Criminal Procedure

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  • Created by: 10dhall
  • Created on: 27-04-17 22:20
What are the categories of offences?
Summary, either way triable, indictable
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Functions of the Magistrate's Court?
Bail applications, remand, preliminary/initial hearings, issuing warrants for arrest/search, mode of trial proceedings, either way offences and summary
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Crown Court functions?
Bail in murder, indictable offences, sentencing and appeals from the Magistrate's Court
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The Youth Court functions?
10-17 year old, 10 year old is age of criminal responsible, murder or manslaughter, serious offences, death by dangerous driving/drink/drug driving, joint with an adult on indictment
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Functions of the Crown Prosecution Service Functions?
Advising police on causes for prosecution, reviewing cases submitted by the police, preparing and presenting cases in court
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Powers of the Magistrate's Court in sentencing?
6 months for 1 offence, 12 months for 2 offences, £5,000 fine
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Stages of the Mode of Trial Procedure?
1) Charge is read out by the Justice Clerk 2) Clerk ensures the D knows he can see the P's evidence against him 3) Asks for the D's plea 4) P and D make their representations
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What do the Court take into consideration in mode of trial?
The representations made, the nature of the offence, how serious it is, the range of punishments needed
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Advantages of being sentenced in the Magistrate's Court?
Quick, cheap, lower sentences, local
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Disadvantages of being sentenced in the Magistrate's Court?
Inconsistent sentencing, middle class Magistrate's who are prosecution minded
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Advantages of being sentenced in the Crown Court?
More in depth analysis, better judges, better funding, jury, greater consistency
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Disadvantages of being sentenced in the Crown Court?
Higher sentences, more expensive
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Committal proceedings (either way offences)
The court determines if there is sufficient evidence for a Crown Court trial, D can apply for the charges to be dismissed before papers go to Crown, court can confirm/drop/substitute the charges
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What happens in a Crown Court trial?
P outlines the case against D, P witnesses, D cross examines the P witnesses, D's lawyer outlines case, D's witnesses called, P cross examines, P D and Judge sum up case, jury reach verdict, sentencing takes place
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Why do we need appeals?
Miscarriages of justice, witnesses can be unreliable, judge/jury mistakes, abuse of power, faith in the system
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What appeal basis can a Prosecution use?
Lenient sentences, jury tampering, double jeopardy
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Flaws in the system?
Delay, offending while on bail, confusing appeal routes, miscarriages of justice, inadequate case preparation
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Other cards in this set

Card 2

Front

Functions of the Magistrate's Court?

Back

Bail applications, remand, preliminary/initial hearings, issuing warrants for arrest/search, mode of trial proceedings, either way offences and summary

Card 3

Front

Crown Court functions?

Back

Preview of the front of card 3

Card 4

Front

The Youth Court functions?

Back

Preview of the front of card 4

Card 5

Front

Functions of the Crown Prosecution Service Functions?

Back

Preview of the front of card 5
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