The Legal System Flashcards
1
Q
What are the three categories of offences?
A
Summary, triable either way, indictable
2
Q
What are summary offences?
A
Less serious offences always tried in Magistrates Court
3
Q
What are triable either way offences?
A
Middle range offences hide can vary in the degree of harm caused- can be tried in either the Magistrates court or the Crown Court
4
Q
What are indictable offences?
A
More serious crimes always tried in the Crown Court
5
Q
What are mode of trial proceedings?
A
A hearing in a magistrates’ court that decides whether an offence triable either way should be heard in the magistrates’ court or in the Crown Court
6
Q
Where are Youth Court (10-17) cases held?
A
Magistrates Court
7
Q
What are the sentencing powers for Magistrates court?
A
6 months imprisonment
8
Q
What are the cases in which someone aged 10-17 can be tried in the Crown Court?
A
Exceptional cases like murder, manslaughter, rape
Or when a young offender is jointly charged with an adult
9
Q
What offences do the Crown Court try?
A
Indictable, some triable either way, sentencing from the Magistrates Court (when sentencing powers are limited), appeals from Magistrates Court against conviction or sentence
10
Q
Where is the first hearing of all criminal cases and what do they address?
A
Magistrates Court
11
Q
What issues does the first hearing address?
A
- Legal aid
- Bail
- Reports
12
Q
What is the pre- trial procedure for summary offences?
A
- D asked whether they plead guilty or not guilty
- If plead guilty, the magistrate will sentence
- If plead not guilty, a trial will take place and sentence passed if verdict is guilty
13
Q
What does jurisdiction at first instance mean?
A
Courts that try the case
14
Q
What does appellate jurisdiction mean?
A
Courts which hear appeals
15
Q
Grounds for appeal
A
To enable senior judges to
- Correct errors of fact, law or procedure
- Develop the law
- Ensure consistency in the way the courts of first instance apply the law and carry out sentencing
16
Q
What are the 5 aims of sentencing?
A
- Punishment
- Reduction of crime (deterrence)
- Reform and rehabilitation
- Protection of the public
- Reparation
17
Q
What factors are taken into account when sentencing?
A
- Aims of sentencing
- The seriousness of the crime
- Offender’s background
- Motive
- Early guilty plea (may reduce sentence by up to 1/3, 1/10 when trial already started)
- Sentencing guidelines/ tariff
18
Q
What act contains the list of aggravating and mitigating factors?
A
Sentencing Act 2020
19
Q
What is meant by aggravating factors?
A
Factors that make the offence more serious and increase the sentence
20
Q
What is meant by mitigating factors?
A
Factors that make the offence less serious and decrease the sentence
21
Q
What are the 4 main types of sentences?
A
- Custodial sentences
- Community sentences
- Fines
- Discharges
22
Q
What is the most serious sentence?
A
Custodial
23
Q
What is a suspended prison sentence?
A
When an offended is given a sentence of up to 2 years, the judge may suspend the sentence so the offender doesn’t go to prison immediately but is given the chance to stay out of trouble and comply with the requirements of a community sentence.
If the offender doesn’t comply with the requirements or is convicted of another offence during their suspended sentence, the original custodial term will be “activated” and the offender will serve that sentence as well as the sentence for the new offence
24
Q
What is a fixed term (determinate) sentence?
A
Imprisonment for a set number of months or years. Usually automatically released on license after they have served 40% of the sentence then subject to a period of supervision. If offender breaches conditions of release, they may be recalled to prison.
25
What about fixed term (determinate) sentences for some violent, sexual or terrorism related offences?
The offender may not be considered for release until they have served at least 2/3 of their sentence in custody. Then they will be subject to an extended sentence (up to 8 years)
26
What is a life sentence?
Subject to that sentence for the rest of their life. Judge specifies minimum term an offender must spend in prison before becoming eligible for parole (tariff). At the end of that term, the offender can apply to the Parole board for release on license and will only be released if no longer considered a risk to the public.
27
What is a whole life order?
A sentence that means the offender has to spend the rest of their life in prison
28
What is discretion?
When the judge can impose a lesser sentence if more appropriate
29
What’s a community order?
