Introduction Flashcards
1
Q
How does the criminal justice process usually start?
A
Someone gets arrested and taken to court, OR the court sends them a written charge telling them to come to court.
2
Q
What happens when someone gets to court?”
A
They have to say if they are ‘guilty’ or ‘not guilty’ (this is called entering a plea).
3
Q
What happens if they say ‘guilty’?”
A
The court will then decide their punishment (this is called sentencing).
4
Q
What happens if they say ‘not guilty’?”
A
There will be a trial where the court will decide if they did the crime or not.
5
Q
What happens if the court says ‘not guilty’ at the trial?”
A
The person is free to go!
6
Q
What happens if the court says ‘guilty’ at the trial?”
A
The court will then decide their punishment (sentencing).
7
Q
Can someone disagree with the court’s decision?”
A
Yes, if they are found guilty or don’t like their sentence, they can try to appeal to a higher court.
8
Q
What’s another way
A
besides getting arrested
9
Q
Who usually brings criminal cases to court?”
A
The Crown Prosecution Service (CPS).
10
Q
Can regular people also bring criminal cases?”
A
Yes, but the CPS can take over if they want.
11
Q
What’s a ‘trial’ all about?”
A
It’s where the people who are saying someone did the crime try to prove it to the court by showing evidence.
12
Q
What’s ‘sentencing’?”
A
It’s when the court decides what the punishment will be for someone who has pleaded guilty or been found guilty.
13
Q
What’s an ‘appeal’?”
A
It’s when someone asks a higher court to look at a decision made by a lower court to see if it was right.
14
Q
How can people pay for a lawyer if they don’t have much money?”
A
They can apply for ‘public funding’ (legal aid) to help pay for it.
15
Q
Is it easy to get public funding?”
A
It has become harder to get over the years.
16
Q
What’s a ‘litigant in person’?”
A
It’s someone who represents themselves in court without a lawyer.
17
Q
What are the two main things the court looks at when deciding if someone can get public funding?”
A
If it’s in the ‘interests of justice’ for them to have a lawyer and if they don’t have enough money (this is called a ‘means test’).
18
Q
What are some reasons why it might be in the ‘interests of justice’ for someone to have a lawyer?”
A
If they could go to prison or if they wouldn’t understand what’s happening in court.
19
Q
What are the three main ways crimes are sorted in the adult criminal justice system?
A
Summary only, either-way, and indictable only.
20
Q
Are these classifications the same for young people?
A
Nope! For people under 18, it’s usually about how serious the possible sentence is.
21
Q
How do you know if a crime is a ‘common law’ offence?”
A
It’s a crime that wasn’t created by a law passed by Parliament (a ‘statute’).
22
Q
What kind of crime is always an ‘indictable only’ offence?”
A
the maximum sentence can be anything up to life in prison.
23
Q
How can you figure out the classification of a crime created by a statute (a law)?”
A
You can either look it up in a special legal book, OR check the law itself to see what the maximum sentence is.
24
Q
If a law only gives a maximum sentence ‘on summary conviction’
A
what kind of offence is it?”
25
If a law only gives a maximum sentence 'on indictment'
what kind of offence is it?"
26
If a law gives a maximum sentence 'on summary conviction' AND 'on indictment'
what kind of offence is it?"
27
Where are 'summary only' offences always dealt with?"
In the Magistrates' Court.
28
Where are 'indictable only' offences always dealt with?"
In the Crown Court.
29
Where can 'either-way' offences be dealt with?"
They can start in the Magistrates' Court, but might end up in the Crown Court for trial or sentencing.
30
What happens in the Magistrates' Court for an 'either-way' offence?"
The court decides if it's serious enough to go to the Crown Court. If not, the person can choose to have their trial there or in the Crown Court.
31
If an 'either-way' case goes to the Crown Court and the person is found guilty
where are they sentenced?"
32
If an 'either-way' case stays in the Magistrates' Court and the person is found guilty
where are they usually sentenced?"
33
Where do most criminal cases start in England and Wales?"
Either in the Magistrates' Court (for adults) or the Youth Court (for under 18s).
34
What kind of cases MUST the Magistrates' Court try?"
All 'summary only' offences (less serious stuff).
35
What kind of cases CAN the Magistrates' Court try?"
'Either-way' offences (things that could go to either the Magistrates' or Crown Court).
