Criminal courts Flashcards

(32 cards)

1
Q

Magistrates court jurisdiction

A

Deal with summary and Triable either way cases

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2
Q

Crown court jurisdiction

A

Deal with Triable either way and Indictable cases

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3
Q

Summary

A

Least serious offence

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4
Q

Summary examples

A

Penalty fines, Littering, Football bans

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5
Q

Summary pre trial

A

D enters and gives name and address
Prosecution opens and gives brief summary of case
Magistrates deliberate and decide
Magistrates pass sentence

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6
Q

Triable either way

A

middle range crimes.

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7
Q

Triable either way examples

A

Theft, stealing a vehicle

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8
Q

Whats the procedure for Triable either way cases called?

A

Plea before venue

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9
Q

Whats the defendant’s election?

A

Choice of court by TEW defendent if magistrates allow.

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10
Q

Why would a TEW case go to Crown court?*

A

Complexity
Breach of duty
Organised crimes

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11
Q

Indictable

A

Most serious crime

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12
Q

Indictable examples

A

Murder
Rape
Robbery

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13
Q

What happens at the magistrates court for Indictable offences?*

A

An early administration hearing

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14
Q

Whats the purpouse of an early administration hearing?

A

Legal funding and representation
Bail
Send to crown court for trial

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15
Q

What happens if the D pleads guilty at Indictable hearing?

A

Proceeds to sentence

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16
Q

What happens if the D pleads not guilty at Indictable hearing?*

A

Trial date and timetable is set

17
Q

appealing magistrates(guilty)*

A

only sentence
hearing
confirm increase or decrease sentence

18
Q

appealing magistrates(not guilty)*

A

against conviction or sentence
judge+ 2 lay complete rehearing
confirm or increase sentence or guilty of lesser offence

19
Q

appealing crown court*

A

Fill out an appeal form

20
Q

Appeals by way of case stated*

A

Case must identify the question of law or jurisdiction

21
Q

Whats the case for appeals by way of case stated?*

22
Q

crown court not guilty(summary and TEW)

A

appeal to KBD against conviction

23
Q

crown court not guilty(indictable)

A

must have permission from court of appeal

24
Q

Crown court Guilty

A

Can only appeal sentence

25
What are the grounds of appeal from crown court?
Conviction is unsafe
26
CA powers
Give out prison sentences and community orders
27
Appeals by prosecution grounds
Jury tamping New evidence has been found
28
Plea before venue
Pre trial hearing in magistrates Defendent asked if plead guilty or not guilty
29
What happens if triable either way defendent pleas guilty?
Case proceeds to sentence hearing
30
What happens if triable either way defendent pleas not guilty?
Magistrates carry out mode of trial proceedings
31
Mode of trial proceeding
Magistrates decide most appropiate court to try case
32
What do magistrates consider when choosing a court?
Own powers Recommendations by Prosecutor Seriousness of offence