Key Terms Flashcards
County court
deals with civil (non-criminal) matters
High Court
They try serious criminal cases, important civil cases and assist the Lord Justices to hear appeals
Appellate court
The appellate court’s task is to determine whether or not the law was applied correctly in the trial court
Tribunal
a body established to settle certain types of dispute. (Court of justice)
Dispute resolution
Dispute resolution is the process of resolving a dispute or conflict between different parties.
Civil court
where an individual or a business believes their rights have been infringed.
Substantive law
Create and define legal rights and obligations (e.g contract law, tort law) criminal offences
Pubic laws
Govern the relationship between the state and its citizens, e.g criminal law; tax law; constitutional law (basically how the country is run and how it exercises power)
Private laws
Create rights enforceable between individuals; usually substantive
Private laws
Create rights enforceable between individuals (typically contract laws)
What does Section 142 Criminal Justice Act 2003 have regard to?
• the punishment of offenders
• the reduction of crime (including through deterrence)
• the reform and rehabilitation of offenders
• the protection of the public
• the need to make reparations to victims of crime
List types of sentences for crimes
fines
Litter picking
Prison
Community service
Custodial
Motoring offences
What are the powers of the court of appeal?
allow the appeal and quash the conviction
Vary the conviction - to a lesser offence
Decrease the sentence (cannot increase it)
Dismiss the appeal
Order a retrial (new jury)
What does it mean to ‘quash’ a conviction?
reject as invalid, especially by legal procedure.
What are the pre-trial procedures for an indictable offence?
Preliminary hearing in the magistrates court
Preliminary case management hearing
Plea and trial preparation hearing
Further case management hearing
Who advises the police which charges should be brought against a defendant?
Crown Prosecution Service
What is the full name of the legislation that sets out the powers of the magistrates’ court when hearing triable-either-way offences?
the Magistrates’ Court Act 1980