Criminal procedure Flashcards
(39 cards)
What is the mode of address for a lay magistrate in person?
‘Sir’ or ‘Madam’, or collectively, ‘Your Worships’
Correspondence mr mrs full name JP
This addresses judges in magistrates’ courts.
What is the title for a district judge in the Magistrates’ Court?
Judge
Correspondence district judge (name)
This is the title used for judges in magistrates’ courts.
What do you call a Circuit Judge (including Recorders and Deputy Circuit Judges) ?
Your honour
Correspondence his/her honour judge (surname)
Circuit Judges serve in various courts, including Crown Court.
What is the mode of address for a High Court Judge in person?
My lord or my lady
Correspondence the honourable mr:mrs (surname)
This is the formal address used in court.
What do you call a fellow solicitor in court?
‘My friend’
This is a common way of referring to another solicitor in court.
What is the term used to refer to a fellow barrister?
‘My learned friend’
This is the respectful address for barristers.
Fill in the blank: The mode of address for a high court judge in the Crown Court is _______.
‘My Lord’ or ‘My Lady’
This reflects the formal etiquette in the Crown Court.
What is the collective term used to address lay magistrates?
‘Your Worships’
This is used when addressing multiple lay magistrates together.
What should persons do upon entry and exit from a courtroom?
All persons should bow.
This bow is directed towards the Royal Coat of Arms which sits behind the judge.
Who does the bow in a courtroom appear to be directed towards?
It may appear that you are bowing to the judge.
In reality, you are bowing to the Royal Coat of Arms.
What should all parties do upon the entry and exit of a judge in court?
All parties should stand upon the entry and exit of a judge in court.
This is usually signalled by the court usher calling ‘Court rise’.
When can two advocates be on their feet at the same time?
No two advocates should be on their feet at the same time unless they are both being addressed by the judge.
What should an advocate do if they stand to make an objection?
If one advocate stands to make an objection, the other advocate should take their seat.
When should an advocate be on their feet during a trial?
An advocate should be on their feet when questioning a witness, except in the Youth Court or when the witness appears by live link.
Where should the defence sit in the Crown Court?
In the Crown Court, the defence should always sit closest to the jury.
Where does the prosecution typically sit in the Crown Court?
Ordinarily, the prosecution would sit closest to the witness box.
Can the MC commit for sentence after trial?
Yes
Once an indication by the mc of a non custodial sentence been given is the mc bound a why?
Yes if the D pleads guilty immediately
Once an indication by the mc of a non custodial sentence been given when are they not bound?
When D pleads guilty at a later date
C/D under £5000 can the D elect CC trial?
No
Theft under £200 can the D elect CC trial?
Yes
What are the 10 IOJ - merits tests for Legal Aid?
- Loss of liberty
- Breach suspended sentence
- Loss of livelihood
- Serious damage to reputation
- Substantial question of law
- Understanding of proceedings
- Ws need tracing
- Expert cross examination
- Interests of someone else
- Any other reason
What does ss22 MCA 1980 relate to
Low value theft
Summary only
Can elect cc trial
What are the 3 ways the MC will take pleas
SO - MC will take a plea
TEW - MC will ask D to indicate a plea
IO - MC will ask if D intends to plead G
