Legal Studies Flashcards
What are the types of Criminal Offences?
Offences can be organised into groups according to their severity, which also determines the court in which the case can be heard
Summary offences
Relatively petty offences with minor punishments
Heard in the Magistrates court
Examples drink driving, minor assault, minor theft
Minor indictable
More serious than summary offences
Heard in the Magistrates or Districts Court
Examples aggravated assault (with a weapon), stalking
Major indictable
The most serious crimes
Heard in District or Supreme court, can be trial by jury
Examples murder, rape, sacrilege
What can offences be against?
Offences can be against:
The person
Murder, stalking, assault,
Property
Theft, property damage,
Public order
Drunk and disorderly, loitering,
What are the elements of a criminal offence?
To prove an individual has committed an offence, the following elements have to be proved:
Mens Rea
The intent to commit - guilty mind
Actus Reus
That the wrongful act has actually been committed
What are crimes that only require one of the elements of a criminal offence?
Crimes that only require Actus Reus are Strict Liability offences
Examples speeding, drink driving
What are the Criminal Justice Proceedings? (Part 1)
Establishing a crime
The police must determine if an offence has been committed
They are granted search powers to gain proof that a crime has been committed
They may also exercise these powers if they have reasonable belief that a crime is being/about to be committed
What are the Criminal Justice Proceedings? (Part 2)
Pre-Trial
The actions and processes that take place before a trial begins
In some circumstances, the legal issue may be resolved without going to trial
Arrest
When a suspect is taken into custody by the police
Police can arrest a suspect whenever they suspect someone of committing an offence
Detaining an arrested person is known as being held on remand
Once arrested, a suspect can be detained for up to 8 hours (or more for offences such as terrorism)
If police can establish reasonable proof or evidence that the suspect is guilty of an offence they can then be charged
Charged
Once charged have been laid for a crime committed, the police can then take personal identifying details such as photos, fingerprints, DNA
Despite charges being laid, there is still the presumption of innocent until proven guilty
Bail
Bail is the money paid in exchange for the charged being released from custody
The severity of the crime will influence the approval and conditions of the bail
Conditions of bail include: having to reside at a specific address; regular reporting to police station; house arrest; surrendering one’s passport
If any set conditions are broken, they go back to court
Arraignment
This is where the defendant is informed of the charges against them
The defendant is expected to submit a plea of guilty or not guilty of the charges
Plea bargaining
Defendant pleads guilty and prosecutor and defendant agree that a guilty plea is given for a more lenient sentence
Preliminary hearing
If there is no plea bargain, a preliminary hearing is held
The Magistrate will hear the prosecution’s evidence and decide if there is sufficient evidence for the case to proceed to trial
What are the Criminal Justice Proceedings? (Part 3)
Trial
The aim of the trial is for the prosecution and the defendant to present all admissible evidence to the court for a verdict of guilty or not guilty to be determined
Why do the Criminal Justice Proceedings have to be followed?
To achieve fair, predictable, and consistent outcomes
What are the Criminal Justice Proceedings? (Part 4)
Post-trial
Refers to the criminal justice processes after the trial once a guilty verdict has been determined
During the sentencing the defendant will hear about the punishment they will receive for the crime they have been found guilty of
The judge examines a wide range of factors including prior convictions, personal circumstances, victim impact statements, as well as being guided by the Sentencing Act 2017 for minimum and maximum sentences
