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Law paper 1 Section A > Courts > Flashcards

Courts Flashcards

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1
Q

which court will a summary offence be heard in?

A

magistrates

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2
Q

what court will a triable either way offence be heard in

A

mags or crown

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3
Q

what court will an indictable case be heard in?

A

crown

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4
Q

for summary offences who decides verdict and who sentences D

A

3 mags do both

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5
Q

for indictable offences who decides verdict and who sentences D

A

jury decides verdict and judge sentences

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6
Q

for triable either way offences who decides verdict and who sentences D

A

3 mags and jury decide verdict and 3 mags or judge sentences

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7
Q

for the procedure for summary offences wheres the initial hearing?

A

mag court

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8
Q

for the procedure for summary offences who is d’s indentity confirmed by

A

the clerk

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9
Q

for the procedure for summary offences after d’s indentity has been checked what does d enter

A

a plea

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10
Q

for the procedure for summary offences if d pleads guilty what will happen

A

there will be a sentencing hearing

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11
Q

whats a sentencing hearing

A

involves a brief statement of facts from the prosecution as well as statements the defendent wishes to make

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12
Q

for the procedure for summary offences who announces D’s sentenece

A

mags

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13
Q

for the procedure for summary offences if d pleads not guilty what do the mags do

A

discover issues involved with the case, decide on bail and set a date for trial

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14
Q

for the procedure for triable offences wheres the initial hearing

A

mags

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15
Q

for the procedure for triable offences what is the initial hearing called

A

plea before venue hearing

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16
Q

for the procedure for triable offences whose the defendents identitiy confirmed by

A

the clerk

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17
Q

for the procedure for triable offences if D pleads guilty what will happen

A

a sentencing hearing which involves statements from prosecution and D

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18
Q

for the procedure for triable offences who announces D’s sentence

A

the mags or they can request a hearing at the crown court if they cannot give a harsh enough sentence

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19
Q

for the procedure for triable offences if d pleads not guilty the mags preform a mode of trial hearing to…..

A

decide where a case will be tried and mode of trial procedure takes place

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20
Q

for the procedure for triable offences the mode of trial hearing consists of two parts … what are the two

A
  1. mags must decide if the case is suitable for a mag court trial
  2. whether they are prepared to accept jurisdiction
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21
Q

for the procedure for triable offences what two factors do mags consider when deciding the mode of trial hearing

A

nature and seriousness of the offence, their powers of punishment and any reprentation of prosecution and defence

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22
Q

for the procedure for triable offences if mags cant handle the case where does the case go

A

crown court

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23
Q

for the procedure for triable offences if mags can handle the case then D…

A

decides which court to have his trial in

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24
Q

for the procedure for triable offences if d chooses to have his hearing in the mags court then….

