Introduction to Criminal Practice Flashcards
Who brings prosecutions in England and Wales?
The Crown Prosecution Service.
Where are summary only offences tried and sentenced?
Summary only offences are only capable of being tried and sentenced in the magistrates’ court.
Where are indictable only offences tried and sentenced?
Indictable only offences are capable of being tried and sentenced in the Crown Court.
Where are either-way offences tried and sentenced?
Either-way offences are capable of being tried and sentenced in either the magistrates’ or the Crown Court.
What is a tribunal of fact and tribunal of law?
Tribunal of fact: make a decision as to the disputed facts
Tribunal of law: make a decision as to disputed points of law
Who sits in the magistrates’ court?
District Judge or Deputy District Judge or Lay magistrates.
No jury.
Magistrates are the tribunals of fact and law.
What are the sentencing powers of the magistrates’ court?
Imprisonment: 6 months for summary only offences, 12 months for either-way offences.
Unlimited fines power.
Who sits in the Crown Court?
Circuit Judge, High Court Judge or a Recorder.
Jury for trials only, 12 members of the public who deliver a guilty or not guilty verdict.
Jury are the tribunal of fact, judge is the tribunal of law.
What are the sentencing powers of the Crown Court?
Imprisonment: life.
Unlimited fines power.
Who sits in the Court of Appeal (Criminal Division)?
Court of Appeal judge, High Court Judge or Crown Court Judges authorised to sit.
No juries.
Judges are the tribunals of fact and law.
What is the overriding objective of the Criminal Procedure Rules?
The overriding objective of this new code is that criminal cases be dealt with justly-Part 1. This includes:
-acquitting the innocent and convicting the guilty
-dealing with the case efficiently and expeditiously
-recognising the rights of a defendant, particularly those under Article 6 of the ECHR
What are the summary only offences?
-Assault
-Battery
-Simple criminal damage where the value is £5,000 or less
-An attempt to commit simple criminal damage £5,000 or less
What are the either-way offences?
-Theft-s1 Theft Act 1968
-Burglary-s9(1)(a) or s9(1)(b) Theft Act 1968
-Fraud offences
-Assault occasioning ABH-s47 OAPA 1861
-Wounding or inflicting GBH-s20 OAPA 1861
-Simple criminal damage where the value exceeds £5,000
-Simple arson
-Attempts to commit either-way offences will be triable either way
What are the indictable only offences?
-Robbery-s8 Theft Act 1968
-Wounding or causing GBH with intent-s18 OAPA 1861
-Aggravated burglary-s10 Theft Act 1968
-Aggravated arson
-Aggravated criminal damage
-Murder
-Involuntary manslaughter
-Attempts to commit indictable only offences will be triable only on indictment
