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AQA A-level Law > The Criminal Courts > Flashcards

The Criminal Courts Flashcards

1
Q

what is a summary offence and give an example

A

the least serious offence tried in the magistrates court
assault battery

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2
Q

what is a triable eitherway offence and give an example

A

middle range offence can be tried in the mgistrates or crown court
ABH theft

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3
Q

what is an indictable offence and give an example

A

the most serious offence tried in a crown court by a jury
wounding with intent
murder
manslaughter

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4
Q

what is the jurisdiction of the mgaistrates court

A

maximum sentence of 12 months
issues search and arrests warrants
grant bail to defendants

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5
Q

what is the jurisdiction of the crown courts

A

tries eitherway offences where magistrates do not have sufficient sentencing powers
hears plea and preparation for trial hearings, trials of indictable case and bail applications
hears appeals frm magistrates against conviction or sentence

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6
Q

what happens if a d pleads not guilty to a summary offence in a magistrates court

A

tried my magistrates

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7
Q

what happens if d pleads guilty to a summary offence in a magistrates

A

magistrates pass the sentence

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8
Q

what happens when a d pleads guilty of a triable either way offence in the magistrates

A

magistrates listen to the case and decide if they have the power to deal with it
yes - magistrates pass the sentence
no - sent to crown court for sentencing

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9
Q

what happens when a d pleads not guilty of a triable eitherway offence in the magistrates

A

‘Mode of trial’ hearing- magistrates decide if the have powers to deal with the case
yes - D can choose mgistrates or crown court to be tried in
no - sent to crown court

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10
Q

What happens in crown court when d pleads guilty for an indictable offence

A

Sentencing in the crown court

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11
Q

What happens in crown court when D pleads not guilty for an indictable offence

A

Jury trial in crown court

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12
Q

What happens in a crown court in an appeal

A

Magistrates to crown court cases are heard by a judge sitting with two lay magistrates
Re-hearing with circuit judges and can confirm verdict or impose own - consisting of any verdict from magistrates court

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13
Q

What happens in the divisional court in a case stated appeal

A

Cases are sent to divisional court
Case states on a point of law - appeals based on if magistrates did something outside of jurisdiction
Decisions can be confirmed, varied or reversed to be sent back to magistrates

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14
Q

If a trial judge gives a ruling on a point of law which effectively stops the case against the defendant….

A

The prosecution can appeal against that ruling as stated by the Criminal Justice Act 2003

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15
Q

Which two circumstances can the prosecution appeal against the decision of a jury

A

When acquittal was the result of the hurt being ‘nobbled’
Where there is new and compelling evidence of the acquitted persons guilt and it is in the public interest for the defendant to be re-tried

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16
Q

What is the last thing the prosecution can appeal for

A

If they feel an u duly lenient sentence has been imposed and this can only be done in relation to indictable and either way offences which has been tried in the crown court

17
Q

What is retribution in aims of sentencing

A

The aim to punish people for breaking the rules

18
Q

What is reparation in aims of sentencing

A

To make the offender make some form of compensation for the harm he has causes

19
Q

What is public protection in aims of sentencing

A

Designed to provide protection for people from wrongdoers

20
Q

What are all the aims for sentencing

A

Retribution
Reparation
Public protection
Deterrence
Rehabilitation

21
Q

What is deterrence for aims of sentencing

A

To discourage people from committing offences

22
Q

What is rehabilitation for aims of sentencing

A

To help the offender realise what he has done and to reform him so that he won’t re-offend

23
Q

what are the four main types of sentencing avaliable to the courts under the Criminal Justice Act 2003

A

custodial sentences
community service
fines
discharges

24
Q

when can a court pass a custodial sentence

A

it is of opinion that the offence… was so serious that neither a fine aline nor a community sentence can be justified for the offence

25
Q

how old must you be to be able to get a prison sentence

A

21 or over

26
Q

what is a suspended sentence

A

does nt havee to serve the sentence unless he re-offends within the period of suspension (currently max 2 years)

27
Q

what is a community sentence

A

community orders
a mix and match reqirements allowing it to fit to the individual d

28
Q

list some things that can be given as part of a community sentence

A

an unpaid work requirement
a prohibited activity requirement
a programme
a curfew
an exclusion
a mental health treatment
a drug rehabilitation
a supervision
a alcohol treatment

29
Q

what are the maxixmum fines that can be issued by the crown court

A

han unlimited powers to pass fines and are no maximum limit to fines
usually the biggest fines are on businesses for branches of health and safety

30
Q

what are the maximum fines issued by the magistrates court on each level ad how many levells are there

A

5 levels
1. maximum £100
2.£500
3.£1000
4.£2500
5. unlimited so long they stay within the limit of the particular offence

31
Q

what is a conditional discharge

A

given a time limit
if they reoffend within it = penalty
used when thought that punishment is not necessary

32
Q

what is an absolute discharge

A

no penalty
used when the offender is technically guilty but morely blameless
not often used

33
Q

when deciding a sentence what are aggravating factors

A

previous convictions for offences of a similar mature or relevant to resent offence
d was on bail when committed the offence
hostility to disablility of sexaual orientation being involved in the offence

34
Q

what other factors do the courts also consider with aggravating factors

A

the offender being part of a group attacking the v
a v serving the public eg nurse
the fact the assault may be premeditated

35
Q

what does aggravating factors mean

A

factors that raise the severity of the punishment

36
Q

what does mitigating factors mean

A

factors that reduce the severity of the punishment

37
Q

give some examples if mitigating factors

A

if offender co-operates with the police
mental illnesses
d is a single parent
first offence
evidence of genuine remorse

38
Q

what is a discount sentence

A

given if the d pleads guilty
gives a reduction on punishment depending on when in the proceedings they plead guilty
egfirst reasonable opportunity: 1/3 off

AQA A-level Law (13 decks)

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