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Media Law > Media Law: 3 Criminal courts & procedure > Flashcards

Media Law: 3 Criminal courts & procedure Flashcards

1
Q

indictable offences

[3]

A
  • most serious
  • only in Crown Court
  • jury
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2
Q

either way offences

[3]

A
  • either magistrates or Crown Court
  • defendant can insist on a Crown Court trial
  • otherwise magistrates decide if they have enough sentencing power
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3
Q

summary offences

[2]

A
  • only magistrates court

- DO NOT see as trivial (inc. assaulting police officer and drink driving)

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4
Q

start of criminal proceedings

[3]

A
  • ALL start in magistrates
  • one or two hearings before trial starts
  • 95% stay in magistrates
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5
Q

magistrates sentencing power

[3]

A
  • max. 6 months’ prison sentence
  • 12 for multiple offences
  • can refer more severe sentences to Crown Court
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6
Q

legal advisor to magistrates

[2]

A
  • clerk to the justices

- no say on sentence

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7
Q

youth courts

[2]

A
  • try under 18s

- branch of magistrates court

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8
Q

percentage/number cases tried by jury

[2]

A
  • 1%

- 30,000 cases per year

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9
Q

role of jury

[1]

A
  • decide whether innocent or guilty
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10
Q

criteria for jurors

[3]

A
  • 12 people from electoral register
  • 18-70
  • over 65s can opt out
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11
Q

historical exemptions

[1]

A
  • professions (e.g. lawyers, doctors, judges)

- abolished by Criminal Justice Act 2003

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12
Q

referring to Crown Court

[3]

A
  • technically only ONE Crown Court, but can sit in multiple places simultaneously
  • should be “the Crown Court”
  • but common to refer to “[Cambridge] Crown Court” rather than “the Crown Court sitting at Cambridge”
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13
Q

referring to Crown Court

[3]

A
  • technically only ONE Crown Court, but can sit in multiple places simultaneously
  • should be “the Crown Court”
  • but common to refer to “[Cambridge] Crown Court” rather than “the Crown Court sitting at Cambridge”
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14
Q

either way offences

[3]

A
  • either magistrates or Crown Court
  • defendant can insist on a Crown Court trial
  • otherwise magistrates decide if they have enough sentencing power
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15
Q

summary offences

[2]

A
  • only magistrates court

- DO NOT see as trivial (inc. assaulting police officer and drink driving)

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16
Q

start of criminal proceedings

[3]

A
  • ALL start in magistrates
  • one or two hearings before trial starts
  • 95% stay in magistrates
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17
Q

magistrates sentencing power

[3]

A
  • max. 6 months’ prison sentence
  • 12 for multiple offences
  • can refer more severe sentences to Crown Court
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18
Q

legal advisor to magistrates

[2]

A
  • clerk to the justices

- no say on sentence

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19
Q

youth courts

[2]

A
  • try under 18s

- branch of magistrates court

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20
Q

percentage/number cases tried by jury

[2]

A
  • 1%

- 30,000 cases per year

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21
Q

role of jury

[1]

A
  • decide whether innocent or guilty
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22
Q

criteria for jurors

[3]

A
  • 12 people from electoral register
  • 18-70
  • over 65s can opt out
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23
Q

people NOT allowed on juries

[4]

A
  • on bail
  • ever sentenced to 5 years in prison
  • received prison sentence, suspended sentence, community order or probation order in last 10 years
  • mental health problems requiring hospitalisation or regular treatment
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24
Q

historical exemptions

[2]

A
  • professions (e.g. lawyers, doctors, judges)

- abolished by Criminal Justice Act 2003

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25
Q

referring to Crown Court

[3]

A
  • technically only ONE Crown Court, but can sit in multiple places simultaneously
  • should be “the Crown Court”
  • but common to refer to “[Cambridge] Crown Court” rather than “the Crown Court sitting at Cambridge”
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26
Q

non-police bodies that investigate crime

[2]

A
  • Health and Safety Executive (HSE)

