The Legal System And Criminal Law 🚓 Flashcards
What are the courts of first instance?
Crown
|
Magistrates
What is the order of the criminal court?
Supreme Court
court of appeal
High court-(Kings bench division)
Crown
Mag
How does an appeal in fact to go through the criminal courts?

court of appeal (fact or law)
crown ->fact or law
Magistrates
How does an appeal on law go through the criminal courts?
Supreme Court
Court of Appeal
High court - kings bench division
magistrates
What are the two courts of appeal in the criminal court?
Supreme Court and High Court -Kings bench division
What does a magistrate find verdicts for?
Tribal either way
What is the limit sentence That a magistrates can give ?
12 months
What is the procedure for indictable?
You’re put in police custody for two hours but that time can be extended if the magistrates approve
then they decide if you should be put on bail - Which is a sign if their is a risk
and charged if there is enough evidence
Then CPS - crowns protection service takes over and barristers look over your case
however if the offences are too severe may decide on bail again with conditions
then you have your court appearance
What is the procedure for summary crimes?
Summons - your summons to court on a specific date for minor charges - If you fail to Go your face more charges someone’s through the posts are fine
if you dispute it you have to go to court
What are the two different instances in bail?
police bail
Givens police power - pre charge
Can only keep you on bail for 28 days. See if they have enough evidence
Court bail- covers power of mag
Before and after charge to see whether it’s right to issue arrest warrants or search warrants
Go through the eight marker bail (court )
Act
Section
restrictions
factors to consider
conditions
The Court bail is under the bail act 1976
In S.4 States that the starting point everyone is allowed bail
Automatically not allowed bail if you believe you will have to surrender To custody
committed an offence on bail reasonably believe you may interfere with the witnesses or pervert the course of justice
serious offences previous serious offences
offences is connected the class a drugs test to take drugs assessments
Factors to Consider
seriousness of the offence
Past criminal record
strength of evidence risk to public
You have been in bail before if you meet the requirements you’re let out
Surrender passport
Curfew electronic tagging avoid area bail hostel regular police station appointment
Surety - Pay for bail in America 🇺🇸
Choose who pays for it if you fail to turn up to court and ensure you turn up otherwise you’ll be find

Is the procedure for tribal either way crimes before court?
First point case- starts in magistrates or crown
If start at Mag - deal with preliminary matters
check names address representation and bail
Plead before venue - Defendant plea
If plead guilty Magistrates have to decide if they have mode of hearing the sentencing powers to hear your case
If not send to crown for senatcing
Kept in mag for 12 months
If Magistrates have the sentencing powers you will receive your sentence or wait for sentencing report
- which is dependent on your financial background or home situation
If you plead not guilty You are made for trial hearing in magistrates if they decide to have the power to hear your case
if not the sent to Crown Court takes longer if they do have the power
def can choose which court they want to go to
You can be put to trail for 12 months maximum in the magistrates - 3 magistrates and be fined up to £500
In Crown Court- hear by jury sentence devisees but judge they have a full power to give you the maximum sentence or the maximum fine which is unlimited
if you have a jury specific to that case there’s more acquitted- More likely to be found not guilty
listen to evidence a decision by either magistrates or jury
Appeal
Where do we get appeals from?
Magistrates
What happens if your appeal is based on fact?
Case goes to Crown Court
and it’s heard by Judge into magistrates only against verdict or sentence only
and if appeal is only done by defendant
What kind of sentences in mag not exceed and why?
The sentences in Crown Court cannot exceed magistrates power 12 months
Because limited to the mag maximum
What is the appeal process ?
In magistrates court - appeal to the Crown Court defence - against sentence heard by Judge
magistrates court can decrease sentence but never go against it in
law - go Kings bench division by three High Court judges- have is a great general public importance Crown Court leave
for appeal- success criminal appeal act - retrial with a a new JerryThe final few appeal can be against sentence
is awarded is unduly lientent
Where does the appeal from the Kings bench division is go to And what must it be?
Goes straight to Supreme Court
must be important point of law of general public importance
If you appeal from the Kings bench division what do you have to get and what must the judges think?
Have to get leave for appeal
judges must think you have a genuine chance of success
What is the process of appeals if it’s the defendant in Crown Court FACT?
Defendant of appeal in fact,COA against verdict of sentence
heard by three judges
leave for appeal - criminal appeals act 1995 leave? - genuine chance of success
COA can change verdict but it but can never increase the sentence
court of appeal can also order a retrical where decisions is unsafe
How does appeals my prosecution go? LAW ?
Can you put on verdict if there is a new complete evidence of guilt or jury nobbling bribery 
When can prosecution only appeal sentences?
If they are in duty lenient
R V Thomas Venables
What are the aims in sentencing MENT to do what section ?
s . 141 Criminal justice act - lays out the main aim is that a Sentencing may achieve 
What is the first aim of sentencing? Eg?
Aim is to do Retribution - punishable wrongdoing- eye for an eye - sentencing guidelines allow for proportionate sentences to crime committed
Murder - mandatory life sentence
What is the Second aim of sentencing eg?
