Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Semester 1 TLAs > Legal Systems - Criminal Justice System > Flashcards

Legal Systems - Criminal Justice System Flashcards

1
Q

Indictable offences

A
  • Serious offences triable on indictment
  • Only heard in CC (pre trial matters in MC)
  • Indictment is a formal document outlining offence and brief facts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

TEW Offences

A
  • Can be heard in MC or CC
  • Depends on seriousness of offence
  • Magistrates Court Act 1980
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Summary Offences

A
  • Low severity
  • Heard in MC
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Criminal Justice Process

A
  • Police and CPS
  • Trial
  • Sentencing
  • Appeal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Police Powers

A
  • Stop and search in public
  • Searching premises and seizing of property
  • Arrest, detain, search and interview suspects
  • Obtaining intimate/non-intimate samples from detained persons
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Police Powers Act

A

Police and Criminal Evidence Act 1984 (PACE)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Detention

A
  • 24 hours after arrival without being charged
  • Detention without charge up to 96 hours with warrant from Magistrate
  • Terrorist offences: 14 days
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Detention Rights

A

Right to have someone informed of arrest s.56 and Code C

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Questioning

A
  • Right to legal advice s.58 and Code C
  • D to be informed of rights
  • Right to fair treatment
  • All non-summary offences to be tape recorded
  • D not under influence during questioning
  • Juveniles to be accompanied
  • Confession must be voluntary
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Charging

A
  • Police powers to charge minor offences (CJA 2003)
  • s.28 CJA: moved decision from the police to the CPS
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

CPS Act

A
  • CPS established under Prosecution of Offences Act 1985
  • s.3(2): Function of CPS to provide an objective assessment of the results of police investigations and to prosecute cases.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Decision to charge (test)

A

Full Code Test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Full Code Test

A
  • Evidential Stage
  • Public Interest Stage
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Evidential Stage

A

Must have sufficient evidence for a realistic prospect of conviction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Public Interest Stage

A

Is it in the public interest to charge the offender?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Crown Court

A
  • HC Judges, Circuit Judges, Recorders and Lay Magistrates
  • First Instance and appellate
  • Hears all indictable and some TEW
  • Jury Decision
  • Appeals from MC
  • Powers of sentencing
17
Q

Magistrates Court

A
  • Lay Magistrates
  • Hears 98% of criminal cases
  • Summary and some TEW
  • Conduct allocation proceedings
  • Grant arrest/search warrants
  • Bail applications
  • Power to make compensation orders to victims
18
Q

MC: Max Sentence

A

£5,000 and/or 6 months imprisonment. 12 months for two or more offences

19
Q

Pretrial Matters

A
  • Disclosure
  • Unused Material
  • s.5 Criminal Procedure and Investigations Act 1996: defence must provide a defence statement
  • Duty to disclose material that might undermine the case of the prosecution (s.3 CPIA)
20
Q

Pretrial Matters Act

A

s.5 Criminal Procedure and Investigations Act 1996: defence must provide a statement
s.3 CPIA: Duty to disclose material that may undermine prosecutions case.

21
Q

Burden/Standard of Proof

A
  • Prosecution has burden of proving guilt
  • Standard of proof is beyond reasonable doubt unless statute imposes burden or where the defendant is obliged to prove the defence balance of probabilities
22
Q

Standard of Proof Case

A

McNaghten’s case: common law defence of insanity, defence has burden of proving the insanity

23
Q

Sentencing Council Guidelines

A
  1. Determine offence category (culpability and harm)
  2. Use the table to find starting point and category range
  3. Consider any aggravating/mitigating factors
24
Q

Appeal System

A

MC -> CC
CC -> CoA
CoA -> SC

25
Q

Criteria for Referral

A
  • Argument or evidence has not been raised during the trial/appeal
  • Exceptional Circumstances
26
Q

Criteria for Referral Case

A

Fagan v Metropolitan Police: Not proven beyond reasonable doubt that D put the wheel on the Police officers foot. D was convicted of assaulting a police constable in execution of his duty, contrary to s.51 Police Act 1964.

Semester 1 TLAs (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions