Funding and Structure

Question 1

Subject to individual statutory limits, what are the sentencing powers of magistrates?

Answer 1

6 months custody for summary offences. Unlimited fines. Costs and ancillary orders.

Question 2

When does the High Court get involved in criminal matters?

Answer 2

JR, for example irrational failure to grant bail

Question 3

How large are juries in crown courts

Answer 3

Usually 12, can be 11 or 10

Question 4

Subject to statutory limits for individual offences, what are the sentencing powers of the crown court?

Answer 4

Unlimited custody and fines.

Question 5

True or false: the crown court can impose a harsher sentence than the magistrates on appeal

Answer 5

True

Question 6

When will the Court of Appeal (Criminal Division) get invovled?

Answer 6

Appeal from crown court, or when the AG wants an opinion on a point of law

Question 7

True or false: the CA can usually impose a harsher sentence than the crown court on appeal

Answer 7

False

Question 8

When can the CA increase D’s sentence?

Answer 8

When the AG argues it is unduly lenient

Question 9

What is the difference between criminal and civil law when it comes to the no conflicts rule?

Answer 9

No exceptions in criminal, some exceptions (i.e. consent) in civil.

Question 10

Who has a right to free in person legal advice

Answer 10

Those detained for an imprisonable offence

Question 11

What should D apply for to cover their defence costs?

Answer 11

Defence order

Question 12

Two types of test to get a defence order

Answer 12

Means test and interests of justice test

Question 13

Can you get a defence order if the offence has no custodial sentence attached?

Answer 13

No

Question 14

In the magistrates court, what is the maximum weighted gross annual income D can have to automatically pass the means test?

Answer 14

£12,475

Question 15

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?

Answer 15

£22,325

Question 16

Difference between means test at the magistrates and crown court

Answer 16

In the crown court, D’s capital is assessed in addition to income.

Question 17

Which types of offences automatically satisfy the interests of justice test when applying for a defence order?

Answer 17

Indictable, or an either-way offence sent to the crown court

Question 18

How many times can a duty solicitor represent you?

Answer 18

On one occassion

Question 19

Which defences impose a burden of proof on D?

Answer 19

Insanity and diminished responsibility

Question 20

What is an evidential burden?

Answer 20

The judge will not let D put an issue to the jury unless they have raised some small evidence of it.

Question 21

Two examples where D will have an evidential burden

Answer 21

Duress and self-defence, an alibi.

Question 22

What happens after D satisfies the evidential burden?

Answer 22

R must prove beyond reasonable doubt the defence is not made out.