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Law Paper 1 > 1A: Criminal Courts > Flashcards

1A: Criminal Courts Flashcards

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1
Q

What are summary offences?

A

Minor offences and the least serious types of crimes, such as assault and battery

Summary offences are only tried in the Magistrates’ Court.

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2
Q

Where are summary offences tried?

A

Magistrates’ Court

Summary offences are not tried in higher courts.

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3
Q

What happens after a suspect is arrested for a summary offence?

A

They are questioned at the police station and entitled to free legal advice

This advice is provided by a Duty Solicitor under the Police Station Advice and Assistance Scheme (PSAAS).

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4
Q

What must be considered by the Custody officer after charging a suspect?

A

The issue of bail

Bail allows the suspect to remain at liberty until the trial date.

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5
Q

What is the presumption of bail under the Bail Act 1976?

A

There is a presumption of bail, which can be refused under certain circumstances

Circumstances include previous bail skipping or tampering with witnesses or evidence.

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6
Q

Who considers bail applications if bail is refused?

A

A Magistrate

The Magistrate decides whether to release the defendant on bail or remand them in custody.

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7
Q

What is legal aid?

A

Funding for legal representation for the trial, depending on earnings and passing the ‘merit test’

Legal aid is available to suspects who qualify based on financial need.

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8
Q

What occurs at the first hearing in the Magistrates’ Court?

A

The legal advisor confirms the defendant’s details and reads out the charges

This includes the defendant’s name, address, and date of birth.

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9
Q

What happens if the defendant pleads guilty?

A

There will be a sentencing hearing

The CPS outlines the facts of the case and any aggravating factors.

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10
Q

What might the Probation service provide during a sentencing hearing?

A

A pre-sentence report

This report contains information about the defendant’s employment status, finances, living arrangements, and dependents.

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11
Q

What can the Defence submit during the sentencing hearing?

A

Mitigating factors for a more lenient sentence

These factors may influence the severity of the sentence imposed.

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12
Q

What occurs if the defendant pleads not guilty?

A

There will be a trial before 3 lay magistrates

The magistrates decide the facts of the case and are advised on the law by a legal clerk.

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13
Q

What must magistrates be convinced of to reach a unanimous verdict?

A

The defendant’s guilt, beyond reasonable doubt

If not convinced, they must acquit the defendant.

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14
Q

What are the maximum penalties for a conviction in a summary offence?

A

6 months imprisonment, £5000 fine, or both

These penalties apply to summary offences tried in the Magistrates’ Court.

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15
Q

What is a Newton hearing?

A

A hearing to clarify the facts that might affect the sentence

This occurs if the defendant disputes the facts of the case.

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16
Q
A
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17
Q

What are Triable Either-Way (TEW) offences?

A

Mid-ranging offences that can be serious or minor, such as theft or Assault occasioning Actual Bodily Harm. They can be tried in either the Magistrates or the Crown Court.

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18
Q

What is the first step after a suspect is arrested for a summary offence?

A

They will be questioned at the police station.

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19
Q

What legal assistance are suspects entitled to while detained?

A

Free legal advice from a Duty Solicitor under the Police Station Advice and Assistance Scheme (PSAAS).

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20
Q

What must occur if there is enough evidence for a realistic prospect of conviction?

A

The suspect will be charged with committing the offence.

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21
Q

What is bail?

A

Where the suspect is able to remain at liberty until the trial date.

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22
Q

What does the Bail Act 1976 state regarding bail?

A

There is a presumption of bail, but it can be refused under certain circumstances.

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23
Q

What circumstances might lead to a refusal of bail?

A
  • Previous bail skipping
  • Offence committed while on bail
  • Risk of tampering with witnesses or evidence
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24
Q

Who considers bail applications if bail is refused?

A

A Magistrate.

