Introduction to the criminal courts Flashcards
1
Q
court of defendant’s first court appearance
A
magistrates’ court
2
Q
existence of a jury in the magistrates’ court
A
there is no jury in a magistrates’ court
3
Q
possible triers in a magistrates’ court
A
1) one judge, legally qualified
2) one District Judge
3) bench of 3 lay judges (not legally qualified)
4) justices of the Peace
4
Q
tribunal of fact
A
jury
5
Q
tribunal of law
A
judge
6
Q
Circuit Judge
A
Crown Court Judge
7
Q
defendant’s court of appeal from magistrates’ court
A
Crown Court
8
Q
defendant’s right of appeal from magistrates’ court against…
A
MC conviction and/or sentence
9
Q
defendant’s court of appeal from Crown Court
A
Court of Appeal (Criminal Division)
10
Q
right of appeal from Crown Court against
A
CC conviction and/or sentence
11
Q
right of appeal to High Court by way of case stated is for this type of appeal
A
appeals on a point of law
12
Q
right of appeal to the High Court by way of case stated may be exercised by
A
defendant from MC, defendant from CC, prosecution
13
Q
application for judicial review is made to which court
A
High Court
14
Q
appeal from Court of Appeal is to which court
A
Supreme Court
15
Q
under which statute may the prosecution appeal an acquittal?
A
s.58 Criminal Justice Act 2003
16
Q
When may the Attorney General refer a case to the Court of Appeal
A
if clarification of the law is required
17
Q
What is the role of the court when D pleads not guilty?
A
To try the case and decide if D is guilty or not guilty, the burden of proof is on the prosecution to prove the case beyond reasonable doubt
18
Q
Which courts hear criminal trials?
A
Magistrates Court or Crown Court
19
Q
When D has appealed from the Magistrates Court what can the Crown Court do to the conviction or sentence?
A
Confirm, reverse or vary the conviction and confirm, increase or decrease the sentence
20
Q
What is a case stated Appeal?
A
When D appeals from the Magistrates Court to the Queens Bench Divisional Court who have to decide on whether or not the magistrates have made the correct decision on the law
21
Q
What can the QBDC do to the case stated appeal?
A
Confirm, vary or reverse the decision or remit the case to Magistrates Court to implement their decision
22
Q
Which act allows D to appeal from the Crown Court to the Court of Appeal?
A
Criminal Appeal Act 1995
23
Q
What can the Court of Appeal do if they decide the conviction is unsafe?
A
- allow the Appeal
- quash the conviction
- vary the conviction
- order a retrial
24
Q
When can D Appeal to the Supreme Court?
A
When the case involves a point of law of general public importance and permission is needed
25
What does the right to appeal make sure of?
That an error of law by the trial judge does not lead to an acquittal
26
What is the first circumstance in which prosecution can appeal to the Court of Appeal?
If the judge in the Crown Court gives a ruling on a point of law which effectively stops the case against D
27
When can prosecution appeal to the Court of Appeal against an acquittal by a jury?
* when the jury have been nobbled
* double jeopardy
28
What acts allows the double jeopardy rule?
Criminal Justice Act 2003
29
What is the double jeopardy rule?
When there is new and compelling evidence of the acquitted D’s guilt and it is in the public interest for D to be retried. It is only available for very serious crimes such as murder, rape and terrorism offences
30
When does the Criminal Justice Act 1972 say the prosecution can appeal?
Where the judge may have made an error in explaining the law to the jury, the prosecution have the right to refer that point of law to the Court of Appeal if D is acquitted
31
When is an Attorney-General’s Reference made?
When the decision of the Court of Appeal doesn’t affect the previous acquittal of a lower court but it creates a precedent instead
32
What can the Attorney-General do?
Refer an unduly lenient sentence to the Court of Appeal for re-sentencing
33
What are summary offences?
Minor crimes
34
What is an example of a summary offence?
Assault
35
Where are summary offences tried?
Magistrates Court
36
What are indictable offences?
Serious crimes
37
What is an example of an indictable offence?
Murder
38
Where are indictable offences tried?
Crown Court
39
What are either way offences?
Middle range offences which can vary in the degree of harm caused
40
What is an example of an either way offence?
Theft
41
Where are either way offences tried?
Magistrates Court or Crown Court
42
What are Custodial sentences?
The most severe form of punishment and involve imprisonment, either immediate or suspended
43
What is a suspended sentence?
When the prison sentence is not activated unless the offender commits a further offence
44
What is the only sentence available for murder?
Mandatory life sentence
45
What can the judge do when sentencing a mandatory life sentence?
The judge is allowed to state the minimum number of years imprisonment that the offender must serve before being eligible for release on license
46
What is a discretionary life sentence?
Where the maximum sentence is life imprisonment but the court can give a lesser sentence where appropriate
47
What is an example of a crime which carries a discretionary life sentence?
Robbery
48
What is a fixed term prison sentence?
A term of imprisonment for a set number of months or years
49
What is the maximum sentence the Magistrates Court can give?
6 months
50
What is the maximum sentence a Crown Court can give?
The maximum that’s allowed by Parliament
51
What did the Criminal Justice Act 2003 create?
Community order
52
What is the purpose of a community order?
To punish and reform the offender
53
What are examples of community orders?
* unpaid work
* alcohol/drug treatment
* supervision
* curfew
54
How many hours of unpaid work contributes to a community order?
40-300 hours over a year
55
What is the supervision requirement under a community order?
