Criminal courts and appeals

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  • Created by: bananaaar
  • Created on: 20-02-14 14:54
What is the standard proof in a criminal case?
guilty beyond reasonable doubt. `
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Where is the burden of proof to prove the defendant guilty?
The prosecution
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what is the standard of proof in a civil case?
on the 'balance of probabilities'
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What type of court system is in practise in england?
Adversarial.
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what is the job of the prosecution/defence?
collect evidence and present the evidence.
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What is the judges role?
Investigate and deliver a verdict
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How many magistrates courts in england and wales?
330
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who are cases heard by in the magistrates court?
district judges (qualified) or lay people (unqualified)
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What is the criminal jurisdiction of the magistrates court?
Tries all summary cases, tries triable either way offences, first hearings of indictable offences, side matters concerning criminal cases (arrest warrants/bail), youth courts where D is ages 10-17.
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What is the civil jurisdiction in the magistrates court?
Enforcement orders (i.e. council tax demands, warrants of entry to gas/electricity suppliers), Family matters, e.g. orders for protection against violence. Appeals against refusal of alcohol licence. Child welfare - Children Act 1989
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What type of person must be in the magistrates youth court?
Under 65, with special training to deal with young offenders, and there must be at least 1 female and 1 male.
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What is the magistrates clerk known as?
Legal adviser.
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What must the senior clerk be in the magistrates court?
a barrister or solicitor for at least 5 years.
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What is the role of the magistrates clerk?
Guide the magistrates on questions of law, practice and procedure.
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What does the senior clerks powers allow them to do?
Issue warrants for arrest, extend police bail, adjourn criminal proceedings, conduct Early Administrative Hearings.
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What does disclosure by the prosecution mean under the Criminal Procedure and Investigations Act 1996?
disclose previsously undisclosed material whihc might reasonably undermine the case for prosecution against the accused.
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What does disclosure by the defence mean under the Criminal Procedure and Investigations Act 1996?
A written statement to the prosecution setting out: nature of accused's offence including particular defences, matters of fact which he takes issue with the prosecution, any point of law he wishes to take and case authority relied on.
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What is a plea and case management hearing?
Used to find whether D is pleading guilty or not guilty.
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What is the procedure if D pleade guilty?
Judge sentences D immediately if possible.
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If D pleads not guilty, what matters must be dealt with prior to the trial?
Defence and prosecution identify key facts & law involved in case. Organise actual trial (witness etc)
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What is included in active case management?
early identification of real issues, early identification of the needs of witnesses, timetable set of case,maintaining progress of case & compliance with directions, ensuring evidence is clear, no delays, encouraging pps to cooperate, use of techno.
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What is an indictment?
Document that formally sets out charges against a D. Can be drawn up for any offence that witnesses reveal as well as the original charges.
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Whaat is the objective of the Criminal Procedure Rule 2005?
criminal cases be dealt with justly.
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Other cards in this set

Card 2

Front

Where is the burden of proof to prove the defendant guilty?

Back

The prosecution

Card 3

Front

what is the standard of proof in a civil case?

Back

Preview of the front of card 3

Card 4

Front

What type of court system is in practise in england?

Back

Preview of the front of card 4

Card 5

Front

what is the job of the prosecution/defence?

Back

Preview of the front of card 5
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