Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
40 Cards in this Set
- Front
- Back
What is a summary offence and where should it be tried?
|
A summary offence is the least serious type of offence and should be tried in the Magistrates Court
|
|
What is an either way offence and where might it be tried?
|
An either-way offence is mid-range seriousness and can be tried in either the magistrates court or the crown court
|
|
What is the name of the process used to determine where an eitherway offence will be tried?
|
Mode of trial
|
|
Who decides where an either-way offence should be tried
|
The magistrates and/or the defendant
|
|
Who decides the verdict in trials for indictable offences
|
A jury
|
|
What is a summons ?
|
A document ordering a person to attend court at a prescirbed date/time
|
|
What are the differences between the circumstances under which a police officer and those where other citizens can?
|
Police officers can arrest if they have a reasonable belief that a person is about to/ is in the process of/ has committed an offence.
A private citizen can arrest if they have a reasonable belief that a person is about to/ in the process of committing an indictable or triable-either-way offence |
|
In which court does a jury sit?
|
Crown Court
|
|
What crimes would a jury hear?
|
Triable either way offences (theft) or indictable offences (murder)
|
|
Which body is responsible for prosecuting crimes?
|
The CPS
|
|
What is a duty solicitor and where might you find one?
|
A duty solicitor gives free advice to someone in a police station or before their first trial in a magistrates court
|
|
What are the procedural differences between the cases of minor theft and minor motoring offences?
|
Theft is a triable-either-way offence and so would be tried in either a magistrates or a crown court. A minor motoring offence is a summary offence and so would be tried in a magistrates court
|
|
What does rehabilitation mean?
|
Rehabilitation means to assist in the reform of the offender
|
|
What is a youth court and what types of cases does it hear?
|
A youth court is for defendants aged 10-17 and will hear all but the most serious crimes, for example murder.
|
|
What maximum reduction in sentence can be given for a early guilty plea?
|
1/3 if made at the earliest opportunity and 1/10 if made at the first trial
|
|
What does bail mean and who can grant it?
|
Bail is personal freedom until the trial and can be granted by either the police or the magistrates court
|
|
What conditions may be placed on bail?
|
A surety - someone who's job it is to ensure the person attends court and may have to pay a fine if not
A curfew - may be enforced by electronic tagging |
|
An appeal from the magistrates court on a point of law will be heard in which court?
|
High Court (QBD)
|
|
An appeal from the crown court against conviction will be heard in which court?
|
Court of appeal (criminal division)
|
|
What does CPS stand for?
|
Crown Prosecution Service
|
|
What is the maximum sentence available in a magistrates court trial?
|
6 months imprisonment and/or £5000 fine
|
|
If the magistrates decide their sentencing powers are insufficient what can they do about it?
|
They can send the case to the crown court
|
|
Where would a 16-year-old serve a prison sentence?
|
Young Offenders Institutions
|
|
What does mandatory mean, and what is the opposite of a mandatory sentence?
|
Mandatory means something you have to do (i.e. life imprisonment if found guilty of murder). The opposite of a mandatory sentence is something you can change depending on circumstance (discretionary)
|
|
What is the highest UK appeal court and what are the names of the judges who sit there?
|
Supreme Court (formerly known as the House of Lords). People who sit there are called Justices of the Supreme Court
|
|
What is the name of the Act of Parliament that governs powers of arrest?
|
Police and Criminal Evidence Act 1984 (as amended Serious and Organised Crime Act 2005)
|
|
Name a summary, a triable-either-way, and an indictable offence.
|
Summary – Motoring Offences
Either-way – Theft Indictable - Murder |
|
How does trial in a Youth Court differ from an adult trial?
|
Trial in a youth court is a lot less formal, with less formal language used (so the defendant can understand) and no formal outfits are needed; they may intimidate the defendant. There are also specially trained magistrates, with at least one of each gender and a youth offending team will get involved. No press are permitted.
|
|
What is the role of the judge in the crown court?
|
Decides the sentence
|
|
Why might a defendant choose trial by jury rather than by magistrates?
|
Juries are less prosecution minded and are more likely to be sympathetic and acquit the defendant
|
|
Why might trial by magistrates be chosen over a jury trial for either-way offences?
|
Magistrates have less sentencing power, so the sentence will be less severe.
|
|
Where does the defendant sit, in the Magistrates Court?
|
At the side, on the far right
|
|
What are the five aims of sentencing?
|
Retribution
Rehabilitation Deterrence Reparation Protection of society |
|
What are the four main types of sentence?
|
Custodial Sentence
Community Order Fines Discharge |
|
What is a court of first instance?
|
A court of first instance is where a trial is first held
|
|
Is a Magistrates Court a court of first instance, or an appellate court, or both?
|
A court of first instance
|
|
Is the Crown Court a court of first instance, or an appellate court, or both?
|
Both
|
|
Name three aggravating factors in sentencing?
|
Vulnerable victim
Use of a weapon Previous convictions |
|
Name three mitigating factors in sentencing?
|
Age of offender
First offence Offender shows remorse |
|
What does the acronym PACE stand for?
|
Police and Criminal Evidence Act
|