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Law > The Legal System > Flashcards

The Legal System Flashcards

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1
Q

What is a Summary Offence?

A

This is an offence that can only be tried in the magistrates court and covers the least serious offences. e.g. driving offences, Damages (less £5,000) and Theft (less £200).

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2
Q

What is a Triable either way offence?

A

This is an offence that can be tried in either the magistrates court or a crown court. This is for middle range crimes like ABH, Theft and Assault.

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3
Q

What is an Indictable offence?

A

This is an offence that is tried in only the crown court and covers the most serious offences like Murder, manslaughter and Rape.

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4
Q

What is included in the pre-trial procedure for a summary offence.

A

All/Most driving offences are dealt with by post.

If the D pleas not guilty then they try to get the hearing done as quickly as possible.

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5
Q

What is included in the pre-trial procedure for triable either-way offences?

A

They have a plea to see if the defendant decides if they are guilty or not.

They have mode of trial which decides if the case will be heard in the magistrates court or the crown court.

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6
Q

What is included in the pre-trial procedure of indictable offences?

A

The plea will take place in the Magistrates court.

Legal Aid will also be confirmed if needed at the magistrates court.

If the D pleads not guilty then the case will then be taken up to the Crown court.

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7
Q

What is a tariff sentence?

A

A level of punishment for a certain crime.

They are used for retribution offences and go through:
Category 1- 18 months minimum custody.
Category 2- 26 weeks Not finished

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8
Q

What is the definition of Punishment?

A

The idea that if someone has broken the law they should be punished and receive a sentence that is proportionate to the offence.

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9
Q

What is the definition of Deterrence?

A

The aim of punishment to discourage the offender of criminal acts in the future.

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10
Q

What is the definition of Rehabilitation?

A

The aim is to restore someone to health or normal life through training and therapy after imprisonment, addiction, or illness.

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11
Q

What is the definition of Protection?

A

The public are protected by the offenders and to stop people harming others.

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12
Q

What is the definition of Reparation?

A

To restore the situation that would have existed had there been no wrongful act.

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13
Q

What is the definition of Denunciation?

A

The purpose seeks to ensure that the court communicates that the offending behavior is unacceptable.

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14
Q

What is the introduction to the aims of sentencing?

A

‘Aims’ of sentencing refers to what the magistrates/judge is seeking to achieve when sentencing the defendant. S.142 of the Criminal Justice act 2003 requires judges and magistrates to have regard to the purposes of sentencing.

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15
Q

What are aggravating factors?

A

This is something that increases liability for the crime.

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16
Q

What are mitigating factors?

A

This is something that reduces liability for the crime.

17
Q

What is a custodial sentence?

A

A custodial sentence is the most serious type of sentence. It is also for a fixed amount of time.

18
Q

What is a suspended sentence?

A

a sentence that counts as a custodial sentence however they do not go to prison straight away.

19
Q

What is mandatory life for?

A

A mandatory life sentence is for murder and is the only sentence a judge can give for murder.

The minimum for mandatory life is 12 years.

20
Q

What is a discretionary life sentence?

A

They are for non-murder offences.

Falls under s.18

21
Q

How much of a sentence do most people serve?

A

Half

22
Q

What is the economical reason for not sentencing large numbers to prison?

A

It costs a lot of money to keep prisoners in prison.

23
Q

What is a suspended sentence?

A

A sentence up to 2 years.

24
Q

When should suspended sentences be given?

A

A suspended sentence should only be given where the offence is so serious that an immediate custodial sentence would have been appropriate, but there are exceptional circumstances in the case that justify suspending the sentence.

25
Q

What is a community order?

A

where a person 16 or over is convicted of an offence and is made to; Do unpaid work,an activity requirement, a curfew requirement ect….

26
Q

What is a Lay Magistrate?

A

They do not have any qualifications in law and they have 6 key requirements to meet; Good character, understanding and communication, social awareness, maturity, sound judgement and commitment,

Law (18 decks)

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