36
Where do the most serious ('indictable only') cases go for trial?"
Straight to the Crown Court.
37
What's the Crown Court mainly known for?"
Being the main trial court for more serious crimes and also hearing appeals from the Magistrates' and Youth Courts.
38
Who decides if someone is guilty or not guilty in the Crown Court?"
A jury (12 members of the public).
39
What does the Judge do in the Crown Court trial?"
They explain the law and make decisions about legal stuff.
40
Which court hears appeals from the Crown Court when it acted as a trial court?"
The Court of Appeal (Criminal Division).
41
Which is the highest criminal court in England and Wales?"
The Supreme Court.
42
What kind of cases does the Supreme Court usually hear?"
Appeals on important points of law from the Court of Appeal.
43
Who usually decides if someone is guilty or not guilty in the Magistrates' Court?"
Either a District Judge or a group of 'lay magistrates' (regular people).
44
Does the Magistrates' Court have a jury?"
Nope!
45
What's the Youth Court for?"
For all criminal cases involving people under 18, unless they are being tried together with an adult.
46
Which courts can hear appeals from the Magistrates' Court and the Youth Court?"
The Crown Court and the High Court.
47
What's the difference between a 'tribunal of fact' and a 'tribunal of law'?"
The 'tribunal of fact' (like a jury or magistrates) decides what actually happened. The 'tribunal of law' (usually the judge) decides what the law says about those facts.
48
What are the Criminal Procedure Rules (CrimPR)?"
They are a set of rules that tell everyone how criminal cases should be managed in courts (like Magistrates', Crown, and the Court of Appeal).
49
What's the main goal of the CrimPR (the 'overriding objective')?"
To deal with criminal cases fairly and justly.
50
What does 'dealing with a criminal case justly' include?"
Being fair to both sides, respecting the rights of the person accused, looking after victims and witnesses, and dealing with cases quickly.
51
Who has to follow the CrimPR?"
Everyone involved in a criminal case, like lawyers, the person accused, witnesses, and even the court itself.
52
What should a lawyer do if they mess up a step in the case?"
Tell the court and the other side straight away if it's something important that could cause problems.
53
What's 'case management' all about?"
It's the court making sure cases move forward properly and without unnecessary delays.
54
What should the lawyers help the court figure out early in the case?"
What the real arguments are between the defense and the prosecution.
55
Why is it important to figure out the main arguments early on?"
So there are no surprises ('ambushes') at the trial.
56
What should lawyers try to do with evidence?"
Present it in a way that is as short and clear as possible.
57
What does the court want to discourage?"
Delays in the case.
58
What does the court want to encourage?"
Everyone working together to move the case forward.
59
What can the court do if someone doesn't follow the rules or the court's directions?"
They can change hearing dates, make someone pay costs, or even stop them from using certain evidence.
60
What are 'standard directions' in a criminal case?"
They are like a list of common deadlines that the court sets for things like sharing evidence or raising legal issues.
61
What's an example of a 'standard direction'?"
The prosecution has to say fairly early if they want to use evidence of the person's bad character.
62
What's another example of a 'standard direction'?"
The defense usually has to give their side of the story (a 'defence statement') within a certain time after the prosecution shares their initial evidence.
63
What should lawyers do if they have a legal argument they want to make?"
Tell the court and the other side what the argument is about before the trial.
64
What should both sides do before the trial to show they are ready?"
Give the court a 'certificate of readiness'.
65
What's a big problem if you don't meet the court's deadlines?"
The court might not let you use your evidence or hear your arguments.
66
What are the SRA Standards and Regulations?"
They're a set of rules that the Solicitors Regulation Authority (SRA) makes for how solicitors and law firms should behave.
67
What are the SRA Principles?"
They're like the main rules for good behavior that the SRA expects all solicitors to follow.
68
How many SRA Principles are there?"
Seven.
69
Can you name the seven SRA Principles?"
1. Uphold the rule of law. 2. Uphold public trust. 3. Act with independence. 4. Act with honesty. 5. Act with integrity. 6. Encourage equality, diversity, and inclusion. 7. Act in the best interests of each client.
70
When are professional conduct issues most likely to come up in criminal cases?"
When a relative asks you to represent someone, when you might have to represent more than one person in a case, when you have to keep client information secret, and when your duty to the court clashes with your duty to your client.
