Media Law: 3 Criminal courts & procedure Flashcards Preview

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Flashcards in Media Law: 3 Criminal courts & procedure Deck (162):
1

indictable offences
[3]

- most serious
- only in Crown Court
- jury

2

either way offences
[3]

- either magistrates or Crown Court
- defendant can insist on a Crown Court trial
- otherwise magistrates decide if they have enough sentencing power

3

summary offences
[2]

- only magistrates court
- DO NOT see as trivial (inc. assaulting police officer and drink driving)

4

start of criminal proceedings
[3]

- ALL start in magistrates
- one or two hearings before trial starts
- 95% stay in magistrates

5

magistrates sentencing power
[3]

- max. 6 months' prison sentence
- 12 for multiple offences
- can refer more severe sentences to Crown Court

6

legal advisor to magistrates
[2]

- clerk to the justices
- no say on sentence

7

youth courts
[2]

- try under 18s
- branch of magistrates court

8

percentage/number cases tried by jury
[2]

- 1%
- 30,000 cases per year

9

role of jury
[1]

- decide whether innocent or guilty

10

criteria for jurors
[3]

- 12 people from electoral register
- 18-70
- over 65s can opt out

11

historical exemptions
[1]

- professions (e.g. lawyers, doctors, judges)
- abolished by Criminal Justice Act 2003

12

referring to Crown Court
[3]

- technically only ONE Crown Court, but can sit in multiple places simultaneously
- should be "the Crown Court"
- but common to refer to "[Cambridge] Crown Court" rather than "the Crown Court sitting at Cambridge"

13

referring to Crown Court
[3]

- technically only ONE Crown Court, but can sit in multiple places simultaneously
- should be "the Crown Court"
- but common to refer to "[Cambridge] Crown Court" rather than "the Crown Court sitting at Cambridge"

14

either way offences
[3]

- either magistrates or Crown Court
- defendant can insist on a Crown Court trial
- otherwise magistrates decide if they have enough sentencing power

15

summary offences
[2]

- only magistrates court
- DO NOT see as trivial (inc. assaulting police officer and drink driving)

16

start of criminal proceedings
[3]

- ALL start in magistrates
- one or two hearings before trial starts
- 95% stay in magistrates

17

magistrates sentencing power
[3]

- max. 6 months' prison sentence
- 12 for multiple offences
- can refer more severe sentences to Crown Court

18

legal advisor to magistrates
[2]

- clerk to the justices
- no say on sentence

19

youth courts
[2]

- try under 18s
- branch of magistrates court

20

percentage/number cases tried by jury
[2]

- 1%
- 30,000 cases per year

21

role of jury
[1]

- decide whether innocent or guilty

22

criteria for jurors
[3]

- 12 people from electoral register
- 18-70
- over 65s can opt out

23

people NOT allowed on juries
[4]

- on bail
- ever sentenced to 5 years in prison
- received prison sentence, suspended sentence, community order or probation order in last 10 years
- mental health problems requiring hospitalisation or regular treatment

24

historical exemptions
[2]

- professions (e.g. lawyers, doctors, judges)
- abolished by Criminal Justice Act 2003

25

referring to Crown Court
[3]

- technically only ONE Crown Court, but can sit in multiple places simultaneously
- should be "the Crown Court"
- but common to refer to "[Cambridge] Crown Court" rather than "the Crown Court sitting at Cambridge"

26

non-police bodies that investigate crime
[2]

- Health and Safety Executive (HSE)
- Serious Fraud Office (SFO)

27

acts governing police procedure
[3]

- Police and Criminal Evidence Act 1984 (PACE)
- Criminal Justice and Public Order Act 1994
- Serious Organised Crime and Police Act 2005

28

point at which criminal proceedings start
[2]

- arrest is made
- police lay an information

29

laying an information
[3]

- document outlining particulars of offence sent by police to magistrates
- magistrates can issue arrest warrant or summons
- must be laid within 6 months of summary offence for magistrates to be able to try it

