Introduction Flashcards
harm principle
“the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others.” (John Stuart Mill, On Liberty, 1859)
harm principle author
John Stuart Mill
harm principle date and publication
1859, On Liberty
offence principle (author/date)
Joel Feinberg 1987
offence principle (concept)
ciminalisation of conduct which causes harm to others
advantage of criminal code
law more readily accessible, clear definitions, avoids ambiguity
disadvantage of criminal code
inflexibility
three categories of offences
indictable only; either way; summary
indictable only offences
most serious offences
indictable only offences - tried in which court
an offence tried only in the Crown Court
summary offences - tried in which court
an offence tried in the magistrates’ court
summary offences - maximum sentence
6 months imprisonment
summary offences - right to a jury trial
no right to a jury trial
either way offences - tried in which court
an offence tried in the magistrates’ court or in the Crown Court
either way offences
offences for which magistrates’ court may decide whether they hear the case or send it to a higher court
mode of trial hearing
magistrates’ court hearing to determine where the case will be tried (in magistrates’ court or committed to Crown Court)
right to trial by jury
for either way offences, the right of a defendant to request a case which has been found suitable for summary trial in the magistrates court, to be moved to the Crown Court for a jury trial
either way offense w/no jury trial - trial court
magistrates’ court no jury trial
either way offense w/jury trial - trial court
Crown Court
Police and Criminal Evidence Act 1984
governs police powers and admissibility of evidence gathered during police investigation
PACE
Police and Criminal Evidence Act 1984
Police Codes of Practice
provides police with guidance on the exercise of their powers
Criminal Procedure Rules 2015
governs management of a criminal case w/in the courts
Criminal Procedure Rules 2015 - Rule 1.1
sets forth the overriding objective that criminal cases be dealt with justly
Criminal Justice Act 2003
governs most aspects of the CJS, from procedural matters to law of evidence to sentencing offenders
suspect
a person suspected of a crime but not yet charged
accused
a person officially charged with a crime
who is “R” in a criminal case?
Regina, Rex, the Crown, the State
