ELS - Criminal Courts Flashcards
(117 cards)
1
Q
What are the main roles of the police in the criminal justice system?
A
To investigate crimes, arrest and charge suspects, gather evidence and witness statements, and refer the case to the CPS to decide whether to prosecute.
2
Q
What does the CPS do?
A
The Crown Prosecution Service advises the police, decides on appropriate charges in serious cases, applies the evidential and public interest tests, and prosecutes the case in court.
3
Q
What is the evidential test?
A
It checks if there is enough evidence for a realistic prospect of conviction.
4
Q
What is the public interest test?
A
It checks if prosecution would benefit the public and be in the public interest.
5
Q
What are summary offences?
A
Less serious offences tried only in the Magistrates’ Court, e.g. assault, battery, driving offences, shoplifting under £200.
6
Q
Who hears summary offences in court?
A
3 lay magistrates.
7
Q
What is the maximum sentence for summary offences?
A
6 months imprisonment or a £5,000 fine.
8
Q
What happens at the first court appearance for a summary offence?
A
Legal aid and bail are considered, and D enters a plea.
9
Q
What happens if D pleads guilty to a summary offence?
A
The CPS outlines the facts and magistrates sentence.
10
Q
What happens if D pleads not guilty to a summary offence?
A
A full trial takes place where both sides present evidence and magistrates deliver the verdict and sentence.
11
Q
What are triable either-way offences?
A
Offences like theft or ABH that can be tried in either Magistrates’ or Crown Court depending on seriousness.
12
Q
What is the first hearing called in triable either-way cases?
A
Plea before venue.
13
Q
What happens if D pleads guilty at plea before venue?
A
Magistrates decide if their sentencing powers are enough. If not, the case is sent to Crown Court for sentencing.
14
Q
Can D choose Crown Court if they plead guilty?
A
No. They can only elect Crown Court trial if they plead not guilty and the magistrates accept jurisdiction.
15
Q
What happens if D pleads not guilty?
A
A ‘mode of trial’ hearing is held. If magistrates accept the case, D can choose Crown or Magistrates’ Court. If they refuse, the case is sent to Crown Court.
16
Q
What are indictable offences?
A
The most serious crimes, e.g. murder, manslaughter, rape. Always tried in the Crown Court.
17
Q
What happens first in indictable offences?
A
A preliminary hearing is held in Magistrates’ Court to address bail and legal aid. Then it goes to Crown Court.
18
Q
What happens at the plea and case management hearing in Crown Court?
A
D enters a plea. If guilty, judge sentences. If not guilty, a jury trial is held.
19
Q
What happens at a Crown Court trial?
A
Prosecution and defence present cases. Jury decides verdict. If guilty, judge sentences.
20
Q
What is double jeopardy?
A
A person cannot be tried twice for the same offence.
21
Q
Are there exceptions to double jeopardy?
A
Yes — for murder and rape under the Criminal Justice Act 2003 if new and compelling evidence emerges.
22
Q
How can a defendant appeal from Magistrates’ Court?
A
They can appeal to the Crown Court (against conviction or sentence) or to the High Court (on a point of law).
23
Q
What happens in a Crown Court appeal?
A
A full retrial is held with a judge and two magistrates. The court can confirm, quash, or vary the conviction/sentence.
24
Q
What happens in a High Court appeal?
A
The appeal is on a point of law (case stated appeal). The High Court may confirm or reverse the decision.
25
Can appeals from the High Court go further?
Yes, to the Supreme Court if the issue is of public interest.
26
Who can appeal from Crown Court and to where?
The defendant can appeal to the Court of Appeal (with leave) against conviction or sentence. The prosecution can also appeal against acquittal, sentence, or a judge’s ruling.
27
What must happen before an appeal is heard in the Court of Appeal?
The appellant must get leave to appeal, or a certificate that the case is fit for appeal.
28
What can the Court of Appeal do?
Dismiss the appeal, quash the conviction, reduce the sentence (not increase), or order a retrial.
