Criminal Procedure, Open Justice and Inquests Flashcards
1
Q
Describe the criminal procedure
A
- Begin with an arrest
- Will be charged after questioning
- Or released on police bail or under investigation (proceedings still active)
- Prosecution usually is brought by CPS
- Must appear ASAP after charge before magistrates
2
Q
Describe bail
A
- Conditional or unconditional
- Should be granted unless there is good reason
- Comes with surety- someone who will pay the money if they don’t answer to bail
3
Q
What types of sentences would you get in a Mags court?
A
- Absolute discharge
- Conditional “
- Suspended sentence
- Community order
- Fine
- Prison (6 months max for 1 offence- 12 for more than 1)
- Concurrent (up to 6 months) and consecutive offences (up to 12)
4
Q
What is an absolute discharge?
A
Charged without punishment
5
Q
What is a conditional charge?
A
Can walk free but has conditions that they must abide by e.g community work
6
Q
What is a community order?
A
Unpaid work in the community for a certain amount of hours set by the court
7
Q
What are the 3 functions of a Crown Court?
A
- Try indictable offences sent by mags
- Cases sent for sentence by mags
- Hears appeals from mags
8
Q
What is the Crown Court Procedure?
A
- Preliminary and preparatory hearings
- Discussion of legal argument and evidence- restrictions apply
- Arraignment- plea entered without jury- restrictions
9
Q
Describe the trial procedure
A
- Jury selected and sworn in (12 people between 18-70)
- Prosecutions open trial and calls witnesses
- Defence cross examines witnesses and prosecution can re-examine
- Defence launches its case and calls witnesses
10
Q
What is the court procedure at the end of a trial?
A
- Closing speeches from defence and prosecution- judge provides summary of case will instruct jury in terms of law
- Jury considers verdict- min 2hrs 10mins
- Majority verdicts
11
Q
Describe sentence hearings
A
- Sentencing often adjourned after trial
- Could be heard at a date fixed after the trial
- If defendant has pleaded guilty-
- Prosecution will outline details of case
- Defence will speak in mitigation
- Judge’s sentencing remarks
- Can also report previously unreported material from preliminary hearings
