Funding and Structure Flashcards
Subject to individual statutory limits, what are the sentencing powers of magistrates?
6 months custody for summary offences. Unlimited fines. Costs and ancillary orders.
When does the High Court get involved in criminal matters?
JR, for example irrational failure to grant bail
How large are juries in crown courts
Usually 12, can be 11 or 10
Subject to statutory limits for individual offences, what are the sentencing powers of the crown court?
Unlimited custody and fines.
True or false: the crown court can impose a harsher sentence than the magistrates on appeal
True
When will the Court of Appeal (Criminal Division) get invovled?
Appeal from crown court, or when the AG wants an opinion on a point of law
True or false: the CA can usually impose a harsher sentence than the crown court on appeal
False
When can the CA increase D’s sentence?
When the AG argues it is unduly lenient
What is the difference between criminal and civil law when it comes to the no conflicts rule?
No exceptions in criminal, some exceptions (i.e. consent) in civil.
Who has a right to free in person legal advice
Those detained for an imprisonable offence
What should D apply for to cover their defence costs?
Defence order
Two types of test to get a defence order
Means test and interests of justice test
Can you get a defence order if the offence has no custodial sentence attached?
No
In the magistrates court, what is the maximum weighted gross annual income D can have to automatically pass the means test?
£12,475
In the magistrates court, what is the highest weighted gross annual income D can have where D will still be considered for a defence order?
£22,325
Difference between means test at the magistrates and crown court
In the crown court, D’s capital is assessed in addition to income.
Which types of offences automatically satisfy the interests of justice test when applying for a defence order?
Indictable, or an either-way offence sent to the crown court
How many times can a duty solicitor represent you?
On one occassion
Which defences impose a burden of proof on D?
Insanity and diminished responsibility
What is an evidential burden?
The judge will not let D put an issue to the jury unless they have raised some small evidence of it.
Two examples where D will have an evidential burden
Duress and self-defence, an alibi.
What happens after D satisfies the evidential burden?
R must prove beyond reasonable doubt the defence is not made out.
