Module 1 - Criminal Justice Flashcards
What are the names of the offences used to categorise the seriousness of a crime?
(Clue: There are 3)
Summary Offence
Indicatble Offence
Either way offence
What is a Summary Offence?
These are the least serious offences and can only be heard at the Magistrates Court.
What is an Indictable Offence?
Indictable offences are the most serious offences such as murder, causing death by dangerous driving, rape, robbery, etc… They can only be dealt with at the Crown Court.
What is an either way offence?
Either Way offences include theft, assault (actual bodily harm), sexual assault, fraud by misrepresentation, etc… They may be tried EITHER in the Magistrates Court or at the Crown Court.
What is the Difference between Civil Law and Crminal Law?
At its simplest level Civil Law attempts to put right the wrongs between individuals for example compensating for injuries caused, enforcing the payment of debts etc… In cases where the wrong done is considered to affect the public, as a whole, the issue may become a matter for Criminal Law as well as, or instead of, Civil Law.
Criminal Law is for the protection of all, for benefit of the public as a whole. An example would be the offence of theft. It is easy to see that it benefits everyone for it to be an offence to steal someone else’s property.
What is the difference between Common Law and Statute Law?
Common Law originated from customs which were shaped and interpreted by rulings in the courts. These rulings established precedents that had to be followed by the courts hearing subsequent cases. Very few common law offences still exist as the law is now more precisely defined by Acts of Parliament. Courts cannot introduce new common law offences as this is the responsibility of Parliament. An example of common law that still exists is murder.
Statute Law includes all laws made by direct order of the State and set out in Acts of Parliament (statutes) and subordinate legislation made under the authority of these Acts.
Who are the principal players in the Criminal Justice system?
The Police
The Criminal Prosecution Service (CPS)
The Defence (The defendant and their legal representative)
The Criminal Courts:-
Youth Court (Children and young people under 18 years, not jointly charged with an adult
Magistrates Court
Crown Court
