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Law AS - Debbie LA1 > The Criminal Process > Flashcards

The Criminal Process Flashcards

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1
Q

What can a breach of criminal law lead to?

A

A penalty - fine/prison

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2
Q

Who are prosecutions for criminal cases bought forward by?

A

Crown prosecution service (cps)

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3
Q

Where do all criminal trial cases start?

A

Magistrates court

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4
Q

What sort of matters do magistrates deal with?

A

Granting bail etc

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5
Q

What is an early administrative hearing?

A

Setting a court date and time for case to be heard by the magistrates

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6
Q

What are the 3 classifications of offence?

A

Summary offences - minor offences always trialed in magistrates, damage less than £5000
Triable either way offences - middle range crimes such as theft, tried in either magistrates or crown court
Indictable offences - Serious crimes such as murder, tried in crown court, magistrates can authorise bail

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7
Q

Why is a case sometimes adjourned in the first appearance at court?

A

CPS do not have all the information they need to proceed (usually always when defendant pleads not guilty)

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8
Q

When there is an adjornment what do the magistrates decide?

A

Wether or not to grant bail

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9
Q

If a defendant pleads guilty in triable either way offences case what happens?

A

Plea before venue (set out in Criminal Procedure and Investigations Act 1996) case is heard by magistrates and cannot be referred to crown court - can only send defendant for sentencing (COMMITTAL FOR SENTENCE)

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10
Q

If a defendent pleads not guilty in triable either way offences case what happens?

A

Decision is made by magistrates about case heard in magistrates or crown court - they must consider seriousness of case under Magistrates Court Act 1980

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11
Q

When should a case be sent to crown court by magistrates?

A

Where there is complex questions of law - any breach of trust, how much offence was, if it was a gang or 1 person

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12
Q

What is the defendants election?

A

If magistrates are prepared to hear case defendant can choose to be trialed by jury or magistrates

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13
Q

What is there a better chance of if the defendant chooses to be trialed by a jury?

A

An acquittal (being let off) and having some legal funding

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14
Q

What would a defendant get if trialed by a jury?

A

More experienced lawyers and more freedom within community

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15
Q

What are 3 reasons why a defendant wouldn’t choose to be heard by a jury?

A

Longer waiting time in prison, cost of lawyers is more expensive, magistrates will hear case quickly

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16
Q

What recommended that magistrates should decide trial venue not defendant?

A

The Auld Report 2001

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17
Q

What is bail?

A

A pre-trial matter to decide if a suspect should remain in custody or be released pending trial

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18
Q

When may a person be released on bail?

A

After being arrested
After being charged
During the trial process itself

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19
Q

When may police release a person on bail?

A

Whilst they make further enquirers “bailed to return”

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20
Q

What must a suspect agree to if released on bail?

A

They will return to magistrates on a set date and time

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21
Q

Who makes the decision about bail under what?

A

Custody officer - under S38 of PACE

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22
Q

When can bail be refused?

A

If there is no information of suspects name and address or if police think suspect has given a false identity (Bail Act 1976)

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23
Q

When may the police impose conditions on granting bail?

A

They can ask for surrender of passport
Report regularly to police station
Not interfere with witnesses
Remain under curfew

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24
Q

What happens if bail is not given?

A

Suspect must appear at magistrates at earliest opportunity

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25
Q

There is a general assumption that bail should be given, however a court does not have to give bail if there are substantial grounds for believing the suspect would…

A

Fail to surrender to custody
Commit an offence whilst on bail
Interfere with witnesses or obstruct course of justice

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26
Q

Why can the court refuse bail? (3)

A

On nature of crime, character and community ties of defendant, strength of evidence against him

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27
Q

What is a sureties?

A

Required by police where another person promises to pay a sum of money if the defendant fails to attend court

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28
Q

Where can the defendant appeal over the decision not to grant bail?

A

Crown court under the Bail (amendment) Act 1993

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29
Q

What are the 2 major restrictions on bail?

A

If a person has committed murder, attempted murder, manslaughter, rape or attempted rape and has also done before
If a person has been tested positive for Class A drugs and court thinks he will commit offence again on bail

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30
Q

What are the 3 advantages of bail?

A

Reduction of number of defendants on remand (government less money)
Can spend more time with friends and family
Can prepare for trial easily with legal representatives

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31
Q

What are the 4 disadvantages of the bail system?

