Criminal legal system - Sentencing, Police powers and Criminal Courts

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  • Created by: Charlotte
  • Created on: 18-05-14 12:54
What are the main aims of sentencing?
Retribution, Rehabilitation, Incapacitation, Deterrance, Reparation and Denunciation
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Where do the main aim of sentencing come from?
Crimina Justice Act 2003 s142 and Denunciation s142A
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Adult custodial sentences
Mandatory life, Discretionary life, Fixed term, suspended sentence
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Adult community sentences
Unpaid work, curfew requirement, exclusion requirement
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Other adult sentences
Fine, Driving ban, conditionl discharge, absolute discharge
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Youth custodial sentences
Hels at her majestys pleasure, Detention and training, young offenders institute
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Youth community sentences
Unpaid work, curfew requirement, attendance centre, drug rehabilitation requirement
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Other youth sentences
Fine, Conditional discharge, absolute discharge, Parenting order
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How effective are fines?
Not very as there are £500million pound of fines which aren't paid back
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What are the 2 types of deterrence?
General and individual
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Where do police powers come from?
Police and criminal evidence act 1984
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When and where can someone be stopped and searched?
Reasonable suspicion your carrying a prohibited or stolen article an in a public place such as the street, car park or a garden if not yours
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Which section of PACE are stop and search powers found?
Section 1
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Under section 2 (9) what items of clothing can you be asked to remove?
Coat, Jacket and gloves - Terrorism Act 2000 headgear can be removed
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An officer must state his name and station due to what case?
Osman v DPP
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What code stops people being searched based on appearance?
Code A paragraph 2.2
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Are stop and searches effective?
Not really as not many S+S lead to arrest
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What act made any offence arrestable?
Serious organised criminal and police act
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When arresting officers have to decide if it is necessary to arrest the person
No name or address, protect a child, prevent injuy - Neccessity test
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For an arrest to be lawful an individual must understand what?
That they have actually been arrested
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What code states involvment and reasonable grounds are necessary for an arrest?
Code G
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Where do the rights of a detainee come from?
Code C
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How long can you be held in custody?
Starts at 24 hours, extended to 36 hours and indictable 96 hours
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What are the rights of a detainee?
Custody reviews every 9 hours, well lit and ventilated room, legal advice
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Which section of PACE allows for someone to be informed of an arrest?
s56 PACE - right can be witheld if an indictabe offence (36hours)
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What are the rights of someone being interviewed?
Tape recorded and legal advice, lit an ventilated room, offered a seat, breaks every 2 hours, right to silence
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Case to represent why under 17's need an adult with them?
R v Aspinall
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What section of PACE stops evidence being obtained through oppression?
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Safeguards of searches - strip and intimate
No opposite sex can be present, only one half of clothes removed at a time, looking for items that are prohibited, strip search can use reasonable force
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Jurisdiction of the criminal courts
Summary - magistrates - driving and common assault, Either way - both - theft, assault, Indictable - Crown - Murder, Rape
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Criminal Process
Summary - EAH, Either way - Plea before venue, not guilty - mode of trial, defedant chooses trial by, Indictable - starts in magistrates goes to crown
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What are mode of trial proceedings?
Maistrates look at jurisdiction to see if they have power to hear the case based on the seriouness and nature of the crime
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What are commital proceedings?
When a case is heard in magistrates if they feel they don't have the jurisdiction to sentence the defendant the case can be sent to the crown court for sentencing
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Where are the rules for bail found?
Bail Act 1976
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When is bail denied?
Everyone is presumed bail unless may abscond, re offend or interfere with a witness
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No bail when indictable
Crime and disorder act 1998
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Conditional bail
Surety, surrender of passport, curfew, bail hostel
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Criminal Appeals - Magistrates
Mags - Not guilty (appeal for both), Guilty (against sentence) Crown - (circuit judge, furher appeal on point of law) QBDC - used against conviction
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Criminal Appeals - Crown
Defendant appeal on point of law and Prosecution appeal on jury nobbling
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Which act do criminal appeals come from?
Crimina Appeal act 1995
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Card 2


Where do the main aim of sentencing come from?


Crimina Justice Act 2003 s142 and Denunciation s142A

Card 3


Adult custodial sentences


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Card 4


Adult community sentences


Preview of the front of card 4

Card 5


Other adult sentences


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