A

mags discover issues involved then set a date for trial

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25
for the procedure for triable offences if d chooses to have his hearing in the crown court then...
pre trial matters will be handled by cc
26
for the procedure of indictable offences the initial hearing at the mags court is called what
early administrative hearing
27
for the procedure of indictable offences, d's intendity is confirmed by who
clerk
28
for the procedure of indictable offences, what do the mags decide on at the hearing
bail and legal aid
29
for the procedure of indictable offences, there is a plea and trial prep hearing in what court
crown
30
for the procedure of indictable offences if d pleads guilty then..
hes sentenced by a judge
31
for the procedure of indictable offences if d pleads not guilty , what are the four things that happen
1.the relevent issues will be discovered 2. a date will be set for trial 3. a timetable for pre trial prep will be made 4. further case management hearing takes place
32
for the procedure of indictable offences, in the crown court both the prosecution and defence go through 'disclosure' what does this mean
the prosecution must set out all the evidence they propose at the trial and any previous undisclosed material
33
# 4 things must be included for the procedure of indictable offences, D must give a written statement to prosecution. What does this include
1. nature of the defence being raised 2. any facts in dispute 3. any points of law being raised 4. any alibi or witnesses to support
34
the crown court handles less than .... of criminal cases in the uk. Whats the missing percentage?
3%
35
whats the two main things against which the defendent can appeal?
1. appeal against conviction 2. appeal against sentence
36
what court handles appeals from the mags court
crown
37
(mags court) for appeals against conviction, who in this court hears this type
1 judge and 2 mags
38
# 3 things ( mags court)for appeals against conviction, what can the judge and mags do to d's conviction
1. uphold it 2. quash it 3. vary it (can only change conviction going down)
39
( mags court) for appeals against sentence, who in the court hears this type
1 judge 2 mags
40
# 3 things ( mags court) for appeals against sentence, what can the judge and mags do to d's sentence
1. uphold it 2. decrease it 3. increase it
41
( mags court) for appeals against sentence, how is it limited when increasing the sentence
sentence can only be increased to mags max sentencing powers ( 6 months)
42
who can only make case stated appeals
prosecution
43
in order to appeal from the crown court, d must apply for and be granted what?
leave to appeal
44
what does leave to appeal mean
to be given permission by a single judge in the court of appeal
45
which court hears appeals by the crown court
court of appeal
46
(crown court) who hears appeals against conviction
3 judges (Lord justices of appeal)
47
# 3 things (crown court) what can the court of appeal do to D's conviction
1. uphold 2. quahs and order a re trial 3. vary
48
case example for crown court appeals against conviction
r v george
49
(crown court) who hears appeals against sentences
3 judges (lord justices of appeal)
50
# 2 things (crown court) what can the COA do to D's sentence
1. uphold 2. decrease
51
(crown court) what can the COA not do to D's sentence
increase it
52
case examples for the crown court appeals against sentences
r v herbert r v philpot
53
# r v george what crime was barry george originally convicted of
murder
54
on barry georges first trial what verdict did the jury reach
guilty by majority
55
at barry georges retrial who did the jury believe and what verdict did they reach
defence, not guilty
56
what court quashed barry georges conviction for murder
COA
57
which court originally convicted george of murder
crown
58
(r v herbert) which court heard d's appeal
COA
59
what did the COA do to R v herberts sentence
reduced it by 9 months
60
why did the court in R v herbert reduce his sentence
the sentencing at the crown court didnt give enough allowance for his guilty plea
61
(r v phillpot) what sentence was D given
17 years for manslaughter
62
what did the COA do to philpots sentence
upheld it, the crown court gave the right sentence
63
appeals against acquitall are done for what two reasons
jury nobbling and new and compelling evidence
64
whats jury nobbling
if d is accquitted due to a juror being bribed, the prosecution can appeal asking for acquittal to be quahsed and d to be re tried
65
what does new and compelling evidence mean in relation to appeals against acquittal
prosecution can appeal and ask the COA to quash D's acquittal so that D can be retried
66
what act links to d being re tried
criminal justice act 2003
67
whats an appeal against an unduly lenient sentence
prosecution can ask the attorney general to refer a case to the COA for D's sentence to be increased
68
for case stated appeals who can appeal decisions
the prosecution and defence
69
what is the appellant claiming in case stated appeals
on a point of a law (law has been misapplied)
70
what court hears case stated appeals
KBD 2 or 3 high corut judges
71
from which court are case stated appeals made from
mags or crown
72
# 4 things what powers does the KBD have when hearing case stated appeals
confirm reverse vary remit
73
# case stated appeals if a party doesnt agree with the decision made by the KDB who is left to appeal
supreme court
74
what is needed for the supreme court to make an appeal
if a point of law if of general public importance
75
case example for supreme court making a decision on case stated appeals
platt v isle of white KBD confirmed Supreme- reversed and remit case to mags
76
explain Brinks-Mat case
the acquittal was not necessarily valid and a re-trial is needed. Robbery case due to the large amount of money potentially leading to bribery.
77
R v Dunlop explain it
a re-trial with this new evidence in some of the more serious offences. The defendant (D) was acquitted and then later confessed to the murder. He was then re-tried with the new evidence as his original acquittal was quashed.
78
R v Yates, explain it
if they feel the original court did not give a harsh enough sentence considering the evidence. The court increased D’s sentence for five years as they had not considered the seriousness of providing the murder weapon (a gun
79
explain r v george
for convictions CoA have the same powers as the crown court, but they can also order a re-trial if they quash an unsafe conviction
80
explain r v phillpot
For sentencing, they can uphold it
81
explain r v herbert
decrease the sentence
82
R v Dobson and Norris explain it
there can be a re-trial with this new evidence in some of the more serious offences. the defendants were acquitted, but subsequently, DNA evidence was found which tied them to the murder of Stephen Lawrence. they were then re-tried with the new evidence and convicted.

Law paper 1 Section A (8 decks)

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