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The criminal process Flashcards

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1
Q

Give the various offences in the criminal justice system

A

Indictable
Summary
Triable either way

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2
Q

Provide information on summary offences

A
  • Summary offences are the least serious offences
  • They are always tried in the Magistrates’ Court
  • Examples of summary offences include assault and battery
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3
Q

Provide information about triable either way offences

A

-Triable-either-way offences are the middle range crimes
-They can be tried in the Magistrates’ Court or the Crown Court depending upon a number of factors i.e. severity
Examples of triable-either-way offences :Theft ,ABH

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4
Q

Provide information about indictable offences

A
  • Indictable offences are the most serious crimes
  • The first preliminary hearing will be in the Magistrate’s Court but the case will always then be transferred to the Crown Court
  • Examples of indictable offences: Murder and Rape
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5
Q

Role of the CPS

A

The Crown Prosecution Service (CPS) are responsible for prosecuting the majority of criminal cases

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6
Q

Explain the test for prosecution

A

The decision to prosecute is done by two-fold test:

  • The evidential burden (having sufficient evidence to prosecute), and
  • The public interest (it must be in the public interest to prosecute)
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7
Q

Influences on proseuction?

A
  • premeditated crime,
  • use of a weapon
  • the defendant being in a position of trust
  • vulnerability of the victim
  • or any previous conviction
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8
Q

Bail is…

A

Bail is the release of a person until the next stage of the case, in line with Article 5 ECHR – right to liberty and in order to uphold the fundamental principle that every person is ‘innocent until proven guilty.

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9
Q

Examples of who can grant bail

A

Police (CJA 2003)

Courts (bail act 1976)

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10
Q

There is Two types of bail. Examples of conditional bail?

A 
Curfew
Electronic tag
Sureties
Surrendering passport
Reporting regularly to the police station
Residence at a bail hostel
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11
Q

Two types of bail. Explain unconditional bail?

A

Unconditional:no limits. Given where the court does not think the defendant will fail to comply with court procedure

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12
Q

The stages for a triable either way offence as it passes through court would be..

A

Charged by cps->mode of trial hearing->bail hearing_>plea before venue->trial->sentence

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13
Q

Compare why an individual may choose for their case to be heard at the crown court, rather than the magistrates court

A

-Rates of acquittal are higher at Crown Court
-Defendant’s feel they receive a fairer trial at Crown Court (case hardened magistrates remember)
BUT
-It takes longer to get to Crown Court
-There are greater defence costs and trials take longer
-The defendant would then be choosing to go to a court with a higher sentencing power

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14
Q

The stages for an indictable offence as it proceeds through court is..

A

Magistrates court (gets transferred to.. ->Crown court->Plea and case management hearing->sentencing trial

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15
Q

For an indictable offence, what happens in the

Crown court-‘Plea and case management’ hearing?

A

Court needs to know whether defendant is pleading guilty or not guilty
If not guilty then case management for trial is dealt with
If guilty then information checked before sentence

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16
Q

Police may GRANT bail where..

A

-A suspect is released without charge on the condition that they return to the police station on a specific date in the future.
(Police and Criminal Evidence Act 1984)

-To a defendant who has been charged with an offence until their EAH at the Magistrates court.
Police and Criminal Evidence Act 1984

-The custody officer can refuse bail if the suspect’s name and address cannot be discovered, or if they doubt the name+address given are genuine.
Police can grant “street bail” for minor offences, without the need to take them to the police station.
(s4 Criminal Justice Act 2003)

17
Q

Explain the case of R V HOOKWAY in regards to bail and the cps

A

(The Police and Criminal Evidence Act 1984) states that police officers cannot detain a suspect for more than 96 hours before they must release or charge them.
R v Hookway (2011) ruling means that the clock is ‘ticking’ regardless of whether the police are actually questioning the suspect or not. MUST RELEASE OR CHARGE AFTER 96 HRS

18
Q

Case for court bail?

A

s4 Bail Act 1976 – there is a presumption that everyone should be granted bail

19
Q

COURT may not grant bail where…

A

Where released,the defendent would..

  • Fail to surrender to custody;
  • Commit an offence while on bail;
  • Interfere with witnesses or otherwise obstruct the course of justice

Legal Aid, Sentencing and Punishment of Offenders Act 2012 introduced a new exception:
4. Commit an offence against an “associated person” in a domestic violence case.

20
Q

Some Factors considered by courts as to whether to grant bail?

A
  • The nature and seriousness of the offence;
  • The character, past record, associations and community ties of the defendant;
  • The defendant’s record on surrendering to bail on previous occasions;
  • The strength of the evidence against him.
21
Q

Bail by court may be restricted where…

A

-Where a suspect has tested positive for Class A drugs and the offence is one related to Class A drugs:
(s19 Criminal Justice Act 2003)

-Where the offence has been committed by someone who is already on bail at the time of the offence.
( s14 Criminal Justice Act 2003)

-Where a person has previously served a sentence for murder, manslaughter or rape and the current offence is one of them, the judge can only grant bail if it is of the opinion that there are no exceptional circumstances.
(Legal Aid, Sentencing and Punishment of Offenders Act 2012)

-Where the offences is murder, bail may only be granted by a Crown Court judge:
( s115 Coroners and Justice Act 2009)

22
Q

Advantages of bail

A

-There is a reduction in the number of defendants on remand, which means less cost to the government.

  • The defendant can maintain employment and spend time with family during his/her bail period.
  • The defendant can use the time to prepare for his/her trial by not being restricted in terms of being able to meet with their legal representatives.
23
Q

Disadvantages of bail

A
  • 12% of bailed offenders fail to appear at their trial; so there is a risk of them absconding or not surrendering to bail
  • There are startling statistics on the number of offences committed by people who are on bail.
  • There seems to be disparity in the interpretation of the Bail Act 1976 in different courts.
  • There is a risk that the defendant will interfere with witnesses or otherwise obstruct the course of justice
24
Q

Criticisms to deterrence in sentencing are..

A
  • The effectiveness of deterrence is linked to the perceived likelihood of being caught
  • Offenders may not stop and think before they commit crimes
  • General deterrence depends on publicity given for exemplary sentences
25
Q

Retribution as one of the aims of sentencing is..

A

Retribution rests on the notion that if a person has knowingly done wrong, he or she deserves to be punished

26
Q

The aims of sentencing in better detail are…

A

(a) the punishment of offenders, (PUNISHMENT)
(b) the reduction of crime (including its reduction by deterrence), (DETERRENCE)
(c) the reform and rehabilitation of offenders,
(d) the protection of the public, (REFORM)
(e) the making of reparation by offenders to persons affected by their offences (REPARATIONS)
f) RETRIBUTION- where if one does a wrongdoing they deserve to be punished ‘eye for an eye’

27
Q

Incapitation ,as one of the aims of sentencing is…?

A

Incapacitation means that in some way the offender is made incapable of re-offending.
Examples are driving bans and curfews.
Is used as a method of public protection.

28
Q

Denunciation is an aim of sentencing and is,,

A

Denunciation is a way of showing society’s disapproval of criminal activity. The sentence has a message to both the defendant and the public, i.e. society condemns that type of behaviour and justice is being done

29
Q

Act that lay out aims of sentencing?

A

The purposes of adult sentencing were set out in statute for the first time in s142 of the Criminal Justice Act 2003

law (17 decks)

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