A

Argued too many people are given bail (20%)
There should be a presumption of innocence until proven guilty
Not enough bail hostel workers to supervise their whereabouts
1/3 of burglaries are said to be committed on bail

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32
Q

Why does electronic tagging not work?

A

Suspects can still commit offences in areas they are allowed when on bail

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33
Q

Why was the CPS established?

A

To take responsibility for making the decision whether to prosecute

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34
Q

What did the Justice Report 1970 suggest?

A

Police deciding whether to prosecute was wrong as they were not impartial

35
Q

What did the Phillips Royal Commission 1978 suggest?

A

An independent body (CPS) to take charge of prosecuting suspects

36
Q

What act established the CPS?

A

The Prosecution Offences Act 1985

37
Q

Who is head of the CPS?

A

The director of public prosecutions

38
Q

What do the CPS do?

A

Take charge of a case once the police have finished collecting evidence

39
Q

What is the CPS’s 5 main roles?

A 
Advises police on what charge should be made
Reviews cases
Prepares court cases
Presents cases in court
Decide whether or not to prosecute
40
Q

How many cases resulted in a conviction in 2008 from the CPS?

A

80.7% - good as not prosecuting weak cases

41
Q

What are the 2 stages the CPS go through to decide whether to prosecute?

A

Apply the evidential test (look at evidence CCT, EWT, DNA)
Apply the public interest test (was there a weapon, was it committed against a public serving person ie policeman, is it likely to result in a long sentence)

42
Q

What are the 3 reasons why the CPS wouldnt prosecute?

A

If the suspect had put right the harm caused
If the offence was a genuine mistake
If the suspect played a minor role in the offence

43
Q

What controversial cases will the CPS still prosecute?

A

Mercy killings - killing family for moral reasons (Francis Inglis, assisted suicide of offspring in difficult circumstances)

44
Q

When would the CPS release a threshold test?

A

If there is not much evidence against a suspect but it is believed the suspect is to much of a risk to be released (will they be charged, is there a reasonable suspicion they committed it)

45
Q

What did the Narey Review criticize the CPS for?

A

Not having enough case workers so lack of preperation

46
Q

What did the Glidewell report criticize about the CPS?

A

The discontinuance of too many cases out forward by police (12%)

47
Q

Why are the CPS stations now based in police stations?

A

So joined work is encouraged - Criminal Justice Units have been established to make the working relationships easier

48
Q

From the Auld Review 2001 what are the CPS now responsible for that the police have no power over?

A

Charging suspects for serious or complex cases

49
Q

To qualify to be a juror what must you be?

A

Between 18-70, on the electoral register and a resident in the UK for at least 5 years since 13

50
Q

What allows you to have a permanent disqualification from a jury (disqualified based on how long sentence is/how recently it was made)? (5)

A

If been sentenced to imprisonment for life
In imprisonment/youth custody for 5+ years
Detained during HM pleasure
Imprisonment for public protection
Sentenced to an extended sentence

51
Q

Why could you be disqualified for 10 years from a jury? (5)

A

If served a term of imprisonment in the last 10 years
At any time in the last 10 years had a sentence suspended
Had a community order passed on them in the last 10 years
If youre on bail
If you suffer/have suffered from mental illnesses or mental handicap

52
Q

What is one of the most common reasons a judge will discharge a person?

A

Lack of capacity to cope - maybe do not understand english or has a disability

53
Q

What did the criminal justice act 2003 abolish in juries?

A

The category of excusal (people in the police/judiciary/criminal justice system used to not be allowed to serve on the jury - now allowed which brings professionalism)

54
Q

Who are the only people allowed to be excused from being part of the jury?

A

Members of the armed forces (certificate from commanding officer)

55
Q

Which case illustrates that police officers sitting in a jury can be a problem?

A

R v I 2007 - policewoman knew other police officers collecting evidence against the case so she automatically found defendant guilty

56
Q

When could a potential juror be excused at the discretion of the court?

A

Exams, family commitments, booked holiday, job commitments etc (court will defer the person rather than excuse them completely - let them off once)

57
Q

How much can someone be fined for not showing up as part of the jury?

A

Up to £1000

58
Q

Who selects a jury?

A

A central juror summoning bureau, picked randomly from electoral register and 12 are initially summonded

59
Q

When jurors get to court what happens first?

A

Split into groups of 15 and 12 are randomly chosen

60
Q

In juries, what does ‘praying a talesman’ mean?

A

If there are insufficent jurors the court can summon people they see on the street, local businesses etc, HARDLY EVER HAPPENS

61
Q

What are the 2 types of ‘vetting’ (checks) on jurors?