- Serious Fraud Office (SFO)

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27
Q

acts governing police procedure

[3]

A
  • Police and Criminal Evidence Act 1984 (PACE)
  • Criminal Justice and Public Order Act 1994
  • Serious Organised Crime and Police Act 2005
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28
Q

point at which criminal proceedings start

[2]

A
  • arrest is made

- police lay an information

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29
Q

laying an information

[3]

A
  • document outlining particulars of offence sent by police to magistrates
  • magistrates can issue arrest warrant or summons
  • must be laid within 6 months of summary offence for magistrates to be able to try it
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30
Q

summons

[2]

A
  • tells defendant what they are accused of

- when they must attend court

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31
Q

pre-arrest powers

[4]

A
  • do not have to answer questions from police
  • cannot be detained unless lawfully arrested
  • fine line between not answering questions and obstruction
  • someone voluntarily attending police station can leave whenever (‘detained for questioning’ has no legal meaning)
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32
Q

factors for public interest

[4]

A
  • in Code of Practice for Crown Prosecutors
  • likely to result in significant sentence
  • offence against someone serving the public (e.g. police)
  • minor offence that happens very frequently in local area
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33
Q

right during police questioning

[1]

A
  • being told what you’re accused of
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34
Q

time limits on detention

[4]

A
  • 36 hours (then must release or charge)
  • indictable offence: can add 12 hours if necessary (48)
  • apply to magistrates for more (up to 96 hours)
  • terrorism charges: 28 days
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35
Q

end of questioning

[2]

A
  • when charged

- just PACE guidelines, but could mean evidence not usable in court

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36
Q

released and not charged

[2]

A
  • civil case of false / wrongful arrest

- tests whether grounds for arrest unreasonable

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37
Q

DEF: arrest warrant guaranteeing suspect released on bail

[1]

A
  • ‘backed for bail’
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38
Q

reasons not to grant bail

[6]

A
  • suspect will abscond, commit further offences, interfere with witnesses, obstruct course of justice
  • for defendant’s protection
  • not yet sufficient information to make decision
  • already on bail for indictable offence
  • already charged with imprisonable offence AND tests positive for Class A drugs
  • charged with murder, manslaughter, rape, attempted rape AND has previous conviction of same crime
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39
Q

DEF: bail money paid by defendant

A
  • ‘security’

- lost if fail to make court appearance

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40
Q

DEF: bail money paid by third party

A
  • ‘surety’
  • does not have to be paid in advance
  • if defendant doesn’t show then third party can be jailed
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41
Q

DEF: suspects awaiting trial who have been refused bail

A
  • prisoners on remand

- approx. 22% prison population

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42
Q

CPS options after charging

A
  • prosecute
  • drop charges
  • issue caution
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43
Q

caution

A
  • formal warning
  • suspect must admit guilt AND there must be likelihood of successful prosecution
  • recorded and can be used as evidence of criminal record
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44
Q

CPS’s two-stage test whether to prosecute

A
  • sufficient evidence?

- in public interest?

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45
Q

public interest

A
  • in Code of Practice for Crown Prosecutors
  • ## likely to result in significant sentence
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46
Q

factors making prosecution unlikely

A
  • suspect elderly or unwell

- long time between offence and trial date

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47
Q

private prosecutions

A
  • if CPS drops charges private individuals can prosecute
  • no legal aid available
  • in serious cases DPP must be informed
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48
Q

DEF: magistrates sitting on pre-trial hearings that will go to Crown Court

A
  • ‘examining justices’
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49
Q

pre-trial hearing for summary cases

A
  • optional

- magistrate may hold one so both sides can agree main issues of case

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50
Q

pre-trial hearing for either way cases

A
  • start with ‘plea before venue’ from defendant (i.e. guilty or not guilty)
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51
Q

after guilty plea

A
  • hear prosecution for ‘mitigation’
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52
Q

options after hearing guilty plea prosecution

A
  • adjourn for reports (e.g. on mental state, etc.)
  • sentence defendant
  • send defendant to Crown Court for sentencing
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53
Q

after not guilty plea

A
  • defendant decides venue

- magistrates can also insist on Crown Court

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54
Q

DEF: procedure before magistrates send to Crown Court

A
  • committal / committal for trial
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55
Q

committal

A
  • magistrates decide whether enough evidence to send to Crown Court
  • done on paper (e.g. written statements for prosecution)
  • defence can insist not enough evidence, forcing magistrates to assess evidence themselves
  • if magistrates agree with defence then case can be thrown out
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56
Q