29
When can a case go to the Supreme Court?
Only on a point of law of public importance, with permission.
30
What is the role of the jury in criminal trials?
To decide the facts and deliver a verdict of guilty or not guilty. They do not decide sentence.
31
What percentage of criminal trials use juries?
About 1% — in serious indictable or triable-either-way offences heard in Crown Court.
32
How is a jury selected?
Randomly from the electoral register, age 18–75, lived in UK for 5 years, no serious convictions.
33
What is jury secrecy?
Jurors must not share or discuss what happens in the jury room. It is protected under s.8 Contempt of Court Act 1981.
34
Can the court ever investigate jury behaviour?
Yes, in two exceptions: 1. Rejection of oath (e.g. Young — jurors used a ouija board) 2. Extraneous material (e.g. Dallas — juror used internet research)
35
What is a direct acquittal?
The judge can instruct the jury to acquit if there is not enough evidence to proceed.
36
What verdicts can juries give?
Unanimous (12–0) or majority (11–1 or 10–2). If no majority, a retrial is ordered.
37
What is jury equity?
The ability to deliver a verdict based on conscience, even if it goes against the law (e.g. Owen, Blythe).
38
What did Lord Devlin say about juries?
“Trial by jury is the lamp that shows that freedom lives” — it symbolises liberty and public justice.
39
Why is jury secrecy an advantage?
Jurors are protected from external pressure, allowing honest and free discussion.
40
Why are juries considered impartial?
Randomly selected, unconnected to the case, and not case-hardened (only serve briefly).
41
What is a disadvantage linked to jury understanding?
Jurors may not understand complex legal directions — e.g. Pryce case. Only 31% fully understood oral directions (Thomas 2010 report), 48% when written.
42
What is jury tampering?
When someone interferes with the jury (e.g. threats or bribery). Case: R v Twomey — trial held without jury due to risk of tampering.
43
What is a perverse verdict?
When a jury ignores evidence or law and acquits a clearly guilty defendant — e.g. Owen, Blythe.
44
What case showed misuse of social media by jurors?
AG v Fraill — juror contacted a defendant on Facebook during trial. She was jailed for contempt of court.
45
What is the purpose of criminal law?
To maintain law and order and protect society by punishing wrongdoers.
46
What is the purpose of civil law?
To uphold the rights of individuals and provide remedies when their rights are breached.
47
Who initiates proceedings in criminal law?
Usually the state, acting through the Crown Prosecution Service (CPS).
48
Who initiates proceedings in civil law?
The individual whose rights have been affected — known as the claimant.
49
What are the parties called in a criminal case?
Prosecution and defendant (and often includes a victim).
50
What are the parties called in a civil case?
Claimant and defendant.
51
What professional organisations are involved in criminal trials?
Courts, judiciary, CPS, police, and probation service.
52
What professional organisations are involved in civil trials?
Courts, judiciary, and high court enforcement officers.
53
Who holds the burden of proof in criminal law?
The prosecution.
54
Who holds the burden of proof in civil law?
The claimant.
55
What is the standard of proof in criminal law?
Beyond reasonable doubt.
56
What is the standard of proof in civil law?
On the balance of probabilities.
57
What are the courts of first instance for criminal cases?
Magistrates’ Court or Crown Court.
58
What are the courts of first instance for civil cases?
County Court or High Court — some cases may also start in tribunals.
59
Who makes the decisions in criminal trials?
Magistrates in Magistrates’ Court, or judge and jury in Crown Court.
60
Who makes the decisions in civil trials?
A judge — a jury is very rare.
61
What is the decision called in a criminal trial?
Guilty or not guilty.
62
What is the decision called in a civil trial?
Liable or not liable.
63
What are the possible outcomes of a criminal trial?
Prison sentence, community sentence, fine, discharge, or driving ban.
64
What are the possible outcomes of a civil trial?
Usually an award of damages; possibly an injunction, specific performance, rescission, or rectification.
