English legal system and law Flashcards
what are serious offences called?
indictable offences
what are minor offences called?
summary offences
what is the top court called
the supreme court?
what is an offence called when it neither minor or serious?
triable either way
where is the supreme court based?
london
where is the court of appeal based and how many judges does it have?
London
3 judges
how many judges are in the supreme court?
5 judges
give an example of an indictable offence
murder
what offences does the crown court hear?
indictable offences and triable either way
what offences do the magistrates court hear?
summary and triable either way
what is an example of a summary offence?
shoplifting
in the magistrates court, who judge the case?
either a qualified district judge or three unqualified lay magistrates
how many jury members are in a crown court trial?
12 jury members
what percentage of cases do the magistrates court hear
97%
what is a clerk?
a legally qualified clerk to assist the lay magistrates
what does jurisdiction mean?
what kind of matters they deal with
what are a few jurisdictions that the magistrates court deal with?
listening to all the summary offences, triable wither way offences and they deal with first hearings of all indictable and send cases to the crown court.
what are some side issues involved in a criminal trial that the magistrates court may deal with?
issuing warrants and a deciding bail
explain how the magistrates court act as a youth court
act as a a youth court, with cases where defendants between 10 and 17 year of age and the general public aren’t allowed in as defendant is not allowed to be identified so they can carry on with their lives
can the magistrates court sentence people/
yes they can sentence people after a trial or if the defendant pleads guilty
describe the triable either way procedure
- the defendant will plead guilty or not guilty (they’re asked)
- if you plead not guilty to a triable either way offence, magistrates will carry out a ‘mode of trial’ proceeding to decide where the case will be heard
how much can the magistrates court fine/imprison?
fine an unlimited amount and/or 6 months imprisonment
what happens in a ‘mode of trial’?
where the magistrates will decide where the triable either way offence will be heard, and will decide if the case is suitable for trial in magistrates court and consider the nature and seriousness of the case
in order of importance, name the 4 main courts
the top court(supreme)
the court of appeal
the crown court
the magistrates court
triable either way offence can go to either…
the crown court or magistrates court
if the defendant in a triable either way offence trial chooses to be trialed in the magistrates, is that it?
no, he can be sent to the crown court for sentencing if they feel he needs a harsher one.
what is a clerk?
a lawyer, every bench of lay magistrates are assisted by a clerk who acts as a legal advisor
do district judges have a clerk?
no
what are the requirements for a clerk?
has to be a barrister or a solicitor of at least five years.
what does the clerk do?
guides the magistrates on questions of low and procedure
in the crown court there are…
12 members of jury and 1 judge
what is the judges role?
make sure the trial is done correctly/follows procedure
sum up the case to the jury after trial
gives the sentence
what are the sentencing powers of the crown court?
unlimited sentencing power, for example, life imprisonment for murder, but cannot give more than the maximum allowed for a particular offence.
what will an accused person be repersented by in the crown court?
a barrister or a solicitor advocate
in the crown court, the jury will…
listen to the evidence and decide the verdict
in the crown court if the accused pleas not guilty , what is the procedure?
- jury is sworn in
- prosecution makes a speech outlining what case is about
- prosecution witnesses give evidence and can be cross examined by the defense
- defense make an opening speech and defense witnesses give evidence and are cross examined by the prosecution
- the prosecution makes the closing speech pointing out the strengths of the case
- the defense makes the closing speech pointing out the weaknesses of the case
- judge sums up case to the jury and jury retire to private room to consider the evidence and their verdict
- verdict is given in open court, guilty or not guilty
- if guilty, judge will sentence
- if not guilty, free to go
can a person appeal against conviction if they pleaded guilty at the trial?
no
what are the two appeal routes available from the magistrates?
to the crown court
to the kings bench division of the high court
what is the normal route of appeal?
to the crown court from the magistrates court and is only available to the defense
if found guilty at the magistrates, what can the accused do?
can appeal against sentence and conviction
what happens at the crown court for an appeal?
the case will be completely re heard by a judge and two magistrates, and they may agree with the sentence or conviction and confirm it.
can the crown court reverse the decision made by the magistrates in an appeal case?
yes and they can also vary the decision and find the defendant guilty of a lesser offence
if you appeal the sentence the crown court can…
increase the sentence or decrease it
what is bulgary?
entering a premise as a trespasser with the intent of theft or grievous bodily harm or criminal damage
the crown court can only increase the sentence up to the maximum sentence of the magistrates, true or false
true
what has the defendant got to have to appeal
can appeal against conviction on a point of fact or a point of law
what is ‘point of fact’
the court got the facts wrong, a mistake was made
what does ‘point of law’ mean?
means that a defendant is appealing against his conviction and is claiming that the magistrates came to the wrong decision because they made a mistake on the law . here the crown court will decide that point of view, which is known as a case stated appeal
what can appeals on a point of law go to from the magistrates?
can go straight to the kings bench division of the high court
what is the normal route of appeal?
to the crown court from the magistrates court (only available to the defence.
if found guilty at the magistrates what can the accused do?
can appeal against sentence, and conviction
what will happen at the crown court when appealing?
the case will be completely re heard by a judge and two magistrates, they may agree with the sentence or conviction and confirm it
can the crown court reverse the descions made by the magistrates in a case of appeal?
yes and they can also vary the descion and find the defence of a lesser offence
in a crown court when appealing what can they do to the sentence?
increase or decrease it
appeals from the magistrates are open to …
both the defence and prosecution
do many people use the route of appealing from the magistrates
no a small number do
what will happen in the court when appealing from the magistrates?
- magistrates are asked to state the case by setting out their findings of fact and decision
- ## no witnesses are called
what are the implications of choosing trial by jury in the magistrates court>
- more chance of an acquittal (only 20% of people who plead not guilty to a TEW in the magistrates are acquitted, which compares with a 60% chance of acquittal in the crown court.
- there will be a longer wait before a case goes to the crown court
- crown court trials are more expensive and this affects the taxpayer.