A

Routine police checks - eliminate those disqualified
Wider check on juror’s background and political affiliations - under the Attorney Generals Guidelines (1988) only when case involves national security or terrorism and attorney generals permission is needed

62
Q

What are the 2 types of challenging that the prosecution and defense both have rights too for the jury?

A

To the array - under the Juries Act 1974 the whole jury can be challenged on the basis it has been chosen in a biased way (IN OLD BAILEY 1993 2 JURORS LIVED WITHIN 20 DOORS OF EACH OTHER - COULD BE BIASED)
For cause - both prosecution and defense can challenge 1 juror if they have a valid reason to, e.g if they believe the juror knows a witness of the defendant. (R v WILSON AND SPRASON 1995 WIFE OF POLICE OFFICER WAS SUMMONED AND ASKED TO BE EXCUSED)

63
Q

Where are juries used?

A

In the crown court (juries only hear 1% of criminal cases as they are heard in magistrates)
In the coroners court - used to inquire into deaths

64
Q

What do juries do in the high court?

A

Decide the liability of the parties and the level of damages awarded

65
Q

When is a jury used?

A

When a defendant pleads not guilty (decide guilty or not guilty)

66
Q

Why must a judge accept the jury’s decision even if they do not agree with it?

A

Established in BUSHELL’S CASE 1670 - judge did not agree with not guilty verdict and ordered them to rethink, court of common pleas ordered their release and said juries could not be punished for their verdict

67
Q

What did the Criminal Law Act 1977 in juries remove?

A

Reduced the use of juries in significant number of offences

68
Q

When will a judge tell a jury that he will take a majority decision over a unanimous decision?

A

If after 2 hours the jury is still undecided, has to be 11-1 or 10-2. If the jury is of less than 12 people then the majority decision has to be only 1 person against the rest

69
Q

What is the minimum number a jury is allowed to be?

A

9

70
Q

What is a judge not allowed to do to a jury?

A

Pressurise them (McKenna 1960, judge told jury if they did not make decision in 10 minutes they would be locked up all night, came back in 6 mins but conviction was quashed due to unfair judge)

71
Q

What are the 3 main points of secrecy a jury must undertake?

A

Discuss privately and no inquiry can be made about how they reached their decision
We do not ever know how juries have made their decision
Jury can ask a judge for clarification of a point

72
Q

What is a weakness of the electoral register?

A

Not always representative sample of the population, excludes people who cannot register to vote (homeless, young, students)

73
Q

What did the case Runciman Commission 2993 ask for with a jury but was not implemented?

A

That at least 3 jurors should be from an ethnic minority or the same ethnic minority of the victim or the defendant

74
Q

What does too many discretionary excusals lead to?

A

An unrepresentative jury (could all be local)

75
Q

What did Lord Devlin say about jurires?

A

“juries are the lamp that shows that freedom lives”

76
Q

Why do jurors not have to follow precedent set in previous cases?

A

They are not legal experts - they decide based on fairness as seen in Ponting 9184 case

77
Q

What is a juries perverse verdict?

A

One which goes against the evidence

78
Q

What is a juries sympathy verdict?

A

R v Owen, man attempted to kill lorry driver who killed his son and he was given a very lenient sentence

79
Q

What does a jury lead to which the public like?

A

An open system of justice

80
Q

The juries not being connected to anyone in the case leads to what?

A

A cross section which cancels out any juror’s biases

81
Q

What are the disadvantages to a jury? (7)

A

Media influence - jury may have publicly heard about the case
Bias - electoral register could lead to an all white jury (Sander v UK 2000 thought all white jury were making racist remarks to people involved in case)
Secrecy - we do not know how or who juries use to make their final decision
Fraud trials - can be problematic and last for a long time
High acquittal rates - argued that juries acquit too many defendants
Jury intimidation - some jurors may have someone interfering with their decision making
Jury may hurry their decision to leave - not fair
Juries are required to award damages but are not skilled at this

82
Q

What are the 4 recommendations for change as an alternative to a jury trial?

A

Trialed by a single judge - fairer and more predictable result
A panel of judges - balance of views instead of 1
A judge plus lay assessors - give legal expertise to a judge and have participation from the public
A mini jury

83
Q

What are the advantages of a jury? (4)

A

Public confidence
Open system of justice
Secrecy of the jury room
Impartiality

Law AS - Debbie LA1 (6 decks)

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