The criminal courts and lay people Flashcards

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1
Q

Where are preliminary matters dealt with?

A

Mags

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2
Q

Where are appeals dealt with?

A

Crown court, high court, court of appeal, supreme court.

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3
Q

Where does sentencing occur?

A

Mags + crown

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4
Q

What are the four available sentences?

A
  1. Discharge
  2. fine
  3. Community sentence
  4. Custodial sentence
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5
Q

Who decides in a magistrates court?

A

-Lay magistrates

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6
Q

Who decides in a crown court?

A

Judge + jury

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7
Q

What are the 3 classifications of offence?

A

1.Summary
2.Either way
3.Indictable

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8
Q

What is meant by a summary offence?

A

-petty
-mags
-E.g. assault + traffic

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9
Q

What is meant by an either way offence?

A

-mags/ crown depending
-E.g. ABH

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10
Q

What is meant by an indictable offence?

A

-serious
-crown
-murder, robbery and rape.

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11
Q

What is meant by a pre- trial procedures?

A

-accused put before mags
-early administrative hearing
-done by a mag/legal adviser who decide on bail +legal aid

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12
Q

What is the pre-trial procedure for summary offences?

A

-if plead guilty immeadiate sentencing
-if not can wait for probation reports.
- range of sentences

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13
Q

What is the pre-trial procedure for either way offences?

A

-early administrative hearing.
-plea of guilty or not guilty
-GUILTY-if serious mags can decide to sent to crown
-NOT GUILTY-Mode of trial

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14
Q

What is meant by a mode of trial hearing?

A

-decide which court/ whether to accept jurisdiction based on the seriousness
-accused can choose to go to the. crown court.

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15
Q

What is the pre-trial procedure for indictable offences?

A

-after preliminary administrative factors- crown court.
-GUILTY– judge sentence
-NOT GUILTY- jury decides + judge sentences

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16
Q

What is a pre-sentence report?

A

-outline the defendants circumstances + aid in circumstances.