criminal courts and lay people Flashcards
what are the two criminal courts of first instance?
-the magistrates court
-the crown court
what are the three key criminal processes in the criminal courts system?
-being charged with a crime (bail and remand)
-trial in the magistrates courts and/or crown court
-the CPS
what happens when a person is charged with a crime?
-theyre given a charge sheet which outlines the offence(s) they’re being charged with
-police decide whether or not they can go home until the trial (bail) or should be kept in custody until their first hearing
what is bail?
a form of security, either a sum of money or a promise in exchange for the freedom of an arrested person, as a guarantee they will appear in court
what is a rebuttable presumption?
a conclusion that a judge will take in court unless the opposite point is raised and proven
-theres a rebuttable presumption that bail should be granted under s4 of the Bail Act 1976
who can issue bail?
the police, or any court which the defendant appears
what are some conditions that can be applied to bail?
-living at a particular address
-don’t contact certain people
-give your passport to the police so you can’t leave the UK
-report to the police station at specific agreed times each week
when can bail be refused?
if there are sufficient grounds
-can be refused upon arrest but granted later in court and vice versa
what is remand?
if bail is refused the person has to go to prison until their first hearing
what are the key functions of the magistrates court?
-tries summary offences and most triable either-way offences
-sentences guilty defendants (powers are limited but reflect the seriousness of crimes)
-deals with first hearings of indictable offences
-grants/refuses bail in summary or either way trials
-tries cases in the youth court for defendants aged 10-17
-97% of all criminal cases are heard here, more than 90% are concluded here
what are the functions of the crown court?
-deal with the most serious, indictable offences and some either-way offences
-deals with appeals from magistrates
-normally has a jury for the verdict and a judge for the sentence
what is the CPS?
-crown prosecution service
-responsible for prosecuting most criminal cases in England and Wales
-decides which cases are to be prosecuted
-determines the most appropriate offences to charge the defendant with
-prepares cases and presents them in court
what is the two-fold test under the code for crown prosecutors?
-the evidential burden test (must be sufficient evidence)
-the public interest stage test (prosecution must be in the public interest)
what are some factors that would influence the CPS to prosecute?
-a premeditated decision to commit a crime
-use of a weapon
-defendant was in a position of authority or trust
-vulnerability of the victim
-defendant has previous convictions
what are the three classifications of criminal offences?
-indictable
-triable either-way
-summary
