Criminal Courts Flashcards

?
  • Created by: goliver3
  • Created on: 05-05-17 09:47
What are three things Magistrates do?
Any three: try summary cases, try some triable-either-way offences, deal with preliminary hearings, issue warrants for arrest, decide bail applications, try cases in the youth court
1 of 18
How many tiers does the Crown Court have?
Three - first tier, second tier, and the third tier
2 of 18
Who staffs first and second tier Crown Courts?
High Court judges, Circuit judges, and Recorders
3 of 18
Who staffs third tier Crown Courts?
Circuit judges and Recorders
4 of 18
What are the three classifications of offences?
Summary, triable-either-way, and indictable
5 of 18
What is an example of a summary offence?
Driving offences, common assault, criminal damage under £5000
6 of 18
What is an example of a triable-either-way offence?
Theft, actual bodily harm
7 of 18
What is an example of an indictable offence?
Murder, manslaughter
8 of 18
When may the defendant request to be heard by a jury?
When they have committed a triable-either-way offence and plead not guilty
9 of 18
Where do appeals from the Magistrates' Court normally go?
The Crown Court (only available for the defence)
10 of 18
What is a case stated appeal?
An appeal on a point of law from either the defence or the prosecution which goes to the Queen's Bench Divisonal Court
11 of 18
Where do appeals from the Queen's Bench Divisonal Court go to?
The Supreme Court, but only if there is a point of law of general public importance
12 of 18
What is a case where an appeal went to the Supreme Court?
C v DPP (1994)
13 of 18
Where do appeals from the Court Crown by the defendant go to?
The Court of Appeal (CoA)
14 of 18
What does the Criminal Appeal Act 1995 state?
That the CoA shall allow an appeal against conviction if they think that the conviction is unsafe and shall dismiss such an appeal in any other case
15 of 18
When can the prosecution appeal from the Crown Court?
If the trial judge gives a ruling on a point of law which effectively stops the case against the defendant, they may appeal (Criminal Justice Act 2003)
16 of 18
When can the prosecution appeal against an acquittal by jury?
If the acquittal was a result of jury 'nobbling' or there is new evidence and it is in the public's interest for the defendant to be retried
17 of 18
Can appeals from the CoA go to the Supreme Court?
Yes, if they consider a point of law of general public importance
18 of 18

Other cards in this set

Card 2

Front

How many tiers does the Crown Court have?

Back

Three - first tier, second tier, and the third tier

Card 3

Front

Who staffs first and second tier Crown Courts?

Back

Preview of the front of card 3

Card 4

Front

Who staffs third tier Crown Courts?

Back

Preview of the front of card 4

Card 5

Front

What are the three classifications of offences?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all The Criminal courts and lay people resources »