An order that involves imposing one or more requirements which the court can ‘mix and match’ if necessary, reflecting the seriousness of the offence and the offender’s needs
30
In a financial sentence how do the court set the amount?
The amount is set by court after considering the seriousness of the offence and how much money the offender can pay
31
What is a fine?
A sum of money paid to the state
32
What is a compensation order?
Money paid to the victim e.g for injuries or loss or damage to property
33
What is a discharge?
A person is released from court without any further action but they will still get a criminal record, given for the least serious offence
34
What is an absolute discharge?
No punishment is imposed because the experience of going to court is punishment enough (used when offender has technically committed an offence but is morally blameless)
35
What is a conditional discharge?
The court discharges an offender on the condition that no offence is committed during a set period of up to 3 years
36
What happens if an offender commits another crime during a conditional discharge?
They can be sentenced for the first offence and the new one
37
What are lay magistrates?
Ordinary, legally unqualified people can become directly involved in the English legal system
38
Why is the tradition of lay magistrates so important?
- Provides continuity with the past
- Participation of local people administering the law within their community
39
What qualifications (characteristics) do magistrates need to possess?
- Good character
- Understanding and communication
- Social awareness
- Maturity
- Sound temperament
- Commitment and reliability
40
How old do lay magistrate applicants have to be?
18-74
41
How many days do magistrates do a year?
At least 26 half days a year
42
Who is not eligible to apply to be a magistrate?
- People with serious criminal convictions
- Those who have a conflict of interests (e.g police officer, traffic warden, relative on the bench)
- Those with a condition that would interfere with their duties
43
What does the LAC mean?
Local Advisory Committee
44
Which people is the LAC made up of?
Former magistrates and key community leaders (e.g members of charities and local political party leaders)
45
What does the LAC do?
Recruit new magistrates
46
What happens during the two- stage interview process?
At the first interview the panel assesses the candidate’s personal attributes, looking for the 6 key qualities. The interview panel also explore the candidate’s attitudes on various criminal justice issues. The second interview is aimed at testing candidates’ potential judicial aptitude by discussing at least two case studio heard typically at Magistrates court
47
How are magistrates appointed?
1. LAC submits names of suitable candidates to the Senior Presiding Judge for England and Wales (Crime and Courts Act 2013)
2. Candidates appear in court and swear the oath of allegiance
3. Once appointed, magistrates may continue to sit until aged 75
48
What is Early Administrative Hearings?
Remand hearings, bail applications and committal proceedings
49
What is the role of magistrates during a criminal case trial?
Magistrates sit as a bench if 3 and listen to the evidence from the Prosecution and Defence. They retire to make a decision in private and the Legal Advisor offers them guidance on the law. They will give reasons for their verdict
50
Do magistrates give reasons for their verdict?
Yes
51
Who decides matters of fact and who decides matters of law in the Crown Court?
Matters of fact- jury
Matters of law- judge
52
What is the act that sets out the qualifications for a person to qualify for jury service?
Juries Act 1974
53
What are the qualifications for a person to qualify for jury service?
- Aged between 18 and 75
- On the electoral register
- Resident in the UK for 5 years since age 13
54
What makes someone ineligible to serve as a juror?
A mentally disordered person
55
Why might a judge discharge a person from being a juror?
For a lack of capacity to cope with the trial (e.g can’t understand English adequately, or due to a disability that makes them unsuitable like being blind or deaf)
56
Who is excused from jury service?
Full- time serving members of the forces may be excused from jury service if their commanding officer certifies that their absence would be prejudicial to the efficiency of the service
57
What is a deferral?
When someone’s period of service is pushed back to a later date
58
What happens if someone has problems which make it very difficult for them to do their jury service?
They may ask to be excused
59
What does discretion to grant an excusal mean?
The court will only grant an excusal if there is a good reason e.g pregnancy, exams, pre-booked holiday
60
What is the computer selection at the central office that selects random names from the electoral register from the area which the court covers?
Jury Central Summoning Bureau
61
From the jury pool, groups of __ jurors are allocated to individual courtrooms on the day of the case
15
62
Out of the 15 jurors, how many will the clerk randomly select?
12, with the rest available as back up in an important or complex case
63
What does it mean when potential jurors are sometimes *vetted*?