The offender is placed under regular supervision of a probation officer for a period of up to 3 years
56
What is the curfew requirement under a community order?
The offender must remained at a fixed address for between 2-16 in a 24 hour period for a maximum of 6 months and they are electronically tagged
57
What are financial sentences?
* a fine paid to the state
* a compensation order paid to the victim
58
What are discharges?
The least serious sentences for first time offenders in the Magistrates Court
59
What is a conditional discharge?
Where if the offender commits a further offence in the stated period then they can be resentenced for the original offence
60
What is an absolute discharge?
No real penalty is imposed as the offender is technically guilty but morally blameless
61
Where are the aims of sentencing set out?
Section 142 of the Criminal Justice Act 2003
62
What are the five aims of sentencing?
* punishment/retribution
* reduction of crime/deterrence
* protection of the public
* reform/rehabilitate
* reparation
63
Why is retribution an aim of sentencing?
If someone has broken the criminal law they should be punished and get their ‘just deserts’
64
What is individual deterrence?
Offenders are deterred from reoffending due to the fear of the consequences
65
What is general deterrence?
Other people are deterred from offending because they don’t want the same fate
66
Why are sentences important for protection of the public?
It makes the offender incapable of committing further crime
67
What does reforming and rehabilitating an offender involve?
Help to alter the offenders behaviour so that he won’t reoffend
68
What does reparations do?
Ensure that the offender makes amends
69
What are the factors in sentencing?
* maximum allowed by parliament
* maximum sentencing powers of the court
* aggravating factors
* mitigating factors
* aims of sentencing
* sentencing guidelines
70
What are aggravating factors?
Circumstances which allow the court to impose a more severe sentence
71
What are examples of aggravating factors?
* previous convictions
* premeditated
* unprovoked
* racist/religious hostility
* against a vulnerable victim
* use of a weapon
* part of a group
* under the influence of drugs/alcohol
72
What are mitigating factors?
Circumstances which allow the court to impose a lower sentence
73
What are examples of mitigating factors?
* no previous convictions
* mental/physical illness
* shown genuine remorse
* cooperated with the police
* provoked
* pleaded guilty at first opportunity
74
What is a tariff?
The sentence appropriate for the average example of the offence
75
What do Magistrates do?
* try all summary offences
* decide sentences
* deal with the first hearing of all indictable offences
* issue an arrest or search warrant
* extend period of detention of a suspect
* decide on bail
76
What do specially trained magistrates do?
* sir in youth courts
* hear cases on family issues
* sit in the Crown Court when a case is on appeal
* deal with the plea before venue and allocation procedure
77
What happens if D pleads guilty at the plea before venue and allocation procedure?
Magistrates must decide whether their sentencing powers are sufficient to sentence D or whether the case should be committees to the Crown Court for sentencing
78
What happens if D pleads not guilty at the plea before venue and allocation procedure?
Magistrates must work out the most appropriate court to allocate the case for trial. They will hear arguments from both prosecution and defence.
79
What happens in a trial at a Magistrates Court?
Three Magistrates will hear the case and decide on guilt or innocence
80
What is every bench of magistrates assisted by?
A legal advisor
81
How many days do lay magistrates work for?
13
82
Which offences do juries try?
Indictable and either way in the Crown Court
83
What do juries listen to?
* arguments from prosecution and defence
* cross-examination of witnesses
* closing speeches
* judges summing up
84
How many jurors are on a panel?
12
85
What do the jury do after hearing the case?
Retire to the jury room to have a secret discussion and decide what the facts of the case are and then apply the law to those facts to decide on guilt or innocence
86
Where are the basic qualifications for jury service set out?
In the Juries Act 1974
87
When is a person eligible for jury service?
* between age 18-75
* on the electoral register
* lived in the Uk for at least 5 years from the age of 13
88
When is someone ineligible for jury service?
* currently on bail
* recent/serious conviction
* mentally disordered
89
When can someone have their jury service deferred for a good reason?
* serving in the armed forces
* ill health
* if they know the victim/D/witnesses
90
When can a judge discharge a person from being a juror?
If the lack the capacity to cope with the trial
91
What did the Criminal Justice Act 2003change in relation to jurors?
Lawyers, judges and police officers are now eligible for jury service so that there’s a wider pool of people eligible
92
What did the case Hanif V United Kingdom say?
That having a police officer on the jury was a breach of the right to a fair trial
93
What are the advantages of juries?
* tried by peers
* democratic
* helps keep law clearer
* can decide on fairness rather than strict law
* free from pressure
* impartial
94
What are the disadvantages of juries?
* decision reached in secret
* unpredictable
* make case longer/more expensive
* verdicts may not be justified
* media coverage may influence their decision on high profile cases
95
What does Ponting’s Case say?
Juries decide on fairness rather than strict law
96
What happened in Ponting’s Case?
A civil servant leaked information on the sinking of an enemy ship in the Falklands but the jury believes he acted in the public interest so they acquitted him
97
What does the case R V Randle and Pottle say?
The jury can ignore the law and make unjustified verdicts
98
What happened in R V Randle and Pottle?
Ds were charged with helping a soviet spy escape from prison and the jury acquitted them
99
What does the case R V Young say?
The jury use unreliable ways of coming to a decision
100
What happened in R V Young?
The jury used a ouija board to try contact the victims of a murder
101
What does the case R V West say?
Media coverage may influence a jury’s decision in a high profile case