65
What are the 5 aims of sentencing under s142 Criminal Justice Act 2003?
Retribution, Protection of the public, Rehabilitation, Reparation, Deterrence (individual & general).
66
What is retribution?
Aims to punish D because they deserve it. Punishment must fit the crime. Includes tariff sentences — standard levels set for each offence.
67
What is protection of the public?
Removes dangerous offenders from society (e.g. life sentence for murder). Court must imprison D if there’s significant risk to the public (CJA 2003).
68
What is rehabilitation?
Aims to reform the offender’s behaviour to reduce reoffending.
69
What is reparation?
Aims to make amends to victim/community — e.g. compensation or unpaid work.
70
What is deterrence?
Prevents crime: • Individual deterrence discourages the specific offender • General deterrence discourages others in society.
71
What does s143 Criminal Justice Act 2003 say about sentencing?
Courts must consider seriousness based on harm to the victim and the offender’s culpability.
72
What are aggravating factors in sentencing?
Increase seriousness: racial motivation, weapon used, multiple victims, lack of remorse, abuse of trust, burglary while victim asleep.
73
What are mitigating factors in sentencing?
Reduce sentence: youth/age, genuine remorse, cooperation with police, personal problems, early guilty plea.
74
What other factors must courts consider when sentencing?
- Minimum/maximum sentence • Sentencing guidelines by the Sentencing Council • Pre-sentence report • Whether D pleaded guilty early • Aims of sentencing (s142 CJA 2003).
75
What is a custodial sentence?
Prison sentence — used when no other sentence is justified. Protects the public.
76
What is a suspended sentence?
Custodial sentence (14 days–2 years) is suspended for up to 2 years. If D reoffends, they serve the original sentence.
77
What is a community order?
Non-custodial sentence with tailored conditions under s177 CJA 2003. Can include: • Up to 300 hours unpaid work • Prohibited activity • Alcohol/mental health treatment.
78
What is a fine?
A financial penalty. Most common sentence. Can be used on individuals and businesses.
79
What are discharges?
Least serious sentence. D is convicted but not punished. Two types: • Absolute discharge — no penalty imposed (e.g. D is technically guilty but morally blameless) • Conditional discharge — no punishment unless D reoffends within a set period (up to 3 years).
80
What is a pre-sentence report?
A report by the probation service to help courts decide sentence. Includes: • Offender’s background • Risk to public • Likelihood of reoffending • Suitability for alternatives to custody.
81
Who are lay magistrates?
Unpaid, non-legally qualified volunteers who hear cases in Magistrates’ Court.
82
What are the formal requirements to be a lay magistrate?
Age 18–75, live or work in the local area, available for 26 half-day sittings per year.
83
What qualities must lay magistrates have?
Impartiality, sound judgement, understanding of facts, commitment, and reliability.
84
What support do magistrates receive in court?
A legal advisor assists on law/procedure but cannot influence decisions (s28 Justice of the Peace Act 1979).
85
What is the sentencing power of lay magistrates?
Up to 6 months’ imprisonment (12 for 2 offences); max fine £5,000.
86
How do magistrates sit in court?
Normally as a bench of 3 — chairperson and 2 wingers. A single district judge may also sit alone with equal power.
87
What is the role of magistrates in criminal cases?
Hear 95% of all criminal cases (summary and TEW), hold preliminary hearings for indictable offences, conduct bail hearings, issue warrants, and decide on verdict and sentence.
88
What is the ‘Mode of Trial’ hearing?
Decides whether a triable-either-way case should be heard in Magistrates’ or Crown Court.
89
What happens with indictable offences in Magistrates’ Court?
Magistrates conduct a preliminary hearing and then send the case to Crown Court under s51 Crime and Disorder Act 1998 without hearing a plea.
90
What powers do magistrates have regarding bail?
Can grant or refuse bail under the Bail Act 1976.
91
What powers do magistrates have regarding warrants?
