Area of Study 3 Flashcards
(14 cards)
What is the difference between an indictable offence and a summary offence?
Indictable offences are serious offences that have a right to trial by the jury. However, summary offences are minor offences that are usually heart in the Magistrates Court.
Explain what indictable offences heard summarily is.
Indictable offences heard summarily are smaller indictable offences in which the offender and prosecution both agree for it to be heard in the Magistrates court. Although, they are usually heard in the County. No jury is present.
What is an original jurisdiction?
The original jurisdiction is hearing cases for the first time.
What is an appellate jurisdiction?
When the prosecution or offender appeals against point of law, conviction or sentence because they aren’t happy with the original decision.
What original and appellate jurisdictions are heard in the Magistrates court?
Original jurisdictions in the magistrates court are summary offences, indictable offences heard summarily and committal hearings.
No appellate jurisdiction because it is the lowest court.
What original and appellate jurisdictions are heard in the County court?
Original jurisdictions include Indictable offences except murder related offences.
Appellate jurisdictions are appealed against convictions and sentences (single judge) from the Magistrates court.
What original and appellate jurisdictions are heard in the Supreme Court Trial Division?
Original jurisdictions include murder related offences, attempted murder and treason.
Appellate jurisdictions include appealing against point of law (single judge) from the Magistrates Court
What original and appellate jurisdictions are heard in the Supreme Court of Appeals?
There are no original jurisdictions in this court.
Appellate jurisdictions are on all grounds heard from the County or Supreme trial division courts. (3-5 judges)
When does a jury exist versus a judge?
A jury exists only in original jurisdictions and a judge exists in all appellate jurisdictions.
What are the reasons for a court hierarchy?
List all 4 but pick two to explain
Right to appeal - right to get a second opinion if prosecution/offender isn’t happy with the first outcome. Can be made against sentence, conviction or point of law.
Specialisation - ranked to the type of cases heard. Courts specialise in hearing specific types of disputes. This develops expertise in resolving them.
Administrative convenience - Increases efficiency in the court system, reducing costs and delays.
Precedent - judges follow previous decisions for future cases. When precedent is made, all courts below must follow the decisions. This provides certainty in the laws.
What is the difference between bail and remand?
Bail is when you are granted the application to live in society as a normal citizen awaiting your trial. Whereas remand is the opposite, when bail is refused and you are held in custody until your trial.
What are some reasons for being remanded?
Possibility of reoffending Harming others Tampering with evidence Not appearing for your trial Serious indictable offences (murder)
Explain what a committal hearing is.
A committal hearing occurs for indictable offences that will be heard in the county or supreme court to determine a prima facie (where the prosecution has enough evidence) for the jury to convict. A committal hearing is heard in the Magistrates Court.
What are the aims of committal hearings?
Determine if there is sufficient evidence to support the charge.
Saves time and money as weak cases wont make it to the higher courts
Clarify legal issues (points of law etc)
Determine if the accused pleas to the charge.