DEF: written statements for prosecution

A
  • ‘depositions’
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57
Q

if magistrates dismiss a case…

A
  • prosecution can apply to High Court for bill of indictment

- Crown Court case goes ahead anyway

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58
Q

DEF: fast-track procedure for either way cases involving children or serious fraud

A
  • notice of transfer
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59
Q

jury verdicts

A
  • retire for at least 2 hours
  • judge prefers unanimous verdict
  • can accept 11-1 or 10-2
  • or 10-1 or 9-2 if jury reduced, e.g. by illness
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60
Q

sending for trial

A
  • defendant appears usually once in magistrates
  • issues of funding from Legal Services Commission (formerly Legal Aid)
  • use of particular statements / exhibits
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61
Q

arguing no case to answer

A
  • defendant can apply within 14 days for case to be dismissed
  • defence can apply to High Court that case should not be in Crown Court
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62
Q

bail application

A
  • long period between pre-trial hearings and Crown Court

- prosecution will be asked for their objections

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63
Q

DEF: pre-trial hearing in Crown Court

A
  • plea and direction hearing
  • guilty or not guilty
  • known as the arraignment
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64
Q

DEF: start of the trial for complex cases

A
  • ‘preparatory hearing’

- detailed examination of cases so judge can make it more easily comprehensible to jury later

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65
Q

prosecution’s job

A
  • prove beyond reasonable doubt that defendant is guilty
66
Q

reading of charges

A
  • also called ‘counts’

- may not be same in Crown as in magistrates (journos should check)

67
Q

procedure for guilty pleas

A
  • prosecution details evidence and previous criminal record
  • social inquiry reports read out
  • defence can plea for mitigation
  • sentencing
68
Q

procedure for not guilty pleas

[11]

A
  • jury sworn in
  • case outlined by prosecution lawyer
  • examination-in-chief: prosecution calls witnesses
  • cross-examination: defence questions witnesses
  • re-examination: prosecution can ask witnesses more questions
  • defence can argue no case (if agreed then case dismissed)
  • defence then calls witnesses (same procedure)
  • closing speeches (can happen twice)
  • judge’s summing up (Crown Court only)
  • jury verdict
  • sentencing
69
Q

defendant evidence

A
  • can refuse if they want

- prosecution allowed to draw attention to this if defendant is over 14

70
Q

compelling witnesses to give evidence

A
  • witnesses can be ordered to give evidence
  • if they refuse, they can be fined or put in jail
  • usually spouses of unwilling defendants are exempt
71
Q

DEF: witness who changes evidence in statement

A
  • ‘hostile witness’
72
Q

jury verdicts

A
  • retire for at least 2 hours
  • judge prefers unanimous verdict
  • can accept 11-1 or 10-2
  • or 10-1 or 9-2 if jury reduced, e.g. by illness
73
Q

after defendant found guilty

A
  • sentencing stage
  • previous convictions can be revealed
  • can be adjournments for reports to be delivered, etc.
74
Q

reasons previous convictions might be allowed before sentencing

A
  • defendant giving false impression of character
  • defence attacks character of prosecution witness
  • important for case (e.g. facts so similar to previous conviction that it reveals a pattern of behaviour)
75
Q

DEF: admission of other offences of similar nature

A
  • ‘taken into consideration’ (TICs)
  • police don’t waste time/money
  • offender gets smaller sentence increase than if investigated later
76
Q

types of sentence

[7]

