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Midweek And Saturday Learning > Criminal Justice System > Flashcards

Criminal Justice System Flashcards

1
Q

What are the 3 sources of law

A
  1. Common Law
  2. Statute Law
  3. Case Law
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2
Q

Define common law

A

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

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3
Q

Define statute law

A

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

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4
Q

Define Case Law

A

The law as established by the outcome of former cases

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5
Q

What does the R v Turnbull case state

A

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

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6
Q

What are the 3 categories of offences

A
  1. Indictable
  2. Either way
  3. Summary
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7
Q

What is an indictable offence and where are they tried/judged

A

Most serious offences

Only ever go to Crown Court

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8
Q

4 examples of an indictable offence

A

Murder, manslaughter, rape, robbery

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9
Q

What is an either way offence and where is it tried/judges

A

Middle ground offences. Can be tried in either Court or Magistrates Court depending on severity of desired sentencing

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10
Q

3 examples of either way offences

A

Theft, burglery, majority of assaults

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11
Q

What is the maximum prnalty for theft

A

7 years imprisonment and/or an unlimited fine (Crown Court only)

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12
Q

What is the maximum sentence that can be issued by the magistrates’ court

A

6 months for a single offence.

12 months for multiple offences.

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13
Q

What is a summary crime and where is it tried/judged

A

Lowest level offence

Always magistrates’ court

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14
Q

What is the time limit for prosecuting summary offences

A

6 months

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15
Q

What is the time limit to prosecute indictable offences

A

No time limit.

Eg could be charged for a murder from 60 years ago

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16
Q

How do all Court Cases begin

A

With a preliminary/plea hearing in the magistrates’ court

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17
Q

Police Constable role in CJS

A

To find the truth and gather evidence

18
Q

Why have different categories of offences (2 reasons)

A
  1. For sentencing (magistrate max 1 years sentence)

2. Some police powers not available for summary offeneces (eg power of entry)

19
Q

What details are required for a person to be charged without being arrested

A

Name and address of a person

20
Q

Give examples of an out of court disposal

A 
Speeding ticket
Community reparations
FDN
PDN
Fines
Cannabis warning
21
Q

What is a voluntary attender

A

Summons to court/ agree to come back an be interviewed at a later time so no need to arrest
Must have name and address

22
Q

What must a person be before can go to court

A

Charged

23
Q

What is an arrest

A

Taking liberty and into custody. Removing contact w/ other so can get on w/ enquiries/investigation.
Removes them from causing further harm/crimss

24
Q

What steps are taken once a person is taken into custody

A
  1. Investigation/ interview
    Take statements and gather evidence and do searches, etc.
  2. 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.
25
Q

When can a person not be interviewed

A

If they are not sober

26
Q

Who are the principal players in CJS

A

-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

27
Q

Is Crown Prosection Service a part of police

A

No, it is independent from the police

28
Q

What 2 tests do Crown Prosecution Service apply to any case

A

Evidential and public interest test

Is there enough evidence to prosecute and is it in public interest to prosecute

29
Q

What loopholes will defence look for

A

Did defendent recieve all rights
Did police follow all processes and procedures
Did use powers correctly and lawfully

30
Q

What is bail

A

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

31
Q

What are the 3 main bail periods police can authorise

A
  • 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
32
Q

What things allow for bail to be refused

A
  1. Failure to appear at court
  2. To prevent further offences
  3. Prevent harm, loss or damage
  4. Prevent interference w/ jusitce (investigation) eg threatening witnesses
  5. If dont know name and/or address or is uncertain
  6. For their own protection (juveniles)
  7. Insufficient info to decide on the above.
33
Q

Why may a defendant elecet for their either way offence to be tried at Crown Court

A

Often less harsh than magistrates

34
Q

What may make magistrates’ court commit a case to Crown Court

A

If feel heavier sentence appropriate

35
Q

Who are magistrated

A

Unpaid members of public, untrained. Normall 2-7 on jury. Appointed for life.

36
Q

Who is present at a crown court

A

Judge
Barristers
Solicitors
Jury (12 public)

37
Q

Forms of sentencing

A
  1. Custodial sentences
  2. Community sentences
  3. Financial penalties
  4. Discharges (absolute or conditional)
38
Q

What is a discharge

A

Convicted but not charged

39
Q

Examples of community sentences

A

Curfews
Tag
Reparation orders
Community service

40
Q

Examples of custodial sentences

A

Prison
Young offenders institutes
Suspended sentences (eg 2 years in custody unless re-offend in 18 months)

41
Q

Examples of financial penalties

A

Fines

Compensation orders

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