Open Justice and The Court Flashcards
What are the two balanced principles in civil and criminal law
Open justice
Right to a fair trial
Why is Open Justice so important?
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
Lord Shaw quoted Jeremy Bentham (19th century philosopher) on Open Justice, what was the quote?
“In the darkness of secrecy, sinister interest and evil in every shape have full swing, publicity is the very soul of justice”
What case set a precedent for Open Justice
Scott vs Scott 1911
1998 Case of T v Legal Aid Board what did Lord Woolf say about open justice?
“The public nature of proceedings deters inappropriate behaviour on the part of the court”
What does Article 10 of ECHR say?
“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”
What does Article 6 of ECHR say?
“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”
What case can help you remember Open Justice and innocent until proven guilty (A6 of ECHR)
Yorkshire Ripper case
What are the two branches of law
Criminal
Civil
What do criminal courts do and deal with?
Crimes against the state, hand out punishments like jail time and fines etc
What do Civil courts do and deal with?
Disputes between companies, individuals, institutions etc.
What courts deal with what?
Supreme deal with both
Crown and Mags with criminal
County and Supreme courts with civil
What are statutes?
Acts of parliament
What are the two most important aspects behind the Human Rights Act 1998
Article 8 - Right to respect private and family life
Article 10 - Freedom of expression
Process of Civil case?
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
Process of Criminal Cases?
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
What are the three types of offences
1) Summary
2) Either-way
3) Indictable only
What is a summary offence?
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
Either-way offences?
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
Indictable only offences?
Serious crimes heard in Crown. Murder, rape, robbery etc
What is the standard of proof that the magistrates or jury must take into account in criminal cases
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
Detention of Theft?
The dishonest appropriation of property belonging to another person, with intent of permanently depriving the other person of it (either-way offence)
What is the definition of Robbery?
Theft by force or with the threat of violence - indictable only
Definition of Burglary?
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
What’s a concurrent Jail term?
Served at the same time as main sentence
What’s a consecutive sentence
Served in addition to any original sentence
What court are jail times mostly given?
Crown
How do most criminals serve their sentences?
Half jail
Half released on license to serve in community
What’s a suspended sentence?
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
What sentence does murder attract?
Murder attracts 25 years life sentence
