criminal courts Flashcards
(32 cards)
which courts hear criminal cases
magistrates/crown
what is a prosecutors job
prove beyond all reasonable doubt they are guilty/cross examine witnesses
how many magistrate courts are there in uk
160
how many crown courts are there in uk
84
what offences do magistrate courts hear
triable/summary
what offences do crown courts hear
indictable
what are the 2 parties in criminal courts
prosecution/defence
what does the prosecution do
advises police on charges/establishes evidence needed/lawyers and barristers work for cps
what does the defence do
prove prosecution is wrong/lawyers work for defendant
what are the 3 types of offences
summary/triable either way/indictable
what is a summary offence
violation in common law that can be proceeded without a trial
what are examples of summary offences
petty theft/traffic violations
what is a triable either way offence
offence that can either be indictable or summary
what is an example of a triable either way offence
assault causing bodily harm/large theft
what is an indictable offence
most serious crime can only be tried in crown court
what is an example of indictable offences
manslaughter/robbery/murder
what does the criminal appeal act 1995 do
allows appeals if conviction is unsafe
what are the 5 powers of the court of appeal
dismiss appeal/decrease sentences/lower offence conviction/allow appeal and squash conviction/order a retrial
when can the prosecution appeal
if the jury interfered/new evidence changes verdict
how many cases are appealed to supreme court
20 per year
who can appeal to supreme court
both prosecution and defence
what are the 5 aims of sentencing
rehabilitation/protection of public/punishment of offenders/reduction of crime/reparations to victims
what 5 factors are considered in sentencing
medical reports/background of offender/aggravating or mitigating factors/pre-sentence report
what is an example of a medical report
psychiatric background
