Criminal Justice System

Question 1

What two things need to be present for criminal liability?

Answer 1

Guilty action and guilty mind

Question 2

Guilty action in Latin

Answer 2

Actus Reus

Question 3

Guilty mind in Latin

Answer 3

Mens Rea

Question 4

What are the three classifications of offence?

Answer 4

1. Summary (magistrates or youth court)
2. Either Way (either magistrates or crown court)
3. Indictable (crown court)

Question 5

Name the piece of legislation that allows an officer to enter and search a premises without a warrant

Answer 5

Section 17, Police and Criminal Evidence Act 1984.

Question 6

What is common law?

Answer 6

“Judge-made law”

Question 7

What is an act of parliament?

Answer 7

Laws that come into force by parliamentary processes

Question 8

What is case-law?

Answer 8

When a court case further explains something already included in law

Question 9

What type of criminal court system does England and Wales have?

Answer 9

Adversarial

Question 10

What is the burden of proof in criminal cases?

Answer 10

The prosecution must prove their argument ‘beyond all reasonable doubt’

Question 11

What are the four ways in which a person may be brought before a court?

Answer 11

1. Charge (following arrest - may be remanded on bail)
2. Summons (defendant not arrested)
3. Postal requisitions and postal charging
4. Warrant

Question 12

Types of lower court (3)

Answer 12

1. Magistrates court
2. Youth courts (10-17 years old)
3. County courts (civil cases)

Question 13

Types of higher court (3)

Answer 13

1. Crown courts - judge and jury & appeals from lower courts
2. Court of Appeal
3. Supreme Court

Question 14

What is the other type of court?

Answer 14

Coroners’ Court

Question 15

The Act that aims to help vulnerable and intimidated witnesses give the best evidence in criminal proceedings.

Answer 15

The Youth Justice and Criminal Evidence Act 1999 (YJCEA)

Question 16

Under what circumstances may the police be involved in a civil matter? i.e. not criminal

Answer 16

1. Things might escalate and criminal offences might be committed
2. Police attendance is required to prevent a breach of the peace

Question 17

What are civil court enforcement officers known as?

Answer 17

Bailiffs

Question 18

1 Principle (Peel’s General Instructions)

Answer 18

Prevent crime and disorder

Question 19

3 Principle (Peel’s General Instructions)

Answer 19

Policing by consent

Question 20

Citizens arrest legislation

Answer 20

Section 24(a) Police and Criminal Evidence Act 1984

Question 21

When is a complaint referred to the Independent Office for Police Conduct (IOPC)? (5)

Answer 21

When it involves:

1. Every time someone had direct or indirect contact with the police when, or shortly before, they were seriously injured or died (N.B. forces only need to refer cases where the action/lack of action may have caused or contributed to the injury or death
2. Serious assault
3. Serious sexual offence
4. Serious corruption
5. Indication of misconduct by police officers and staff

Question 22

What is the IOPC?

Answer 22

Independent Office for Police Conduct - Non-Departmental Public Body, independent from the Police

Question 23

Phonetix alphabet: ABCD

Answer 23

Alpha, Bravo, Charlie, Delta

Question 24

Phonetix alphabet: EFGH

Answer 24

Echo, Foxtrot, Golf, Hotel

Question 25

Phonetix alphabet: IJKL

Answer 25

India, Juliet, Kilo, Lima

Question 26

Phonetix alphabet: MNOP

Answer 26

Mike, November, Oscar, Papa

Question 27

Phonetix alphabet: QRST

Answer 27

Quebec, Romeo, Sierra, Tango

Question 28

Phonetix alphabet: UVWX

Answer 28

Uniform, Victor, Whisky, X-ray

Question 29

Phonetix alphabet: YZ, 0

Answer 29

Yankee, Zulu, Zero