The English Legal System Flashcards
The Entirety of The English Legal System
Unpaid, part-time judges who have no legal qualifications but hear cases in the Magistrate’s courts.
Lay Magistrates
Courts which are presided over by magistrates that deals with minor offences and holds preliminary hearings for more serious ones.
The Magistrate’s Courts
Crimes that can be proceeded against summarily, without the right to a jury trial and/or indictment.
Summary offences
Criminal offences that can be heard in the magistrates’ or Crown Court.
Either-way offences
The committee in the local area which selects and recruits magistrates.
The Local Advisory Committee
The person who has been delegated the responsibility of appointing Magistrates on behalf of the Queen.
The Lord Chancellor
The organisation responsible for training Judges in County, the Crown, Higher Courts and Tribunals
The Judicial Studies Board
Training which magistrates receive that covers matters such as the organisation of the bench, the administration of court and the roles and responsibilities they have.
Initial training
When a newly trained magistrate is given a mentor to give the support required to develop competencies.
Mentoring
An induction course to give magistrates the required knowledge to sit in court.
Core training
Training which helps magistrates prepare for their first appraisal.
Consolidation training
When a magistrate who has been specially trained will sit on the bench and observe whether the new magistrate successfully demonstrates the competences.
First appraisal
Proceedings held in the Magistrate’s Court, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial.
Preliminary hearings
Deciding the punishment which an offender will receive for criminal behaviour.
Sentencing
The measures taken to achieve justice.
Punishment
Repaying or giving back to the victim of a crime.
Reparation
Giving offenders the skills they need to prevent them from re-offending.
Rehabilitation
Preventing possible crimes, whether it is individual deterrence or general deterrence.
Deterrence
Mitigating the risks to the public of potentially dangerous individuals.
Public protection
Preventing offenders from re-offending.
Individual deterrence
The prevention of possible offenders from committing crimes.
General deterrence
Judicial sentences consisting of mandatory custody of the convict.
Custodial sentences
Monetary penalties which have been imposed upon individuals who have been convicted of a crime.
Financial penalties
Set amounts of unpaid work given to convicts to give back to the community.
Community sentences
When a defendant is found guilty of a crime but is given no punishment as it would be inappropriate.
Discharge sentences
Non-binding guidelines that inform sentencing.
Sentencing guidelines
A public body which issues guidelines on sentencing in the UK.
The Sentencing Council
Factors which reduce the sentence which a judge gives.
Mitigating factors
Factors that increase the sentence which a judge gives.
Aggravating factors
A pressure group with centres throughout the United Kingdom that give free legal advice to assist people with money, legal, consumer and social welfare issues.
The Citizens Advice Bureau
Centres which offer free legal services to the public in areas with a lack of solicitors.
Law Centres
Solicitors whose services are available for free at police stations to those arrested under suspicion of committing crimes.
Duty Solicitors
Insurance which the client already had before the prospect of legal proceedings arose.
Before-the-event insurance
An agreement with a legal representative which provides for his or her fees, or any part of them, to be paid only in certain circumstances - usually only if the client wins the case.
After-the-event insurance/Conditional Fee Agreement
An initial set of requirements which determine whether a client is entitled to free legal aid.
The Interest of Justice Test
An order by Magistrates usually at a pre-liminary hearing which grants a defendant free legal aid or representation.
Magistrate’s representation order
A set of requirements which determine whether a client is entitled to free legal aid in the Magistrate’s Court.
The Magistrate’s Court Means Test
A set of requirements which determine whether a client is entitled to free legal aid in the Crown Court.
The Crown Court Means Test
Law which has developed in a community without being deliberately invented.
Custom law
Law which is created by judges in court cases.
Common law
Law which is made as an Act of Parliament.
Statute law
A theory which states that the three branches of government share responsibilities to avoid discretionary powers or any branch from exercising the role of another.
The Separation of Powers theory
The doctrine that all people and institutions are subject to and accountable to law that is fairly applied and enforced.
A.V Dicey’s Rule of Law
