Introduction

Question 1

harm principle

Answer 1

“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)

Question 2

harm principle author

Answer 2

John Stuart Mill

Question 3

harm principle date and publication

Answer 3

1859, On Liberty

Question 4

offence principle (author/date)

Answer 4

Joel Feinberg 1987

Question 5

offence principle (concept)

Answer 5

ciminalisation of conduct which causes harm to others

Question 6

advantage of criminal code

Answer 6

law more readily accessible, clear definitions, avoids ambiguity

Question 7

disadvantage of criminal code

Answer 7

inflexibility

Question 8

three categories of offences

Answer 8

indictable only; either way; summary

Question 9

indictable only offences

Answer 9

most serious offences

Question 10

indictable only offences - tried in which court

Answer 10

an offence tried only in the Crown Court

Question 11

summary offences - tried in which court

Answer 11

an offence tried in the magistrates’ court

Question 12

summary offences - maximum sentence

Answer 12

6 months imprisonment

Question 13

summary offences - right to a jury trial

Answer 13

no right to a jury trial

Question 14

either way offences - tried in which court

Answer 14

an offence tried in the magistrates’ court or in the Crown Court

Question 15

either way offences

Answer 15

offences for which magistrates’ court may decide whether they hear the case or send it to a higher court

Question 16

mode of trial hearing

Answer 16

magistrates’ court hearing to determine where the case will be tried (in magistrates’ court or committed to Crown Court)

Question 17

right to trial by jury

Answer 17

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

Question 18

either way offense w/no jury trial - trial court

Answer 18

magistrates’ court no jury trial

Question 19

either way offense w/jury trial - trial court

Answer 19

Crown Court

Question 20

Police and Criminal Evidence Act 1984

Answer 20

governs police powers and admissibility of evidence gathered during police investigation

Question 21

PACE

Answer 21

Police and Criminal Evidence Act 1984

Question 22

Police Codes of Practice

Answer 22

provides police with guidance on the exercise of their powers

Question 23

Criminal Procedure Rules 2015

Answer 23

governs management of a criminal case w/in the courts

Question 24

Criminal Procedure Rules 2015 - Rule 1.1

Answer 24

sets forth the overriding objective that criminal cases be dealt with justly

Question 25

Criminal Justice Act 2003

Answer 25

governs most aspects of the CJS, from procedural matters to law of evidence to sentencing offenders

Question 26

suspect

Answer 26

a person suspected of a crime but not yet charged

Question 27

accused

Answer 27

a person officially charged with a crime

Question 28

who is “R” in a criminal case?

Answer 28

Regina, Rex, the Crown, the State