A
  • imprisonment
  • fines
  • community sentences
  • mental health orders
  • compensation / confiscation orders
  • binding over orders
  • absolute and conditional discharges
77
Q

another name for sentence of imprisonment

A
  • custodial sentence
78
Q

when imprisonment might not happen

A
  • if defendant wasn’t represented by a lawyer / didn’t refuse representation
  • if subtraction of time remanded in custody exceeds sentence
79
Q

DEF: when subtraction of time remanded in custody exceeds sentence

A
  • being released ‘on remand’
80
Q

types of custodial sentence

A
  • fixed sentence
  • tariff sentence
  • imprisonment for public protection (IPP)
81
Q

defer passing a sentence

A
  • up to 6 months
  • with defendant’s consent
  • if circumstances likely to change
  • e.g. intention to pay reparations
82
Q

tariff sentences

A
  • most offences
  • only sets maximum sentence
  • NOT rigid, but guideline to what similar offences should get
  • informed by guidance from Court of Appeal
83
Q

imprisonment for public protection (IPP)

A
  • minimum sentence set
  • release based on decision by Parole Board
  • usually some sort of rehabilitation (anger management, drug problems, etc.)
84
Q

DEF: considerations that might lower sentences

A
  • mitigating factors
85
Q

DEF: things that lead to mitigating factors being ignored

A
  • aggravating factors
86
Q

DEF: now used for cases where 12-month sentences were deemed ok

A
  • ‘custody plus’
  • up to 3 months imprisonment
  • at least 6 months supervision in community
  • Criminal Justice Act 2003
87
Q

CASE: EU ruled Home Sec should not decide life

A
  • R v Anderson
88
Q

types of life sentences

A
  • LIFE: most serious (serial killers, terrorist murderers)
  • 30 years: killers with sexual/racial/religious motives, killers of police
  • 15 years: the rest
89
Q

after minimum expires

A
  • Parole Board evaluates
90
Q

DEF: when multiple offences, all start at same time

A
  • concurrent sentences
91
Q

DEF: when multiple offences, one after the other

A
  • consecutive sentences
92
Q

DEF: not sent to prison unless reoffend during timeframe

A
  • suspended sentence
  • ALWAYS referred to in media
  • NEVER said to be ‘jailed’
93
Q

DEF: combination of suspended sentence and community service

A
  • ‘custody minus’
94
Q

absolute discharge

A
  • free to go without penalty

- judge recognises law broken but deems punishment unnecessary

95
Q

fines

A
  • not if mandatory prison sentence
  • must stick to statute
  • otherwise judge decides
  • must take defendant’s financial situation into account
96
Q

magistrates max. fines

A
  • £5,000
97
Q

Crown Court max. fines

A
  • limitless
98
Q

community sentence

A
  • defendant over 16

- supervision in community

99
Q

examples of community sentence

A
  • community service
  • curfew
  • treatment for addiction
  • living in specific area
  • abstain from specific activities
100
Q

DEF: where under 25s sent to avoid re-offending

A
  • attendance centre
101
Q

mental health order

A
  • order detention in hospital for treatment
  • IF most appropriate for defendant
  • Mental Health Act 1983
102
Q

compensation order

A
  • if caused injury or damage to property
  • magistrates up to £1,000
  • Crown Court = limitless
  • alongside other sentences
103
Q

confiscation order

A
  • return of stolen property

- motor vehicles used to commit crime

104
Q

binding over order

A
  • for minor violent offences (breaches of peace)
  • must promise good behaviour
  • time limit (usually 1 year)
  • sum of money which can be confiscated if order broken
105
Q

binding over order before trial

A
  • charges dropped, no trial held

- NOT reported as a conviction

106
Q

conditional discharge

A
  • free to go without penalty

- if break law within time limit then will be prosecuted for both new and old offence

107
Q

absolute discharge

A
  • free to go without penalty

- judge recognises law broken but deems punishment unnecessary

108
Q

ASBO

A
  • civil order sometimes used in criminal courts
  • anyone over 10
  • for anti-social behaviour against people you don’t LIVE with
  • AIM: prevent problematic behaviour or anything leading to it
  • breaching can result in criminal penalties (fines/imprisonment)
109
Q

