English Legal System and Law making - Paper 1 (Criminal Courts)

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What are the two main criminal courts?
magistrates + crown courts
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What are the other courts called that deal with criminal cases and some civil cases?
appeal courts
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What are the three types of offences in the magistrates + crowns courts?
summary

triable either way

indictable
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What is a summary offence?
least serious offence
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Where is a summary offence tried?
magistrates court
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What are some examples of summary offences?
assault, battery
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What is a triable either way offence?
middle range offence
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Where is a triable either way offence tried?
magisrates / crown court
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What are some examples of triable either way offences?
s47 ABH, s20 GBH, theft
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What is an indictable offence?
most serious offence
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Where is an indictable offence tried and by who?
crown court by jury
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What are some examples of indictable offences?
ss18 GBH, murder, manslaughter, robbery
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What is the pre trial procedure for a summary offence?
Dealt with in magistrates court at first appearance

Porceedings adjourned for evidence, advice or pre sentence reports

Bail may be requested

May be represented free of charge (once)
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What will happen if the defendant pleads guilty to a summary offence after the pre trial procedure?
magistrates pass sentence
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What will happen if the defendant pleade not guilty to a summary offence after the pre trial procedure?
trial heard + decided by magistrates, and prosecution have to prove guilt
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What are the pretrial procedures of a triable either way offence?
begin in magistrates court where the defendant please guilty / not at the Plea Before Venue hearing

bail and funding discussed at any time
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What happens if the defendant pleads guilty to a triable either way offence after the pre trial procedure?
magistrates hear case facts and decide whether they have sentencing powers, if not they send case to crown court
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What happens if the defendant pleads not guilty to a triable either way offence after the pre trial proecure?
mode of trial hearing - hear case facts and accept or refuse trial
if magistrates accept then the defendant can go to crown court but if they do not the trial is heard in the crown court and the defendant has no choice
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What are the pre trial procedures involved in an indictable offence?
begin in magistrates court for Early Administrative hearing which deals with paperwork e.g. bail

case sent to crown court for Plea and Directions Hearing
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What happens if the defendant pleads guilty to an indictable offence after the pre trial procedure?
adjournement before sentencing for pre sentence reports to be written
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What happens if the defendant pleads not guilty to an indictable offence after the pre trial procedure?
adjournement before trial and funding + bail can be discussed
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How many magistrates courts are there in England and Wales?
approximately 240
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What does the bench consist of that hears the cases?
3 magistrates - qualified district judges or lay magistrates
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Who do magistrates also have assisting them?
legally qualified clerk
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What percentage of all criminal cases are heard in magistrates courts?
97%
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Which offences do magistrates courts try?
all summary + some triable either way
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How do magistrates hear cases?
first instance
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What other offences do they also deal with the first hearing of?
all indictable offences
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What can magistrate courts issue warrants to the police for?
search + arrest
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What applications do they also decide?
bail
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Where can specially trained magistrates also try defendants?
youth court (offenders are ages 10-17)
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What are the sentences magistrates can pass?
2 x 6 months imprisonment and / or £5000 fine
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What does LASPO 2012 allow magistrates to do?
issue unlimited fines for specified level five offences e.g. sale of alcohol to children
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What other matters might magistrates courts deal with?
civil matters e.g. enforcing council tax demands
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How many crown courts are there in England and Wales?
92
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How many cases do they deal with annually?
approximately 80,000
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Who presides the court and what is their role?
judge - decides sentencing
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Who else sits in the crown court and what is their role?
jury - decide upon verdict
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Which offences does the Crown Court hear?
all indictable and some triable either way
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What other work including the magistrates court does the crown court deal with?
appeals
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What appeals are made to the crown court?
magistrate court appeals
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Who joins the crown court when hearing these appeals?
two lay magistrates
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What does the defendant automatically have to have the case heard entirely?
right to appeal
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What option do judges have when hearing an appeal from the magistrates court to the crown court? - conviction
confirm, reverse or vary
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What option do judges have when hearing an appeal from the magistrates court to the crown court? - sentence
confirm, increase or decrease
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What appeals are heard in the court of appeal?
appeals from the crown court
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What must be given to the defendant in order to appeal to this court?
permission by a judge
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What rare circumstances allow the prosecution to appeal to this court?
jury or witnesses have been bribed or intimdated
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What option do judges have when hearing an appeal from the crown court to the crown court? - appeal + conviction
confirm, quash, dismiss
vary or order retrial
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What option do judges have when hearing an appeal from the crown court to the crown court? - sentence
confirm or decrease
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What appeals do the queens bench division hear?
criminal appeal cases
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What must the raised point be of?
point of law has to be questioned
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Who decides on the fact of the case?
administrative court
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More usually, who is the case sent to?
panel of 2 high court judges
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What can the judges do?
confirm, vary, reverse or remit case
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What two groups of people does the supreme court hear appeals from?
prosecution or defence
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What must the raised point be of?
point of law of great importance
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What are some examples of cases like this?
C v DPP
R V Gnango
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What is the route of appeal if the case started in the magistrates court?
first option) magistrates court ->
crown court ->
court of appeal ->
supreme court ->

