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Public Law > Courts and Tribunals > Flashcards

Courts and Tribunals Flashcards

1
Q

The prosecution is generally brought in the name of…

A

The crown

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2
Q

What is the immediate objective of criminal law?

A

To punish people who have committed offences against society
Wider sense- establish standards of behaviour for peaceful productive society

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3
Q

What is the standard of proof for criminal law?

A

Beyond reasonable doubt

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4
Q

Who bears the burden of proof in criminal proceedings?

A

Prosecution

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5
Q

Who initiates criminal proceedings?

A

Crown Prosecution Services
Also government agencies/local government

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6
Q

Who can be a defendant to criminal proceedings?

A

Individuals or legal persons

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7
Q

What happens if a defendant pleads not guilty?

A

The case goes to trial, verdict, sentencing

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8
Q

When can a defendant not appeal a conviction?

A

If they have pleaded guilty (but they can vacate their plea)

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9
Q

What is the maximum sentence magistrates can give?

A

Unlimited fine
6 months prison/
12 months for 2 or more either way

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10
Q

What cases can the magistrates hear?

A

Summary
Either way
Some civil jurisdiction

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11
Q

What cases can the crown court hear?

A

Indictable
Either way transferred from magistrates

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12
Q

All crown court trials involve a…

A

Jury

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13
Q

Who administers the crown court?

A

HM Courts and Tribunals service

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14
Q

Does the magistrates court create precedent?

A

No but it is bound by administrative court, CoA and SC

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15
Q

Can a convicted defendant appeal from magistrates court?

A

Yes against sentence, conviction or both

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16
Q

What does de novo mean and when does it apply?

A

When a defendant appeals a conviction - heard with all evidence/witnesses examined again

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17
Q

Who sits in an appeal trial at the crown court?

A

CC judge and two magistrates

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18
Q

What is an appeal by way of case stated?

A

An appeal on magistrates’ decision being legally flawed to the administrative court

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19
Q

What can a defendant convicted/sentenced at Crown Court appeal against?

A

Conviction/sentence/both

20
Q

When can the prosecution appeal to the CoA after conviction at CC?

A
  • Quashing the acquittal of anyone found not guilty of a serious offence
  • Attorney General (limited circumstances) against unduly lenient sentence
21
Q

Is there an automatic right of appeal from the CC?

A

No, must apply on paper for permission from CoA (criminal division)

22
Q

How can the CoA quash a criminal conviction of the CC?

A

If satisfied that the conviction is unsafe.
Oral argument from counsel for both sides
Evidence not heard again

23
Q

What are the key grounds for appealing sentences made by the CC?

A
  • Not justified by law
  • Based on incorrect version of the evidence
  • Judge took irrelevant matters into account
  • Judge misapplied/failed to give sufficient weight to sentencing guidelines
24
Q

When will SC hear an appeal?

A

If its certified as a point of law of general public importance

25
Q

Is the Privy Council binding?

A

No but highly persuasive

26
Q

When can the CCRC send cases back to the CoA?

A

If it believes there is a real possiblity CoA will overturn conviction/sentence

27
Q

When can the CCRC send cases back to the CC?

A

Decision made in Magistrates’/Youth Court
Re-hearing

28
Q

What does the CCRC have to do to refer a case for appeal?

A

identify new evidence/new legal argument that makes the case look significantly different
Not considered at the time of trial/initial appeal/earlier application

29
Q

What does civil law regulate?

A

Legal relationships between private parties

30
Q

When may a legal relationship arise? (Civil)

A
  • Contract
  • Duty of care
  • Causes of action
31
Q

How can the government be involved in civil cases?

A

As C or D in its private law capacity

32
Q

What is the court’s decision in a civil case referred to?

A

Judgment

33
Q

What is the outcome for a successful party usually (civil)?

A

Damages (or other remedies)

34
Q

What is the standard of proof for civil cases?

A

on the balance of probabilities

35
Q

Who is the burden of proof on for civil cases?

A

Claimant

36
Q

Where do civil claims begin?

A

Most - county court, some High Court

37
Q

What are the three levels of judges in the county court?

A
  • Deputy District Judges
  • District Judges
  • Circuit Judges
38
Q

Who can be a coroner?

A

Barristers, solicitors, medical professionals of not less than 5 years standing

39
Q

What does the Inquiries Act 2005 allow for?

A

Legal power to compel witnesses
Legal safeguards and procedures
Appoint chair/personnel, evidence, report + recommendations

40
Q

Where do judges of the High Court sit?

A

Royal Courts of Justice in London and the regional District registries

41
Q

What divisions is the High Court structured into?

A

King’s Bench Division
Chancery Division
Family Division

42
Q

What are the senior courts?

A

Crown Court
High Court
Court of Appeal
Supreme Court

43
Q

Where does the civil division CoA hear appeals from?

A

High Court
County Court
Some tribunals

44
Q

Where does the criminal division CoA hear appeals from?

A

Crown court

45
Q

Who is the head of the judiciary?

A

Lord chief justice

46
Q

What is a leapfrog appeal?

A

A civil appeal from High Court straight to Supreme Court

Public Law (8 decks)

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