The Criminal Justice System Flashcards

1
Q

What is common law?

A

Judge made law

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2
Q

What is case law?

A

sets precedent for future use where cases have similar circumstances (‘by way of case stated’ or ‘stated case’. R (king/queen) vs defendant

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3
Q

Acts of parliament

A

Main law

Historical acts of parliaments are statues

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4
Q

Statutory instruments

A

Make changes to law

Created by ministers

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5
Q

By-laws

A

Local laws made by local authorities

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6
Q

What is a bill?

A

Proposal of a new law

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7
Q

How long from date of offence to appear before court?

A

6 months

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8
Q

Where are summary offences tried?

A

Magistrates court

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9
Q

Where are either way offences tried?

A

Magistrates or Crown court

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10
Q

Where are indictable offences tried

A

Crown court

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11
Q

Magistrates court

A

Summary and either way offences

All cases start here

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12
Q

Crown Court

A

Indictable and either way offences

Trial by judge and jury

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13
Q

Appeal court

A

Appeals from magistrates go to crown court

Appeals from crown court go to appeal court

If appeal rejected by court of appeal, can appeal at supreme court

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14
Q

Youth Court

A

Suspects aged 10 to 17 (if under 16 parent/gaurdian present)

If charged with co-defndant over 18 then may go to normal courts

If victim wants to be present they must apply to court to do so

Public gallery close

Magistrates level

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14
Q

Youth Court

A

Suspects aged 10 to 17 (if under 16 parent/guardian present)

If charged with co-defendant over 18 then may go to normal courts

If victim wants to be present they must apply to court to do so

Public gallery close

Magistrates level

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15
Q

Youth Justice board

A

Monitors youth justice system and youth offending teams

16
Q

Types of crime

A

Acquisitive (material gain)
Crimes against the person
Crimes against society (victimless crimes)

17
Q

Actus Reus

A

The guilty act or lack of action

18
Q

Mens Rea

A

The guilty state of mind

19
Q

Burden of proof

A

Probability is not enough, must be beyond reasonable doubt