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Criminal Justice System Flashcards

1
Q

Which type of offences are there?

A

Indictable offences - most serious Either way offences - depends how serious can be sent to crown/magistrates Summary offences - least serious

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2
Q

Indictable offences

A

These are murder, rape and GBH s.18 (Crown Court only)

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3
Q

Either way offences

A

These are theft, criminal damage, ABH and GBH s.20 (can be sent to crown or magistrate depending on how serious/complicated they are)

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4
Q

Summary offences

A

These can be parking offences, assault, battery and litter (Magistrates only)

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5
Q

Who decides what charge and then whether to prosecute?

A

CPS (Crown Prosecution Service)

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6
Q

What is a charge?

A

To formally accuse someone of a crime, usually by the police

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7
Q

What does prosecute mean?

A

To take legal action against someone in court to prove they committed a crime

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8
Q

What is the Court of First Instance?

A

The court where a case is initially heard first eg. Magistrates’ Court or Crown Court, depending on the offence

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9
Q

Who decides if the defendant is guilty in the Crown Court?

A

The jury decides guilt, while the judges ensures the trial follows legal procedures.

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10
Q

How many Magistrates sit on a panel?

A

Three lay Magistrates sit on a panel

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11
Q

Who does the decision of prosecution lie with?

A

The Crown Prosecution Service (CPS) decides whether to prosecute

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12
Q

What is a early administrative hearing?

A

A preliminary hearing in the Magistrate’s Court to deal with administrative matters, such as setting a trial date or determining bail. (Which speeds up judicial process)

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13
Q

What do the Magistrates Court deal with?

A

Minor offences

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14
Q

Do magistrates get paid?

A

No, they are unpaid, part-time volunteers

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15
Q

Do Magistrates need knowledge for cases?

A

No, they have little or no legal knowledge or training

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16
Q

District Judges

A

Also sit in the Magistrates’ courts These are fully qualified, full time paid Magistrate judges. They have the same role as a Magistrate but do not require a clerk

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17
Q

Magistrates’ Jurisdiction in Summary offences

A

Only summary offences or non serious either way offences that are being tried summarily are dealt with by Magistrates.Can give max 6 months imprisonment (or 1 year for 2 summary offences)Max £5000 fine (although it can be unlimited for certain offences under s.85 Legal Aid, Sentencing and Punishment of Offenders Act 2012)

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18
Q

Sentencing in Magistrates for summary offences

A

Before sentencing those who have been convicted of a criminal offence, the Magistrates or the Judge have to consider a range of different factors regarding the offence and the offender.
Often a pre-sentence report will be prepared by the Probation Service that will help with the decision to impose the most appropriate sentence for this particular offender.

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19
Q

Magistrates’ Jurisdiction in Indictable offences

A

For an indictable offer that mags MUST transfer to crown court as it is beyond their jurisdiction.Mags usually can only check if CPS are ready to proceed, check all evidence/ paper work, grant bail in some cases and grant legal aid - This is the Early Administrative Hearing Mags will not ask D if he will plead guilty or not - they will just transfer to Crown; called Transfer Proceedings

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20
Q

What is a mitigating factor?

A

A circumstance that reduces the severity of a crime, potentially leading to a lighter sentence.

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21
Q

Example of a Mitigating Circumstance

A

The defendant showing genuine remorse or committing the crime under duress

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22
Q

What is an aggravating circumstance?

A

A factor that increases the seriousness of a crime, potentially leading to a harsher sentence

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23
Q

An example of an aggravating factor

A

Using a weapon during the offence or under the influence of alcohol or drugs

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24
Q

Who guides Magistrates on the law?