Protecting the public
put dangerous individuals in prison
revoke driving
curfews
What is the third aim of sentencing?
Rehabilitation- safe to be in society main aim for all young offenders
change the offending behaviour
AA
NA
financial courses
What is the fourth aim of sentencing?
deterrence set a harsh punishment to deter the individuals or society as a whole
R V Robinson
What is the fifth aim of sentencing?
Reparation- Sentences Should repay the victims of society
Apologies
fine community service restorative justice
What are the types of sentences and what section of this go under?
S. 142
Custody prison mandatory life murder discretionary licenses to go back up to life manslaughter
S.18 GBH fixed term sentence Half the time in prison half the time in community increases in commit serious offences in prison
Short term sentence - Under six months
Suspended - only go to jail if you done something else wrong two years
maximum community sentences -unpaid work max 300 hours
curfew
electronic
tag driving awareness course activity requirements
fine- £5000 max in magistrates
Discharge- conditional (no sentence ) or absolute (accidental or no more blame ) 
What are the factors affecting sentencing? What section does this go under ?
S .143 First factor is how serious the crime is of its type
( Factors of sentencing eight marker )
what is a aggravating factor and what are some examples?
aggravating factor- makes sentences larger
Perverting the course of justice intoxication
age vulnerability
weapons
previous
public sector victim
hate crime
on bail
no remorse
( Factors that affect sentencing eight marker)
What is the name of the thing tHat makes lesser sentencing and what are some examples?
Mitigating factors - early plea
mental health
offences committed under pressure family impact
age of defendants
compliance with police
First offence
12 marker
How do you Evaluate current sentencing
We look at current reoffending rate police crime plus sentencing act
Fixed term sentence from half to 2/3
Overcrowding in prison type of present issues with community sentences women in sentencing UK 92% of offenders are men
argued that the CJS are too Lenient females- chivalry thesis family issues lower sentences
faucet society - females c ommit suicide in prison
Most female offenders are from loan parent families- community measure more accurate?
What are the 7 pros and 6 cons within evaluate magistrates 12 marker?
Pros- 1. public confidence - public like to the aspect of being trialed by peers fairer way to make decision
- Removes any bias from legal involvement no police
- Cost eliminates that to replace Magistrates with the judge would cost over £100 million per year
- More representative - advisory committees appoint on basis of need to balance the bench better represented in terms of gender gender ethnicity and disability 51% females 13% BAME disabled
- Training improved - training 12 to 18 months of training by judicial college less reliant Clerk as previous
- Local knowledge - magistrates sense local area aware of problems easier to tackle Paul V DPP
- Decision making- very few appeals from magistrates shows that they are making good decisions easier 90% of defendants plead guilty
5000-2 mill cases
Cons
Issues- 1. under 1% of magistrates are under 30 not representativeJudged by older generations - 40% of magistrates have managerial all jobs have retired most of magistrates a professional backgrounds out of touch with offenders
- Mag become case hardened hear so many cases empathy and principle of equity
Leads to a bias towards police evidence (ex parte jewitt )90% conviction rate - Training argue that it will still be An over reliance on a clerk especially in complex cases
- Local knowledge beginning to fade due too drastic court closures small towns have lost all their courts
- Media portrayal - individuals do not face a fair trial because laypeople to easily swayed by the media
What is the mag 8 marker for selection?
No legal qualifications
Have to be a uk citizen
18-16 retire at 70
5 key qualities needed
1. good character ( no convictions )
Good communication and understanding
Social awareness- need to know what’s going on in the world
Maturity - sound temperament
Sound judgment
Reliability or commitment - days
Applying - application can be done online or in court
Selection of mag - governed under s.10 court act 2003
Not allowed to be a mag if you have specific legal profession
-Police armed forces
Application - read by advisory committee- consists of mag and local authority
- You will be vetted - chevalier that there are no local meme verses serving in local area
- Interviewees - AC might not accept u as they need to balance the bench - reflect local community and diversity
If you pass the interview- recommend to lord chancellor- considers your suitability they will appoint
S.11 if you do something wrong you can resign at anything
Removed form incapacity misbehaviour of failing to meet competence
What is the training required for mag ?
S.10 have to undertake period of training - prescribed by lord chancellor and provide my judicial collage
Clerk of court carries out training
Based on competence - makes you competent for role
Stages of training - introductionary trading - understand role and expectations of becoming mag mentor - 6 meetings over 12-18 months period
- Core training - wider picture of CJS visit prison probation workbooks gain wider knowledge on your role
- Consolidation training - personal needs sitting and observing cases
- Ends with appraisal - 18 months - judge on your competence to be a mag
- Contribution training - updates on the law and role usually 3 years + appraisal
Extra - family youth group - chairman of bench
8 marker of role for mag ?