Routine police checks to check suitability. In some exceptional cases, wider background checks might be made on a juror’s background and political affiliations
64
Whose permission do they need to carry out vetting?
Attorney- General’s express permission
65
Before the jurors come into the jury box to be sworn in, what can the prosecution and the defence challenge one or more of the jurors for? (Happens rarely)
- Challenge to the array
- Challenge for cause
- Prosecution right to stand by
66
Explain challenge to the array
Prosecution or defence may challenge the whole jury on the basis it has been chosen in an unrepresentative or biased way
67
Explain challenge for cause
Prosecution or defence challenge right of individual for to sit on jury e.g because of connection with case or incapacity
68
Explain prosecution right to stand by
Allows the juror who has been “stood by” to be put to the end of the list of potential jurors, so that they will not be used in the jury unless there are not enough other jurors
69
What does the jury decision need you to be?
Unanimous if possible, or a majority of at least 10-2
70
What act makes it a criminal offence to break the secrecy of the jury room?
The Criminal Justice and Courts Act 2015
71
What is civil law?
Disputes between individuals or businesses
72
What are the main areas of civil law?
- Tort law
- Contract law
- Family law
- Employment law
- Company law
73
What are the main civil trial courts?
County Court and High Court
74
What does ADR stand for?
Alternative Dispute Resolution
75
What judges is the County Court staffed by?
Circuit and District Judges
76
True or false: most major towns will have a County Court which can try nearly all cases
True
77
What are the three divisions of the High court?
- King’s Bench Division
- Chancery Division
- Family Division
78
What does the King’s Bench Division have jurisdiction to hear?
- Contract and tort cases over £100,000 (£50,000 for personal injury)
- Some complex intermediate/ multi-track cases transferred from the County FINISH THIS WHEN HOMEEEEED PAGE 31
79
What does the Chancery Division do?
Deals with disputes relating to land, wills, companies and insolvency. It can also hear about intellectual property matters
80
What does the Family Division have jurisdiction over?
- Cases relating to children
- Exclusive jurisdiction in wardship proceedings (court custody of a minor)
- Appeals from the Family Law Courts
81
What is pre-action protocol for civil cases?
A list of things the court expects parties to do before a court claim is issued, aimed at encouraging the parties to exchange information about the dispute in the hope it can be settled by negotiation
82
What happens if pre-action protocol is not followed?
The party that has failed to take the required steps may be liable for costs if they do make a court claim
83
How do you start a civil case?
Use the Money Claim Online procedure or fill in a claim form (form N1)
84
What must the claim be to use Money Claim Online?
The claim must be for a fixed amount less than £100,000 and be against no more than two defendants
85
How do you fill in a claim form?
- Claimant fills in brief details of the claim and its value
- The sum of money involved helps to decide which court and track the case follows
- Claimant pays a court fee to issue the claim
- Claim is served on the Defendant
86
What are the options after a civil case has started?
- D can admit the claim and pay the full amount➡️ case is ended
- D can defend the claim by disputing some, or all, of the amount claimed ➡️D must complete an acknowledgement of service form or defence and send it to the court within 14 days
- D may make a possible counterclaim ➡️D must complete an acknowledgement of service form or defence and send it to the court within 14 days
87
What happens if the claim is defended?
The parties complete an Allocation Questionnaire before the court decides on most suitable track
88
What is a Case Management Hearing?
Used by the judge to check both parties are ready with evidence and that they keep to time limits
89
What happens if D ignores the claim?
The Claimant can seek judgment in default
90
What are the tracks?
- Small claims track
- Fast track
- Intermediate track
- Multi-track
91
How much for small claims track?
For claims up to £10,000
Up to £1,500 for personal injury cases
92
How much for fast track?
For claims between £10,000- £25,000
93
How much for intermediate track?
For claims between £25,000- £100,000
94
How much for multi-track?
For claims over £100,000
Or complex cases over £25,000
95
What court are small claims track in and by which judge?
District Judge in County Court
96
What is the representation like in small claims track?
Parties encouraged to represent themselves and they cannot claim the cost of using a lawyer
97
How much time is allocated for small claims track?
2-3 hours
98
Info about witnesses in small claims track
Limited number of witnesses
99
Where do small claims track take place?
Usually heard in private but can be heard in an ordinary court