second option) magistrates court ->
queens bench division (high court) ->
supreme court ->
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What is the route of appeal if the case is initially decided in the crown court?
Crown court ->
Court of Appeal ->
Supreme court
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What are the 5 aims of sentencing?
Deterrence,
Retribution,
Public Protection,
Reparation,
Rehabilitation.
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What is the aim of sentencing someone with deterrence?
put off offender (individual deterrence) or others (general deterrence)
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What is the aim of sentencing someone with retribution?
revenge / punishment.
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What does s2(2) of the Criminal Justice Act 1991 state about the punishment given to the offender?
punishment should reflect severity of crime
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What is the aim of sentencing someone with public protection?
prevent offender from harming public, especially from violent / sexual crimes
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What is the aim of reperation as a form of sentencing?
give back to victim (compensation) or community (unpaid work)
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What is the aim of rehabilitation as a form of sentencing?
reform offender and cure his criminal behaviour
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What effect might aggravating factors have on the judge's decision?
Make the judge pass a harsher sentence
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Give examples
seriousness of offence, vulnerable victim, previous similar convictions, breach trust, use weapon, racial abuse, bail, premeditated
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What effect might mitigating factors have on the judge's decision?
Make the judge pass a more leniant sentence
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Give examples
cooperation with police, young defendant, no previous convictions, mental/physical illness, remorse shown, early quilty plea, attempts to compensate the victim
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What are the four types of sentencing?
Imprisonment,
Community Sentence,
Fine,
Discharge.
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What is imprisonment and when is it used as a sentence?
Most serious sentence where the defendant is deprived of their freedom and will be given when nothing else is sufficient
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How is the maximum term set out for imprisonment?
Set out in relevant statute
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What are some options for community sentence as a type of sentence?
Probation - community rehabilitation order

Unpaid work - community punishment order

Curfew order
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What is a fine as a type of sentence and what must it take into account?
Most common sentence
The defendant's finances
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How much can magistrates fine someone?
maximum of £5000
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Where is the maximum amount set out?
max for an offence given in statute
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What is discharge as a sentence?
the defendant is free to go
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What is discharge with conditions attatched called?
conditional discharge
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What is discharge with no conditions attatched called?
absolute discharge
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How many lay magistrates / justices of the peace work in England and Wales?
Approximately 17,000
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Are there any special qualifications needed to be a magistrate?
No
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What are the 6 formal requirements in becoming a magistrate?
- aged 18-65 on appointment and must retire at 70
- british, irish or commonwealth citizen
-in good health
-live close/in area of court
-have satisfactory hearing
-able to sit for 26 half days a ye
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Other cards in this set

Card 2

Front

What are the other courts called that deal with criminal cases and some civil cases?

Back

appeal courts

Card 3

Front

What are the three types of offences in the magistrates + crowns courts?

Back

Preview of the front of card 3

Card 4

Front

What is a summary offence?

Back

Preview of the front of card 4

Card 5

Front

Where is a summary offence tried?

Back

Preview of the front of card 5
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