Open Justice and The Court

Question 1

What are the two balanced principles in civil and criminal law

Answer 1

Open justice

Right to a fair trial

Question 2

Why is Open Justice so important?

Answer 2

Vital for democracy

Journalists are publics eyes and ears - hold power to account and ensure justice is being done

Courts can occasionally sit in private, but mostly press and public can attend

Question 3

Lord Shaw quoted Jeremy Bentham (19th century philosopher) on Open Justice, what was the quote?

Answer 3

“In the darkness of secrecy, sinister interest and evil in every shape have full swing, publicity is the very soul of justice”

Question 4

What case set a precedent for Open Justice

Answer 4

Scott vs Scott 1911

Question 5

1998 Case of T v Legal Aid Board what did Lord Woolf say about open justice?

Answer 5

“The public nature of proceedings deters inappropriate behaviour on the part of the court”

Question 6

What does Article 10 of ECHR say?

Answer 6

“Everyone has the right to freedom of expression. The right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority”

Question 7

What does Article 6 of ECHR say?

Answer 7

“Everyone is entitled to a fair and public hearing within a reasonable time”

“Everyone charged with a public offence shall be presumed innocent until proven guilty”

Question 8

What case can help you remember Open Justice and innocent until proven guilty (A6 of ECHR)

Answer 8

Yorkshire Ripper case

Question 9

What are the two branches of law

Answer 9

Criminal

Civil

Question 10

What do criminal courts do and deal with?

Answer 10

Crimes against the state, hand out punishments like jail time and fines etc

Question 11

What do Civil courts do and deal with?

Answer 11

Disputes between companies, individuals, institutions etc.

Question 12

What courts deal with what?

Answer 12

Supreme deal with both

Crown and Mags with criminal

County and Supreme courts with civil

Question 13

What are statutes?

Answer 13

Acts of parliament

Question 14

What are the two most important aspects behind the Human Rights Act 1998

Answer 14

Article 8 - Right to respect private and family life

Article 10 - Freedom of expression

Question 15

Process of Civil case?

Answer 15

Take place in Civil Courts (mainly County Courts)

Claimant brings the case or sues

Defendant is person being sued

Court hears evidence from both sides and decides who wins the case

Could be damages or a court compelling defendant to do something etc

Jury used in few types

Trial can last days/weeks/months

Question 16

Process of Criminal Cases?

Answer 16

Take place in Crown or Mags

Court decides after hearing all evidence from both side whether defendant guilty or not

Cases heard by district judge or magistrates in a Mags court or judge and jury in Crown

If Defendant admits they are guilty, could get less of a sentence

If they deny charge must be tried

Question 17

What are the three types of offences

Answer 17

1) Summary
2) Either-way
3) Indictable only

Question 18

What is a summary offence?

Answer 18

Low level criminals dealt in Mags, drunk driving, speeding, failure to pay tickets, criminal damage up to 5k. Dealt with quickly in Mags or district judges

Question 19

Either-way offences?

Answer 19

Tried in Mags and Crown. Mags decide if they can hear fade - their powers of sentencing are up to 12 months in jail - theft, sexual assault, assault

Defendants charged with these can elect for trial before jury and judge in Crown

Question 20

Indictable only offences?

Answer 20

Serious crimes heard in Crown. Murder, rape, robbery etc

Question 21

What is the standard of proof that the magistrates or jury must take into account in criminal cases

Answer 21

They must be sure beyond all reasonable doubt

If they are not sure they cannot convict

If someone is not found guilty they are acquitted

If the jury can’t come to a unanimous verdict, they have to come to majority. If they can’t trial abandoned

Question 22

Detention of Theft?

Answer 22

The dishonest appropriation of property belonging to another person, with intent of permanently depriving the other person of it (either-way offence)

Question 23

What is the definition of Robbery?

Answer 23

Theft by force or with the threat of violence - indictable only

Question 24

Definition of Burglary?

Answer 24

Entering building as a trespasser and stealing or attempting to steal there or inflicting or attempting to inflict grievous bodily harm to someone inside the building

Question 25

What’s a concurrent Jail term?

Answer 25

Served at the same time as main sentence

Question 26

What’s a consecutive sentence

Answer 26

Served in addition to any original sentence

Question 27

What court are jail times mostly given?

Answer 27

Crown

Question 28

How do most criminals serve their sentences?

Answer 28

Half jail

Half released on license to serve in community

Question 29

What’s a suspended sentence?

Answer 29

Defendant walks free from court but must behave for x amount of time, if they commit again within specific period original sentence can be triggered

Question 30

What sentence does murder attract?

Answer 30

Murder attracts 25 years life sentence