Crown Courts (P112-P125) Flashcards
(29 cards)
Define an Absolute Discharge
Decision by Court that after conviction, the defendant should not be punished for the offence
Define Conditional discharge
A decision made by the court that convicted Defendanrs should not be punished unless they reoffend.
The condition is imposed and could apply for a year.
If the defendant reoffends, they will be punished for the original offence and the New Offence.
Define Consecutive Sentence
2 or more sentences to run one after the other.
1 year for theft, 2 years for assault- Defendant serves 3 years consecutively.
Define concurrent sentence
Defendant receives 2 or more sentences of different offences. They effectively run at same time, the longest time is the one served.
Define Indictment
A written statement of charges read to defendant in crown court at arraignment
Define Arraignment
Charges are read to the defendant for them to plead guilty or not guilty
Who are the 3 types of judge who sit in crown courts?
- High court Judges
- Circuit Judges
- Recorders
What do High Court Judges do?
They sit in High Court & Crown Courts, “Mr Justice Smith, Mrs Justice Smith”
Wear red robes for Criminal Cases.
Sit in Crown Courts to try the most serious offences,
Generally the most experienced judges.
What do Circuit Judges do?
Judge John Smith, Judge Mary Smith,
Lawyers who have held ‘rights of audience’ (the rightd to represent clients for at least 7 years, or have been a Recorder (or held other judicial roles on a full time basis) for at least 3 years.
What do Recorders do?
Recorders- Part time Judges, are Barristers or solicitors who have held ‘rights of audience’ at crown court. Recorders are usually referred to are ‘The Recorder Mr John Smith, The Recorder Mrs Mary Smith’.
Who are jurors?
12 people, 18-75 Years, selected Randomly from electoral rolls for local districts.
People jailed in the previous 10 years are barred from being jurors.
What are the 7 Automatic Reporting Restrictions categories for pre trial Hearings ar crown courts?
- ✅️ The name of the crown court & Judge
- The names, ages, home addresses & occupations of defendants & witnesses
- The charge(s) or a summary of it/them
- The names of solicitors or Barristers in the case
- If proceedings are adjourned, date, place
- Any arrangements to Bail, conditions & surety arrangement
- Whether legal aid was authorised ✅️
Under the Part 5B Criminal Practice Directions what are Journalists normally allowed access to?
- Opening notes, written submissions & skeleton arguments in criminal courts
- Other case documents- court discretion
Under rhe Rule 5.8 Criminal Procedure Rules what may reporters receive in the 6 months following a case?
- Date or public hearing in the case
- Each alleged offence & any plea entered
- Cour4 decision on Bail: appeal etc
- IDs of defendants, prosecutors, judge, Barristers, including lawyers addresses
Request can be made verbally ( info older than 6 months myst be in writing requests)
What does rule 16.2 of Criminal procedures Rules state:
A court should not impose a restriction unless each party affected including media was present to make representations
If you wish to challenge a reporting restriction order imposed by a court, what steps should you take?
- Take note to Clerk of the court,
Look at the written order of the restriction - Note is passed to Judge & reviewed
- Judge will ask you to make a representation ( in crown court Jury are sent out)
May go to Judges chambers, and talk with two Barristers present - Quote Case Law if needed
- Get editor to email a letter in support
-Judge decides to maintain or lift Restriction
What are the 5 areas ot Law where Media have commonly challeng3d court
- S4(2) Contempt of Court Act
- S11 CofCA
3.S45 Youth Justice & Criminal Evidence Act - S49 Children & Young Persons Act
- S1 Sexual Offences A t eg R V Arthur Hutchinson
In the case of a sexual offence, complainants have lifelong anonymity, On what grounds can the media request these restrictions be lifted?
- Judge may vary the order- Need to reveal ID as a witness
- ID of victim is already widely known in the area
…..
What is S 4 (2) Temporary Ban Contempt of Court Act?
- where risk of Prejudice must be substantial, in sequential cases (R v Beck) , if one defendarn sentence before others tried
BUT
S4(2) cannot be used to protect reputation or safety
S4(2) cannot restrict repor4s ot events outside courtroom
What does S46 You5h Justice & Criminal Evidence Act, 1999 mean?
- Life long anonymity for adult witnesses
- Purpose is to Improve quality of Evidence/ Co-operation of witness
- Ban made for witness 18+ who court consider is
- in fear or distress about testifying
- quality of evidence / level of co-operation could be diminished
What does the S11 Contempt or court act: permanent Ban mean?
- Gives court power to ban publication of details given in court proceedings-
Where it is in the interest or justice to do so
Eg. Applies to witnesses and evidence
What van the S11 CofCA: permanent ban prevent publication of?
- ID of Victim/ alleged victim of blackmail
- Commercially sensitive info/secret processes
- ID of person at risk or harm
- Info which could compromise national security/state secrets/ ID of undercover agent
