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Law > Criminal Courts & Lay People (Criminal) > Flashcards

Criminal Courts & Lay People (Criminal) Flashcards

1
Q

What are the two criminal courts?

A

Magistrates and Crown

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1
Q

What are the three categories of offences?

A

Summary, Triable either way, Indictable

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2
Q

What is the max punishment for summary offences + court?

A

£5000 fine or 6 months imprisonment + magistrates court

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3
Q

What is max punishment for triable either way offences + court?

A

12 months imprisonment + magistrates or crown

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3
Q

What is the max punishment for indictable offences + court?

A

Unlimited fine an max life sentence + crown court

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3
Q

Why might a defendant or prosecution want to appeal?

A
  • Incorrect decision
  • harsh sentence
  • if law might not have been correctly used
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4
Q

What are the aims of sentencing?

A

Retribution, Protection of the public, Deterrence, Rehabilitation, Reparations

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5
Q

What are the two factors behind sentencing?

A

Aggravating and mitigating factors

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6
Q

What are aggravating factors + examples?

A

Things that might make the defendants sentence harsher - carrying a weapon, being in a gang, attacking a vulnerable person, no remorse, previous convictions, racially motivated

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7
Q

What are mitigating factors + examples?

A

Things which may reduce the defendants sentence - genuine remorse, paying back items, if they plead guilty, helped police, first offence, good character

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8
Q

What are other factors that influence sentencing?

A

Pre-sentence reports, sentencing guidelines, medical reports, financial situation of defendant

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9
Q

What are the types of sentences for adult offenders?

A

Custodial, Community, Fines, Discharge

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10
Q

Types of community sentences?

A

Unpaid work, drug treatment, curfew

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11
Q

Types of discharge?

A

Conditional and absolute

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12
Q

What does lay personnel mean?

A

Someone who is not legally qualified

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13
Q

What is the role of a magistrate?

A

Decide if defendant gets bail, hear 9% of all criminal cases, decide the verdict if not guilty is pleaded, issue warrants and decide sentencing

14
Q

What is the role of a jury?

A

Hear the facts of the case and deliberate them, only try about 15 of cases

14
Q

What are disadvantages of a jury?

A

They can be easily influenced by media, may have bias which could lead to an unfair outcome

15
Q

What are advantages of a jury?

A

They aren’t legally binded by precedent so they can be seen as a lot fairer and there are 12 of them so multiple possible perspectives, they are also cheap

Law (12 decks)

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