criminal law and process'

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  • Created by: lauren
  • Created on: 05-03-13 19:17
what are the two ways a case is brought to trial?
summons or arrest
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what is a Summons?
a legal document ordering the person to attend court,at a specified time, to answer a minor criminal charge.
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what is an Arrest?
(with or without warrant) for more serious offences. a warrant is a document issued by magistrates, ordering the arrest of a named or described individual.
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what are the two Acts which outline powers of arrest without warrant?
PACE- 1984, SOCPA- 2005
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Police can arrest anyone who is..?
about to, in the act of, or has, committed an offence.
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Police can arrest to gain?
gain correct name/address. To prevent- physical damage to property, obstruction of the highway,public indecency. to protect a vulnerable person, to allow prompt investigation.
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Private citizens may arrest when..?
anyone who is in the act of committing an indictable offence. where an indictable offence has been committed, anyone who is guilty of the offence, providing they believe it was not better for a constable to make an arrest instead.
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citizens can only arrest with ..?
reasonable force to detain a person.
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What is the role of the CPS?
advising the police. reviewing cases submitted. determining charges- except minor. preparing and presenting cases in court.
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what are the two things the CPS' decisions are based on?
whether there is sufficient evidence to provide prospect of conviction, whether it is in the public interest to do so.
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The CPS are objective in deciding if...?
a case should be prosecuted, potentially saving time and money
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The CPS are subjective in deciding if...?
they have been involved in the investigation.
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what have the CPS been criticised for?
overspending in administration and lacking independence, having to reply on police for information.
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who makes the decision regarding where a triable case will be held?
magistrates.
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where are duty solicitors found?
at the police station; enables person who has been arrested to receive free legal advice. At the Mag's court; duty solicitor gives free legal advice on D's first court appearance, after charged with criminal offence.
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Who is the duty solicitors scheme funded by?
Legal Services Commission
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what is the evaluation of duty solicitors? (4)
they provide valuable advice free of charge, but representation in court may not be free. in court, advice is not available for minor offences. at police station, advice may be given over phone. criticised for giving inferior service.
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What is meant by BAIL?
defendant is temporarily released from custody until trial. street bail granted by police, or magistrates court, following charge.
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What is the bail act, and what act amends it?
Bail act 1976, amended by criminal justice acts 1988 and 2003.
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what are the four reasons bail may be refused?
defendant failed to surrender. commit further offences. interfere with witnesses. obstruct justice.
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what will the magistrates consider when bail is granted?
the nature and seriousness of the offence. the likely sentence. strength of the evidence. pervious cons, community ties.
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what are the four conditions attached to bail?
surety- a person responsible for you attending court, lump sum of money may be paid, reporting to police station at specified times. residence at address. curfew. restrictions.
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what percentage of trials are heard in the magistrates court?
95%
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Card 2

Front

what is a Summons?

Back

a legal document ordering the person to attend court,at a specified time, to answer a minor criminal charge.

Card 3

Front

what is an Arrest?

Back

Preview of the front of card 3

Card 4

Front

what are the two Acts which outline powers of arrest without warrant?

Back

Preview of the front of card 4

Card 5

Front

Police can arrest anyone who is..?

Back

Preview of the front of card 5
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