71
Can a solicitor represent someone if a relative asks them to
even if they haven't spoken to the person themselves?"
72
What does PACE say about a solicitor being asked to attend the police station by someone else?"
The police can't delay access to a solicitor just because someone else asked the solicitor to come. But the police must tell the person that someone else asked for the solicitor and check if the person wants to see them.
73
What should a solicitor do if they think there might be a conflict of interest between clients?"
They shouldn't act for any of them.
74
What's a conflict of interest?"
It's when doing what's best for one client could harm another client.
75
Give an example of a conflict of interest."
If you're representing two people in the same case and one is blaming the other, that's a conflict.
76
What should a solicitor do if they get secret information from one client that would help another client?"
They should ask the first client if they can share it. If the first client says no, the solicitor can't act for the second client.
77
What does it mean to be an 'officer of the court'?"
It means a solicitor has a special responsibility to be honest and fair to the court.
78
Can a solicitor lie to the court?"
No way! They must not mislead the court in any way.
79
What should a solicitor do if their client tells them they're guilty but wants to plead not guilty?"
The solicitor can still represent them, but they can't help the client pretend they're innocent.
80
Can a solicitor help a client hide evidence?"
Absolutely not! That's a serious crime.
81
What should a solicitor do if the court orders them to give information
but their client doesn't want them to?"
82
What are the key things to remember about professional conduct in criminal cases?"
Act in your client's best interests, but don't act if there's a conflict. Be honest with the court, and keep client information secret unless you have to share it.
83
What are the three main ways crimes are classified?
Summary only, either-way, or indictable only.
84
For your assessment
do you usually need to remember specific case names or quote laws?"
85
What's an example of a question you might get that involves knowing offense classifications?"
A question might describe a theft, and you'd need to know that theft is an either-way offense.
86
Give some examples of 'summary only' offenses."
Assault, battery, and simple criminal damage worth £5,000 or less.
87
Can you try to attempt a 'summary only' offense?"
Not for assault or battery. For other summary only offenses, like low-value criminal damage, you can attempt them, and the attempt is also summary only.
88
Give some examples of 'either-way' offenses and their law references."
Theft (s 1 Theft Act 1968), Burglary (s 9(1)(a) or s 9(1)(b) Theft Act 1968), Fraud, Assault occasioning actual bodily harm (s 47 OAPA 1861), Wounding or inflicting grievous bodily harm (s 20 OAPA 1861), simple criminal damage over £5,000, and simple arson.
89
What happens if you try to commit an 'either-way' offense?"
Trying to commit an either-way offense is also an either-way offense.
90
Give some examples of 'indictable only' offenses and their law references."
Robbery (s 8 Theft Act 1968), Wounding or causing grievous bodily harm with intent (s 18 OAPA 1861), Aggravated burglary (s 10 Theft Act 1968), aggravated arson, aggravated criminal damage, murder, and involuntary manslaughter.
91
What happens if you try to commit an 'indictable only' offense?"
Trying to commit an indictable only offense is also an indictable only offense.
92
Is criminal damage always classified in the same way?"
No! It's special. It can be either summary only or either-way, depending on how much the damage is worth.
93
What usually decides if criminal damage is summary only or either-way?"
The value of the damage.
94
What's the value amount that splits summary only from either-way criminal damage?"
£5,000. £5,000 or less is summary only, and over £5,000 is either-way.
95
Is arson treated the same way as other criminal damage?"
No! Arson (damage by fire) is always an either-way offense, no matter how small the damage.
96
How do courts figure out the value of criminal damage?"
They look at how much it would cost to replace the item if it was destroyed, or the cheaper of repairing or replacing it if it was just damaged. They'll listen to what both sides say about the value.
97
What happens if the value of criminal damage is £5
000 or less?"
98
What happens if the value of criminal damage is over £5
000?"
99
What happens if it's not clear how much the criminal damage is worth?"
The person accused will be asked if they want to be tried in the lower court. If they say yes, it stays there with the lower punishment limits. If they say no, it's treated as an either-way offense with the possibility of higher punishments.
100
What about shoplifting? Is that classification straightforward now?"
Even though there was a change saying low-value shoplifting (under £200) is summary only, it's still best to think of shoplifting (which is really theft) as an either-way offense because adults can still choose to have their trial in the higher court.
101
So
what should you remember about the classification of offenses for your assessment?"