A

The legal advisor (court clerk) provides legal guidance to magistrates

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25
What is a qualified Magistrate called?
A District Judge
26
How do you recognise a qualified magistrate in court?
A District Judge sits alone and wears a formal court robe
27
S.85 LASPO 2012
This section allows Magistrates to impose unlimited fines for certain offences in their jurisdiction.
28
This section allows Magistrates to impose unlimited fines for certain offences in their jurisdiction.
S.85 LASPO 2012
29
What happens at an Early Administrative Hearing?
Administrative matters are addressed, such as confirming legal representation, setting trial dates, and deciding bail or custody
30
Administrative matters are addressed, such as confirming legal representation, setting trial dates, and deciding bail or custody
What happens at an Early Administrative Hearing?
31
In Summary offences if plead guilty
Sentencing happens at Magistrates Court
32
Sentencing happens at Magistrates Court
In Summary offences if plead guilty
33
In Summary offences if plead not guilty
Summary trial at Magistrates Court
34
Summary trial at Magistrates Court
In Summary offences if plead not guilty
35
Indictable offences if plead guilty
Sentencing at Crown Court
36
Sentencing at Crown Court
Indictable offences if plead guilty
37
Indictable offences if plead not guilty
Jury trial at Crown Court
38
Jury trial at Crown Court
Indictable offences if plead not guilty
39
Which Article states suspects are innocent till proven guilty?
Article 6 ECHR- Right to fair trial should be upheld, the courts have a duty under the Human Rights Act 1998
40
Article 6 ECHR- Right to fair trial should be upheld, the courts have a duty under the Human Rights Act 1998
Which Article states suspects are innocent till proven guilty?
41
Criminal Proceedure Rules 2013
Govern the pretrial and trial process in England and Wales
42
Govern the pretrial and trial process in England and Wales
Criminal Proceedure Rules 2013
43
Judicial Review and Courts Act 2022
Magistrates have limited sentence in power they can sentence up to a one year custodial sentence and an unlimited fine. The ability to sentence for up to 1 year for a single triable either way offenceThis was introduced in hope that fewer cases would be referred to crown court to alleviate backlog of cases created by the pandemic. However, the sentencing powers for summary offences remains a maximum of six months custody.
44
Magistrates have limited sentence in power they can sentence up to a one year custodial sentence and an unlimited fine. The ability to sentence for up to 1 year for a single triable either way offenceThis was introduced in hope that fewer cases would be referred to crown court to alleviate backlog of cases created by the pandemic. However, the sentencing powers for summary offences remains a maximum of six months custody.
Judicial Review and Courts Act 2022
45
In Criminal, the burden of proof lies with the?
Prosecution who have to prove beyond reasonable doubt that the defendant is guilty
46
Prosecution who have to prove beyond reasonable doubt that the defendant is guilty
In Criminal, the burden of proof lies with the?
47
Burden of Proof
the responsibility placed on one party in a case to prove the allegation or claim. In criminal cases, this lies with the prosecution to prove that the defendant is guilty.
48
the responsibility placed on one party in a case to prove the allegation or claim. In criminal cases, this lies with the prosecution to prove that the defendant is guilty.
Burden of Proof
49
Beyond reasonable doubt
The standard of proof that is required in criminal cases. For a defendant to be guilty, judge or jury must be convinced that there is no doubt that the defendant is guilty.
50
The standard of proof that is required in criminal cases. For a defendant to be guilty, judge or jury must be convinced that there is no doubt that the defendant is guilty.
Beyond reasonable doubt
51
"Who investigates a crime i.e.
interviews/gathers evidence?", "The police investigate the crime by interviewing witnesses and gathering evidence."
52
"Who makes the decision whether to prosecute or not?"
"The Crown Prosecution Service (CPS) decides whether to prosecute based on the evidence and public interest."
53
"Which court do all cases go for their first appearance?"
"All cases make their first appearance in the Magistrates' Court."
54
"What happens to the defendant while they are waiting to be called to the Magistrates' Court?"
"The defendant may be kept in custody, released on bail, or given a summons to appear in court."
55
"What type of hearing does the Magistrates do for a case that will be dealt with in the Crown Court?"
"A committal or sending-for-trial hearing."
56
"What is a Plea before Venue?"
"A hearing where the defendant enters a plea to decide if the case will stay in the Magistrates' Court or go to the Crown Court."
57
"What is a mode of trial hearing?"
"A hearing to determine whether a case should be tried in the Magistrates' Court or Crown Court."
58
"When will there be a trial?"
"A trial occurs when the defendant pleads not guilty."
59
"What is the standard of proof in criminal cases?"
"Beyond a reasonable doubt."
60
"What happens where the case against the defendant cannot be proved?"
"The defendant is acquitted, meaning they are found not guilty."

Law (42 decks)

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