of either way offences
Theft, burglery, majority of assaults
What is the maximum prnalty for theft
7 years imprisonment and/or an unlimited fine (Crown Court only)
What is the maximum sentence that can be issued by the magistrates’ court
6 months for a single offence.
12 months for multiple offences.
What is a summary crime and where is it tried/judged
Lowest level offence
Always magistrates’ court
What is the time limit for prosecuting summary offences
6 months
What is the time limit to prosecute indictable offences
No time limit.
Eg could be charged for a murder from 60 years ago
How do all Court Cases begin
With a preliminary/plea hearing in the magistrates’ court
Police Constable role in CJS
To find the truth and gather evidence
Why have different categories of offences (2 reasons)
- For sentencing (magistrate max 1 years sentence)
2. Some police powers not available for summary offeneces (eg power of entry)
What details are required for a person to be charged without being arrested
Name and address of a person
Give examples of an out of court disposal
Speeding ticket Community reparations FDN PDN Fines Cannabis warning
What is a voluntary attender
Summons to court/ agree to come back an be interviewed at a later time so no need to arrest
Must have name and address
What must a person be before can go to court
Charged
What is an arrest
Taking liberty and into custody. Removing contact w/ other so can get on w/ enquiries/investigation.
Removes them from causing further harm/crimss
What steps are taken once a person is taken into custody
- Investigation/ interview
Take statements and gather evidence and do searches, etc. - If have sufficient evidence to prosecute then can: charge/summons and then release on bail or keep in custody until next avaialable court
If not sufficient evidence to prosecute:
No further action or release under investigation or can release on bail w/ a return date and this bail can be conditional.
When can a person not be interviewed
If they are not sober
Who are the principal players in CJS
-Police (investigate and collect evidence)
Defence (defendant, legal rep and defence barrister(Crown Court only))
-Crown Prosecution Service solicitors and barristers
-Courts: Magistrates’/Youth/Crown/Appeal/Supreme Court
-Probation service
-Prison service
-Youth Offending teams
Is Crown Prosection Service a part of police
No, it is independent from the police
What 2 tests do Crown Prosecution Service apply to any case
Evidential and public interest test
Is there enough evidence to prosecute and is it in public interest to prosecute
What loopholes will defence look for
Did defendent recieve all rights
Did police follow all processes and procedures
Did use powers correctly and lawfully
What is bail
All those who are charged is bailed to court. Is a duty to appear before magistrates’ court or to attend a police station. Can be conditional
What are the 3 main bail periods police can authorise
- Initial bail period of 28 days- authorised by an inspector
- Extention to initial period, to 3 calander months from start bail date- authorised by superintendent
- Further 3 months extension, authorised by an Assistant Chief Constable for exceptionally complex cases
What things allow for bail to be refused
- Failure to appear at court
- To prevent further offences
- Prevent harm, loss or damage
- Prevent interference w/ jusitce (investigation) eg threatening witnesses
- If dont know name and/or address or is uncertain
- For their own protection (juveniles)
- Insufficient info to decide on the above.
Why may a defendant elecet for their either way offence to be tried at Crown Court
Often less harsh than magistrates
What may make magistrates’ court commit a case to Crown Court
If feel heavier sentence appropriate
Who are magistrated
Unpaid members of public, untrained. Normall 2-7 on jury. Appointed for life.
Who is present at a crown court
Judge
Barristers
Solicitors
Jury (12 public)
Forms of sentencing
- Custodial sentences
- Community sentences
- Financial penalties
- Discharges (absolute or conditional)
What is a discharge
Convicted but not charged
Examples of community sentences
Curfews
Tag
Reparation orders
Community service
Examples of custodial sentences
Prison
Young offenders institutes
Suspended sentences (eg 2 years in custody unless re-offend in 18 months)
Examples of financial penalties
Fines
Compensation orders