Can issue search and arrest warrants when police present evidence on oath.
92
What is continued detention under PACE?
Police can detain for 24 hours. Superintendent can extend to 36 hours. Magistrates can approve up to 96 hours for indictable offences.
93
What is the role of lay magistrates in specialist courts?
• Youth court — for offenders aged 10–17, heard by specially trained magistrates • Family court — for custody/maintenance cases • Appeals — magistrates sit in Crown Court with a judge to hear appeals from Magistrates’ Court.
94
What is the role of a trial judge in criminal courts?
Presides over trials in Crown Court, manages case (evidence, witnesses), directs the jury, decides law, and passes sentence.
95
What does a district judge do?
Sits alone in Magistrates’ Court (criminal) or County Court (civil), decides facts, law, and sentence.
96
What does a circuit judge do?
Sits in Crown Court or County Court. In Crown Court, hears cases with a jury, decides law, and sentences if guilty.
97
What does a High Court judge do?
Hears serious first-instance cases alone, or sits with another judge for appeals.
98
What does a Lord Justice of Appeal do?
Sits in Court of Appeal — usually 3 judges (5 for important cases), hears appeals from Crown Court or High Court.
99
What does a Supreme Court Justice do?
Hears appeals on points of law of general public importance. Minimum 3 judges, often 5+. All lower courts must follow their decisions.
100
What happens at a plea and case management hearing?
Indictment is read. If D pleads guilty — may be sentenced immediately. If not guilty — court sets trial date and hears details on witnesses and evidence.
101
What is the judge’s role during trial?
Manages proceedings, decides points of law, ensures fair trial, and sums up case for jury.
102
Who decides the facts in a Crown Court trial?
The jury.
103
What is the maximum sentence a Crown Court judge can give?
Up to life imprisonment depending on the offence.
104
What is a barrister and what do they do?
A legal advocate with full rights of audience. Represents clients in all courts, drafts legal arguments, gives opinions, and cross-examines witnesses. Usually self-employed and works from chambers.
105
What is the cab rank rule?
A barrister must accept any case within their area of expertise if available to do so.
106
What is King’s Counsel?
A senior barrister recognised for excellence, allowed to charge more and wear silk robes. Appointed after 10+ years.
107
What is a solicitor and what do they do?
Provides legal advice, handles paperwork, negotiates, prepares cases, and may represent clients in court. All solicitors have rights of audience in Magistrates and County Courts. Can apply for higher rights of audience.
108
What are contentious and non-contentious work?
Contentious = involves court disputes. Non-contentious = legal work outside court (e.g. contracts, wills).
109
What is a legal executive?
A qualified legal professional (not solicitor/barrister). Often works in solicitors’ firms, handles simpler legal matters, and specialises in one field. Limited rights of audience but can apply for more.
110
What is the Legal Services Board (LSB)?
Oversees the regulators of legal professionals in England and Wales. Ensures regulation is in the public interest.
111
What is the Bar Standards Board (BSB)?
Regulates barristers. Sets training requirements, investigates breaches, and can discipline or disbar barristers via tribunal.
112
What is the General Council of the Bar?
Represents barristers. Promotes interests of the Bar, supports members, and helps with business opportunities.
113
What is the Law Society?
Governing body for solicitors. All practising solicitors must be members. Supports and represents solicitors, lobbies government.
114
What is the Solicitors Regulation Authority (SRA)?
Regulates solicitors. Sets training standards, investigates complaints, and can refer cases to the Solicitors Disciplinary Tribunal (fines, suspension, strike off).
115
What is the Chartered Institute of Legal Executives (CILEx)?
Membership body for legal executives. Offers training and support.
116
What is the CILEx Regulation Board?
Independent regulator for legal executives. Investigates complaints, refers serious cases to the Disciplinary Tribunal.
117
What is the Legal Ombudsman?
Deals with complaints about legal professionals and how regulatory bodies handle complaints. Can order apologies, compensation, returned documents, or fee reductions.
