criminal process Flashcards
what idea does the criminal process adopt and where does it come from
“innocent until proven guilty”
article 6 human rights act 1998 right to a fair trial + AV Diceys rule of law
what are the 3 types of offences
summary
triable either way
indictable
what is a summary offence
a less bad crime, tried in the magistrates court e.g. driving without a licence
what is triable either way offence
an offence that can vary in severity so depending on how bad it is tit can be tried in either the magistrates or crown court e.g theft
what is an indictable offence
most sever crimes, tried in the crown court. e.g. murder
what is the trial process
prosecution begins
- opening speech
- witnesses
- cross examination of witnesses
defence case
- witnesses
- cross examination
closing speeches
judge summarises all the points and evidence
jury’s/ magistrates leave to decide whether there guilty
once verdict and sentence are decided, each side could appeal if they do not agree.
what is the process of appeals from the magistrates court +a case
- defendant has an automatic right to appeal the conviction or sentence they put put it in within 28 days
- if they appeal the conviction it would be held in the magistrates court, and heard by a judge with 2 magistrates.
- if they appeal the sentence it goes to the crown court and they read the mitigating factors out and the court imposes another sentence
- if they appeal on the grounds that the magistrates have acted out of there jurisdiction or there was an error it would go to the high court , they can dismiss the appeal or order a retrial. C V DPP 1994
what is the process of appeals from the crown court
- if the defence appeal the court of appeal can quash it or allow it.
- if its rejected the original sentence / conviction stands
- if allowed they can decrease the sentence
- reduce the offence e.g. murder to manslaughter
- order a retrial
if the prosecution appeals it can only be done with the permission of the attorney general
- they can refer it to the court of appeal
- apply for the unduly lenient sentencing scheme
what are the aims of sentencing
criminal justice act 2003
- retribution
- deterrence
- public protection
- rehabilitation
- reparation
what is a case example which shows sentencing for youths
Thomson and Venable v UK 1999
what are the main acts regarding bail
PACE
criminal justice act 2003
bail act 1976
what are the different types of bail
police bail
court bail
conditional bail
explain police bail + case
can be given police bail at any point during an arrest
- they can be on bail for no longer than 28 days
- bail can be refused if the person does not give there information
Joanna Yeats murder case 2010
explain court bail
court power to grant bail under bail act
- can be denied if the offence is very serious
- there’s a past record of the offender
- ca suspicion that they would re offend while on bail
- suspicion that they may interfere with witnesses
explain condition bail + case
when bail is given but under certain conditions
e.g.
curfew
tagging
reporting to the police station
giving in there passport
Dave lee Travis 2011