Mag - hear summery cases
decide on verdict - and if it’s suitable- sentence
Listen to evidence in trail- allowing opportunity for both subjects to present case
Max sentence- 12 months - fine and community
Mag- TEW cases - determine mode of hearing - have power to hear case?
if not send to crown
Mag deal with preliminary matters for indictable before sending to the crown
Mag issue - arrest + search warrants
Positives - decide on bail under the bail act 1976
Mag hear appeal as on crown court based on fact sit with a Judge
Sit on family matters youth court
Attend bench meeting
What is the 8 markers for Qualification? )( jury )
No legal qualifications
18-75 (increased the age from 70)
Criminal justice+ court act 2013
Must be on Electoral register
Must be a British citizen
Disqualify - factors that may disqualify the jury -
If summary crime was a long time ago it’s okay
If have been imprisoned for more than 5 years
On bail
Last 10 years have served community sentence
Not allows to serve if connected to case
Excused from jury service - full time military- criminal justice act 2003
Allows police and legal professionals as long as there is no bias (Rv Green) - expected to act like a normal cause
compulsory
Cannot stop jury service
Fined up to 1000 can defer jury service to a cater date once
Access to Justice - What are the three main problems problems people have when seeking legal advice?
Cost
Lack of knowledge
Fear of dealing with lawyers
ATJ- what did lord Darling say about people not getting the help they need ?
The law courts of justice are open to all men like the doors of the Ritz hotel
What are the two things needed in place for criminal offences?
Actus Reus - guilty act - need to commit a criminal act
and Mens Reus - have guilty mind and content
What do the acts have to be for actus reus ?
What are the 5 areas ?
What do we have to prove in result?
Criminal -
Conduct crime - the conduct amounts to the offence eg theft
Result - result of conduct amounts to the offence eg Murder - prove causation - D caused outcome
State of affairs - stare of being Defendant puts themselves in position to commit - under the influence
Illegal alien - immigrant
Omission - failure to act - criminal liability to rare circumstances- close fam
Assumed reliability creat dangerous
Exceptions - strict liability- actus reus is enough - environmental laws
What’s the second thing we look at in actus reus ? 4)
- Causation in fact - we look at the but for test if we remove defendant and act does not happen they are not guilty - conduct - R v White
- Legal - operations and substantive cause - R v Smith main cause of death - blood loss of stab
- Intervening acts - breaks chain of causation if un foreseeable
R V Padgett - act of 3rd party
R v Roberts - Victims own acts can intervene
R v Jordan - palpably wrong (medical treatment)
R v Dear - V does not normal break chain of causation
Thin Skull rule - R v Blave - take victim as you find them
What are the two types of intent for Mens Rea?
What section is oblique certainly in ?
1) direct intent - decision to bring prohibited consequence
2) oblique intent - only in murder and GBH section 18 - don’t directly want consequences but it’s a virtual certainty
When is oblique intent only used ? Case for Oblique intent ?
If there is no direct intent R v Woolin
R v Matthews + Alleyne
What is the third type of intent for mens rea ?
Recklessness intent - deliberate risk taking - aware of consequence but take on risk regardless
R V G+ R overruled R V Cordwell - obj to subjunctive
R V Cumminghum
What are the 5 types of mens Rea ?
Direct intent - when individual brings about the prohibited consequence
Oblique Intent
Recklessness
Transferred malice
Coincidence
What is the fourth intent in Mens rea ?
Transferred Malice - Mens rea can transfer to Intended victim to actual victim R v Latimer R v Mitchel
What is the fifth intent for Mens rea ?
What are the principles for the two cases ?
Coincidence- AR and MR should happen at the same time for same offence R V Taaffe
Fagan V MPC - continuing act principle if 2 acts occur you can consider them together- run over accident but not move ? GUILTYY
R V Thabomeli - Transaction theory- series of acts that can be considered as one transaction
Explain the 8 marker for regulation as a Barrister
- Barristers are general council of bar - act like a trade union - support barristers welfare
Main regulators - bar standard board - set out training and disciplinary
Client can complain to bar standards and sue for negligence ( Hall v Simmons )
What kind of offence is murder ? Who said this ?
A common law offence offence - LJ Coke
What is the definition of murder?
The unlawful killing of any reasonable person in being under the kings peace with malice a forethought express or implied
Go to civil courts for actus reus and mens rea for murder 😙👍
What is the 8 marker for jury’s selection?
- Juries are Lay people meaning that they do not need any legal qualifications
Need to be 18-75 Criminal justice and courts act 2015
May need to be dismissed if been sentenced to prison for more than five years
or if you’ve had a criminal sentence in the past 10 years
or if you’re mentally incapable
excuse if you full-time military personnel
or if legal profession such as the police, no.
If you cannot attend jury service may apply for discretionary excusal which postponed your duty to a later date
- only once
- Start at crown court - advisor collates how many junor courts needed for 2 week period
3 . Is given to juries central summoning bureau send a summon randomly select form electoral register
- vetting check - deferrals or excusals - always ask for more Jurors than they need (12)
5) court day allocated to court room
6) challenges get taken to jury 3
A) Challenge to the Array - dismiss the whole jury due to bias if all males ? Unrepresentative - R V Fraser / R V Ford - Ethnicity
B) for the cause - dismissed due to jury’s bias - Provides a genuine reason why Juror cannot sit- R v Sprason - known case before
Prejudice
C) prosecutions right to stand - prosecution does not need to give a reason- juror to back of the line - mental health no reason? Rare circumstances
