Law Key Words ELS📓(Criminal Court System)-NOVEMBER EXAM TOPIC FOCUS Flashcards

1
Q

Criminal Law

A

A crime is a wrong against the State either by commission or omission that is classified by the State as criminal and one to which a punishment has been attached.

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2
Q

Codification of the Criminal law

A

Our criminal law is found in numerous statutes and in common law. It can be difficult for lawyers to find the law and keep up-to-date let alone lay people.

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3
Q

Magistrates Court

A

Deals with least serious Criminal offences

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4
Q

Crown Court

A

Deals with most serious Criminal offences

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5
Q

Summary offences

A

For example: most motoring offences. minor criminal
damage. common assault (not causing significant injury)

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6
Q

Triable either way

A

A criminal offence which can be tried in either the magistrates’ court or the Crown Court

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7
Q

Indictable offences

A

An offence of a more serious type, and is usually tried in the Crown Court.

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8
Q

Case stated appeals

A

an appeal to a superior court on the basis of a set of facts specified by the inferior court for the superior court to make a decision on the application of the law to those facts.

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9
Q

Leave to appeal

A

Permission granted to appeal against the decision of a court.

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10
Q

Referring a point of Law

A

Attorney General has the power to seek the opinion of the Court of Appeal on a point of law which has arisen in the case, section 36 (1) Criminal Justice Act 1972 (CJA 1972).

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11
Q

Retribution

A

punishment inflicted on someone
as vengeance for a wrong or criminal act.

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12
Q

Rehabilitation

A

changing an offender’s behavior to prevent future crime for example by requiring an offender to have treatment for drug addiction or alcohol abuse.

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13
Q

Reparation

A

or example, by the payment of compensation or through restorative justice. Restorative justice gives victims the chance to tell offenders about the impact of their crime and get an apology.

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14
Q

Protection of the public

A

from the offender and from the risk of more crimes being committed by them. This could be by putting them in prison, restricting their activities or supervision by probation.

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15
Q

Deterrence

A

by preventing the offender from committing more crime and putting others off from committing similar offences.

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16
Q

Mandatory life sentence

A

Judges must give a life sentence to all offenders found guilty of murder. The judge sets a minimum term an offender must serve

17
Q

Fixed term sentence

A

A determinate prison sentence is where the court sets a fixed length for the prison sentence.

18
Q

Suspended prison sentence

A

This means that the offender does not go to prison immediately but is given the chance to stay out of trouble and comply with up to 13 requirements set by the court.

19
Q

Community Orders

A

A Community Order should generally be imposed in cases too serious to be dealt with by either a fine or a discharge but not serious enough to for a custodial sentence.

20
Q

Prohibited activity requirement

A

The offender is required to refrain from a specified activity or activities for a specified period.

21
Q

Curfew requirement

A

People must stay indoors, usually at their home, for the curfew period. They will wear a tag to monitor them.

22
Q

Fine

A

is a penalty of money that a court of law or decides has to be paid as punishment for
a crime or other offence.

23
Q

Conditional Discharge

A

This means that, if the offender commits another crime, they can be sentenced for the first offence and the new one.