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Criminal Law Section A paper 1 > Criminal Court Proceedings > Flashcards

Criminal Court Proceedings Flashcards

1
Q

What are the 3 categories of Offences?

A

Summary Offences
Trimble either way
Indictable Offences

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2
Q

Where is a summary Offence tried?

A

Magistrates court

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3
Q

Where is a triable either way offence tried?

A

Magistrates or crown court

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4
Q

Where is an indictable offence tried?

A

Crown court

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5
Q

What is an example of a summary offence?

A

Driving offence

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6
Q

What is an example of a triable either way offence?

A

ABH (plead dependant)

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7
Q

What is an example of an indictable offence?

A

Murder

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8
Q

Who is involved in the decision making in magistrates court? (4)

A

Lay people, a bench of 3 unpaid unqualified magistrate judges, with a clerk who advises them legally

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9
Q

Who is involved in the decision-making in Crown Court? (2)

A

A judge, jury

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10
Q

Who is involved in the decision-making in appeals court? (1)

A

An odd number of judges minimum 3

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11
Q

What kind of punishments can magistrates courts give out?

A

Short sentences 6 months for 1, 1yr for 2, fines, community orders

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12
Q

What kind of punishments can crown courts give out?

A

Sentences long/short, community service probation

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13
Q

How many decisions can be reversed from a magistrates appeal a year?

A

100

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14
Q

When can a decision be appealed from magistrates court?

A

If an error in law has been made, or unhappy with the decision made

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15
Q

When can appeals from the Crown Court be heard?

A

When the conviction is unsafe, new evidence, a point of law

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16
Q

What is an allocation hearing

A

Where MC are briefed on the case and the defendant’s past and they decide if they have sufficient sentencing powers

17
Q

Are cases involving children heard at MC

A

No they are automatically heard at CC

18
Q

How much can someone be fined for a level 5 offence?

A

Unlimited amounts

19
Q

How much can someone be fined for a level 1

A

Maximum £200

20
Q

When can appeals from the supreme Court be held?

A

Only on a point of law with permission from the appeals committee of 3 supreme judges

21
Q

In a magistrates court If you plead guilty can you appeal?

A

No, but mag judge may decide to send them to CC for sentencing, but D cannot decide

22
Q

Where is the first hearing held?

A

Magistrates court

23
Q

What is a plea before venue?

A

At the beginning of proceedings D is asked if they plead guilty or not guilty

24
Q

What governs deciding which court is suitable for a hearing?

A

Magistrates court act 1980

25
Q

According to the magistrates court act 1980 what must be considered when deciding the appropriate court?

A

Seriousness
Powers of punishment
Representation

26
Q

On average how many cases progress to CC from MC?

A

9%

Criminal Law Section A paper 1 (5 decks)

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