Serious Crime Prevention Order

A
  • requires recipient to do/not do something
  • can apply for 5 years
  • individuals or organisations convicted of serious crime involvement
  • restrictions intended to protect public
110
Q

SCPO if no conviction

A
  • apply to High Court anyway
111
Q

breach of SCPO

A
  • 5 years imprisonment
112
Q

reasons defendant may appeal

[2]

A
  • plead not guilty but lost

- sentence too harsh

113
Q

routes to appeal from magistrates court

[4]

A
  • to the High Court, by way of ‘case stated’
  • to Crown Court
  • referral by Criminal Cases Review Commission (CCRC)
  • magistrates’ error
114
Q

to the High Court, by way of ‘case stated’

A
  • defence can ask magistrates to ‘state the case’ to Queen’s Bench
  • High Court can confirm, reverse or vary verdict, or order retiral by different magistrates
  • magistrates can refuse if case deemed frivolous
  • appellant can go make further appeal straight to Supreme Court
  • ONLY on points of law, not if simply think verdict is wrong
115
Q

to the Crown Court

A
  • if defendant believes verdict wrong OR sentence too harsh
  • if pleaded not guilty: only appeal the sentence
  • appeal must be made within 28 days
  • heard by circuit judge and 2/3 magistrates
  • sentence can end up HIGHER
116
Q

referral by CCRC

A
  • independent body
  • if appeal failed / made too late
  • new evidence suggests verdict wrong
  • referred to Crown Court for another hearing
117
Q

magistrates error

A
  • if magistrates believe they have made error
  • retrial with new magistrates
  • OR used to vary sentence
118
Q

appeals from the Crown Court

[3]

A
  • to Court of Appeal
  • referral by CCRC
  • by case stated
119
Q

to Court of Appeal

A
  • if defence believe verdict wrong / law implemented wrong / sentence too harsh
  • need permission of trial judge or Court of Appeal
  • NOT a rehearing, just going over evidence
  • powers to: confirm, quash, order retrial, lower (not increase) sentence
  • can go to Supreme Court if either side think case is wrong
120
Q

DEF: retrying someone who has been acquitted for same offence

A
  • double jeopardy

- abolished in Criminal Justice Act 2003

121
Q

witness/jury intimidation

A
  • High Court can quash acquittal
  • only if there’s a conviction for intimidating
  • judges can stop a trial if witnesses/jury are intimidated
122
Q

new evidence

A
  • s75 of Criminal Justice Act 2003
  • DPP can refer case to Court of Appeal
  • Court of Appeal can quash acquittal and order retrial
  • evidence must be: reliable, substantial, provide high degree of proof
  • DPP must consider whether retrial fair (e.g. time lapsed since first trial)
123
Q

appeals by prosecution

A
  • appeal to High Court by way of case stated

- to Supreme Court (if Appeal decision not good)

124
Q

sentence review

A
  • Attorney-General can order Court of Appeal to review a sentence that is unduly lenient
125
Q

difference between theft and robbery

A
  • robbery involves violence AND dishonesty

- theft: just dishonesty

126
Q

two parts defining crime

A
  • criminal act (actus reus)

- mental element (mens rea)

127
Q

DEF: crime in which prosecution just needs to prove the defendant did it, NOT whether they intended to do it

A
  • strict liability offence

- some driving offences, industry and food regulation

128
Q

DEF: killing a human being

A
  • homicide
129
Q

types of homicide

[4]

A
  • murder
  • voluntary manslaughter
  • involuntary manslaughter
  • infanticide
130
Q

murder

A
  • killing human being with intention to kill

- known as ‘malice aforethought’ (NOT actually to do with malice)