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25
What is the 'merit test' in relation to legal aid?
A test to determine if a suspect is entitled to funding for legal representation based on their earnings.
26
Where do all criminal cases start?
In the Magistrates' Court.
27
What is the purpose of the plea before venue for TEW offences?
To ask the defendant whether they plead guilty or not guilty.
28
What happens if a defendant pleads guilty but disputes the facts of the case?
There may be a Newton hearing or the case may proceed directly to a sentencing hearing.
29
What is a Mode of Trial Hearing?
A hearing where Magistrates decide which court should hear the case based on their sentencing powers and the seriousness of the offence.
30
What can the defendant do if the Magistrates choose to hear the case?
The defendant can elect to be tried in the Magistrates or in the Crown Court.
31
Who decides the facts of the case in a trial at the Magistrates Court?
3 Lay Magistrates or a District Judge.
32
Who decides the facts of the case in a trial at the Crown Court?
A jury of 12 lay people.
33
What is the burden of proof in both Magistrates and Crown Courts?
The prosecution has the burden of proof.
34
What must the magistrates or jury be convinced of to convict a defendant?
The defendant's guilt, beyond reasonable doubt.
35
Fill in the blank: If a defendant pleads not guilty, the case will go to a _______.
Mode of Trial Hearing
36
What are Indictable offences?
Serious offences such as Murder and Robbery ## Footnote Indictable offences are considered more severe than summary offences and must be tried in the Crown Court.
37
Where must the trial for an Indictable offence take place?
Crown Court ## Footnote This is mandated due to the seriousness of the offences.
38
What happens after a suspect is arrested for a summary offence?
They will be questioned at the police station ## Footnote During this time, they are entitled to free legal advice from a Duty Solicitor.
39
What is the Police Station Advice and Assistance Scheme (PSAAS)?
A scheme that provides free legal advice to suspects ## Footnote This advice helps suspects understand their rights during police questioning.
40
What must be considered by the Custody officer after charging a suspect?
The issue of bail ## Footnote Bail allows the suspect to remain at liberty until trial.
41
What is the presumption under the Bail Act 1976?
There is a presumption of bail ## Footnote However, this can be refused under certain circumstances.
42
Under what circumstances can bail be refused?
* Defendant has skipped bail before * Offence committed while on bail * Risk of tampering with witnesses or evidence ## Footnote These factors can influence a magistrate's decision on bail applications.
43
Who decides whether to release a defendant on bail or remand them in custody?
A Magistrate ## Footnote The magistrate evaluates the circumstances surrounding the bail application.
44
What is legal aid?
Funding for legal representation ## Footnote This is available if the suspect meets certain criteria, including passing the 'merit test'.
45
Where do all criminal cases start?
Magistrates' Court ## Footnote For indictable offences, this is primarily an administrative hearing.
46
What happens during the administrative hearing in the Magistrates' Court for an indictable offence?
Bail, legal aid, and other legal issues are considered ## Footnote This stage prepares the case for transfer to the Crown Court.
47
What Act governs the transfer of cases to the Crown Court?
Crime and Disorder Act 1988 ## Footnote This act facilitates the legal process for serious offences.
48
What occurs during the plea and case management hearing (PCH) in the Crown Court?
* Defendant is identified * Charges are read out * Defendant makes a plea ## Footnote This is a crucial step in managing the case towards trial.
49
What happens if the defendant pleads guilty?
The judge will sentence them ## Footnote This concludes the legal process for that case.
50
What happens if the defendant pleads not guilty?
The judge will manage case preparation for trial ## Footnote This includes determining witness numbers, trial length, and agreeing on a trial date.
51
How many jurors typically decide the case?
12 ## Footnote The jury is responsible for determining issues of fact.
52
What is the prosecution's burden during the trial?
To prove the defendant's guilt beyond reasonable doubt ## Footnote The jury must be convinced of guilt for a conviction.
53
What must happen if the jury is not convinced of the defendant's guilt?
They must acquit ## Footnote This ensures that no one is convicted without sufficient evidence.
54
What are the potential appeal courts for offences tried at the Magistrates Court?
Crown Court and King's Bench Division in the High Court ## Footnote The Crown Court hears appeals against conviction and sentence from the Magistrates Court, while the King's Bench Division addresses points of law errors made by Magistrates.
55
What type of offences can be appealed from the Magistrates Court to the Crown Court?
Summary offences and triable-either way offences ## Footnote Defendants can appeal if the Magistrates accepted jurisdiction and the defendant elected trial at the Magistrates Court.
56
What rights does a defendant have when appealing from the Magistrates Court to the Crown Court?
Automatic right to appeal against sentence and/or conviction ## Footnote If the defendant disagrees with the guilty verdict or believes the sentence is too harsh.
57
What can a defendant appeal against if they initially pleaded guilty?
Only against their sentence ## Footnote There is no appeal against conviction in this case.
58
How is an appeal at the Crown Court conducted?
It is completely reheard by 2 Lay Magistrates and a Circuit Judge ## Footnote The Crown Court can confirm, reverse, or vary the original decision.
59
What can happen to the sentence during an appeal at the Crown Court?
It could be increased or decreased ## Footnote The sentence can be adjusted to the Magistrate's maximum powers in the case.
60
Under what circumstances can there be an appeal to the King's Bench Division?
On a point of law where an error is felt to have been made by the Magistrates ## Footnote Both Crown and Defence can appeal on a legal issue.
61
What is required for the King's Bench Division to hear an appeal?
The Magistrates must state their reasons and both sides must present the law on the issue ## Footnote High Court Judges will confirm, reverse, vary, or remit the decision.
62
What limitations exist for further appeals after the King's Bench Division?
Limited to the Supreme Court with certification of a point of law of general public importance ## Footnote Leave to appeal must be granted by either the Divisional Court or the Supreme Court.
63
What types of offences can be dealt with at the Crown Court?
Indictable offences, triable-either way offences where the Magistrates' Court have rejected jurisdiction, cases where the Magistrates' Court has accepted jurisdiction but the defendant has elected trial at the Crown Court
64
To which court can the Defence appeal from the Crown Court?
Court of Appeal (Criminal Division)
65
What is the time limit for the Defence to appeal from the Crown Court?
28 days of conviction if granted leave to appeal
66
Under what act is leave to appeal granted only if the original conviction is unsafe?
Criminal Appeals Act 1995
67
What outcomes can occur from a Defence appeal to the Court of Appeal?
* Retrial * Conviction quashed * Sentence reduced
68
What can the Prosecution appeal against from the Crown Court?
Acquittal
69
Under which act can the Prosecution appeal against acquittal by jury?
Criminal Procedure and Investigations Act 1996
70
What conditions allow the Prosecution to appeal against acquittal?
* Jury nobbling * New and compelling evidence
71
Who can appeal against an unduly lenient sentence?
Attorney-General
72
What can the outcome of a Prosecution appeal include?
* Original decision confirmed * Original decision varied * Fresh trial * Sentence increased
73
What is required for further appeals to the Supreme Court?
* Court of Appeal certifies point of law of general public importance * Leave to appeal given by Court of Appeal or Supreme Court

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