Law Key Words ELS📓(Criminal Court System)-NOVEMBER EXAM TOPIC FOCUS Flashcards
Criminal Law
A crime is a wrong against the State either by commission or omission that is classified by the State as criminal and one to which a punishment has been attached.
Codification of the Criminal law
Our criminal law is found in numerous statutes and in common law. It can be difficult for lawyers to find the law and keep up-to-date let alone lay people.
Magistrates Court
Deals with least serious Criminal offences
Crown Court
Deals with most serious Criminal offences
Summary offences
For example: most motoring offences. minor criminal
damage. common assault (not causing significant injury)
Triable either way
A criminal offence which can be tried in either the magistrates’ court or the Crown Court
Indictable offences
An offence of a more serious type, and is usually tried in the Crown Court.
Case stated appeals
an appeal to a superior court on the basis of a set of facts specified by the inferior court for the superior court to make a decision on the application of the law to those facts.
Leave to appeal
Permission granted to appeal against the decision of a court.
Referring a point of Law
Attorney General has the power to seek the opinion of the Court of Appeal on a point of law which has arisen in the case, section 36 (1) Criminal Justice Act 1972 (CJA 1972).
Retribution
punishment inflicted on someone
as vengeance for a wrong or criminal act.
Rehabilitation
changing an offender’s behavior to prevent future crime for example by requiring an offender to have treatment for drug addiction or alcohol abuse.
Reparation
or example, by the payment of compensation or through restorative justice. Restorative justice gives victims the chance to tell offenders about the impact of their crime and get an apology.
Protection of the public
from the offender and from the risk of more crimes being committed by them. This could be by putting them in prison, restricting their activities or supervision by probation.
Deterrence
by preventing the offender from committing more crime and putting others off from committing similar offences.