131
Q

voluntary manslaughter

A
  • killing with malice aforethought BUT mitigating circumstances
  • tried for murder (not manslaughter) and have to argue case for voluntary manslaughter
132
Q

defences which reduce murder to manslaughter

A
  • provocation
  • diminished responsibility
  • suicide pact
133
Q

provocation

A
  • provoked by action that would drive anyone to lose self-control
134
Q

diminished responsibility

A
  • suffering ‘abnormality of mind’

- medical evidence needed

135
Q

involuntary manslaughter

A
  • killed a human being, but without malice aforethought

- negligence, or part of violent crime

136
Q

reporting manslaughter

A
  • usually ok for journos to miss the involuntary/voluntary part
137
Q

infanticide

A
  • mother kills child under 12 months if mind distrubed
138
Q

legal hierarchy of assault charges

A
  • wounding with intent / causing GBH with intent
  • malicious wounding / inflicting GBH
  • assault occasioning ABH
  • common assault
139
Q

DEF: wounding

A
  • breaking the skin
140
Q

wounding with intent / causing GBH with intent

A
  • most serious
  • max. sentence life imprisonment
  • includes physical/psychiatric damage and wounding
141
Q

malicious wounding / inflicting GBH

A
  • serious harm / wounding

- max. 5 years

142
Q

assault occasioning ABH

A
  • harm that’s more than merely trivial
143
Q

common assault

A
  • general harm (cuts, bruises, grazes, black eye, etc.)
144
Q

sexual offences legislation

A
  • Sexual Offences Act 2003
145
Q

rape

A
  • man penetrates vagina/anus/mouth with penis, without consent or defendant reasonably believing consent
  • can be to man or woman
  • only men can be charged with rape (but women can be accomplice)
146
Q

assault by penetration

A
  • man penetrates vagina/anus/mouth with non-penis body part or object, without consent or defendant reasonably believing consent
147
Q

sexual assault

A
  • intentional touching that is sexual, without consent or defendant reasonably believing consent
148
Q

when is consent irrelevant?

A
  • under 13
149
Q

sexual offences against children

[3]

A
  • causing or inciting a child under 13 to commit sexual activity
  • causing or inciting a child to commit sexual activity (if did not believe over 16)
  • sexual activity with a child (touching sexually, 13 cut-off point applies)
150
Q

theft

A
  • dishonest appropriation of property belonging to another with intention of permanently depriving them of it
  • ‘stealing’ acceptable description, ‘robbery’ is different
151
Q

robbery

A
  • theft using force / threat of force
152
Q

burglary

A
  • entering building (trespass) then stealing or inflicting GBH
153
Q

aggravated burglary

A
  • burglary with any weapon
154
Q

fraud

A
  • using deception for financial gain / deprive another financially
  • just intention is enough
155
Q

handling

A
  • receiving / assisting in disposal of stolen goods, with knowledge they are stolen
  • covers anything to do with stolen goods
156
Q

reporting rewards

A
  • OK: for info leading to conviction

- NOT OK: return of stolen goods on no-questions-asked basis

157
Q

motor vehicle offences

A
  • taking without owner’s consent
  • careless driving
  • dangerous driving
  • causing death by dangerous driving
  • being in charge of vehicle while being unfit
  • driving with excess alcohol
  • causing death by dangerous driving while under the influence of drink
  • driving under the influence of drugs
  • failing to provide a specimen
  • driving without insurance
158
Q

taking without owner’s consent (TWOC)

A
  • created to deal with joyriders
  • applies to passengers as well
  • no intention to ‘permanently deprive’ of property
  • NOT reported as stealing/theft, but ‘taking’ is ok
159
Q

being in charge of vehicle while unfit

A
  • applies to drink and drugs

- mere intention to drive is enough (e.g. sitting in drivers seat)

160
Q

careless vs. dangerous driving

A
  • careless: below standard of good driver

- dangerous: well below standard and obviously dangerous to any careful driver

161
Q

failure to provide specimen

A
  • alcohol cases

- at police station OR on roadside

162
Q

insurance offences

A
  • driving without insurance

- lending car to someone without insurance

Media Law (22 decks)

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