30

summons
[2]

- tells defendant what they are accused of
- when they must attend court

31

pre-arrest powers
[4]

- do not have to answer questions from police
- cannot be detained unless lawfully arrested
- fine line between not answering questions and obstruction
- someone voluntarily attending police station can leave whenever ('detained for questioning' has no legal meaning)

32

factors for public interest
[4]

- in Code of Practice for Crown Prosecutors
- likely to result in significant sentence
- offence against someone serving the public (e.g. police)
- minor offence that happens very frequently in local area

33

right during police questioning
[1]

- being told what you're accused of

34

time limits on detention
[4]

- 36 hours (then must release or charge)
- indictable offence: can add 12 hours if necessary (48)
- apply to magistrates for more (up to 96 hours)
- terrorism charges: 28 days

35

end of questioning
[2]

- when charged
- just PACE guidelines, but could mean evidence not usable in court

36

released and not charged
[2]

- civil case of false / wrongful arrest
- tests whether grounds for arrest unreasonable

37

DEF: arrest warrant guaranteeing suspect released on bail
[1]

- 'backed for bail'

38

reasons not to grant bail
[6]

- suspect will abscond, commit further offences, interfere with witnesses, obstruct course of justice
- for defendant's protection
- not yet sufficient information to make decision
- already on bail for indictable offence
- already charged with imprisonable offence AND tests positive for Class A drugs
- charged with murder, manslaughter, rape, attempted rape AND has previous conviction of same crime

39

DEF: bail money paid by defendant

- 'security'
- lost if fail to make court appearance

40

DEF: bail money paid by third party

- 'surety'
- does not have to be paid in advance
- if defendant doesn't show then third party can be jailed

41

DEF: suspects awaiting trial who have been refused bail

- prisoners on remand
- approx. 22% prison population

42

CPS options after charging

- prosecute
- drop charges
- issue caution

43

caution

- formal warning
- suspect must admit guilt AND there must be likelihood of successful prosecution
- recorded and can be used as evidence of criminal record

44

CPS's two-stage test whether to prosecute

- sufficient evidence?
- in public interest?

45

public interest

- in Code of Practice for Crown Prosecutors
- likely to result in significant sentence
-

46

factors making prosecution unlikely

- suspect elderly or unwell
- long time between offence and trial date

47

private prosecutions

- if CPS drops charges private individuals can prosecute
- no legal aid available
- in serious cases DPP must be informed

48

DEF: magistrates sitting on pre-trial hearings that will go to Crown Court

- 'examining justices'

49

pre-trial hearing for summary cases

- optional
- magistrate may hold one so both sides can agree main issues of case

50

pre-trial hearing for either way cases

- start with 'plea before venue' from defendant (i.e. guilty or not guilty)

51

after guilty plea

- hear prosecution for 'mitigation'

52

options after hearing guilty plea prosecution

- adjourn for reports (e.g. on mental state, etc.)
- sentence defendant
- send defendant to Crown Court for sentencing

53

after not guilty plea

- defendant decides venue
- magistrates can also insist on Crown Court

54

DEF: procedure before magistrates send to Crown Court

- committal / committal for trial

55

committal

- magistrates decide whether enough evidence to send to Crown Court
- done on paper (e.g. written statements for prosecution)
- defence can insist not enough evidence, forcing magistrates to assess evidence themselves
- if magistrates agree with defence then case can be thrown out

56

DEF: written statements for prosecution

- 'depositions'

57

if magistrates dismiss a case...

- prosecution can apply to High Court for bill of indictment
- Crown Court case goes ahead anyway

58

DEF: fast-track procedure for either way cases involving children or serious fraud

- notice of transfer

59

jury verdicts

- retire for at least 2 hours
- judge prefers unanimous verdict
- can accept 11-1 or 10-2
- or 10-1 or 9-2 if jury reduced, e.g. by illness

60

sending for trial

- defendant appears usually once in magistrates
- issues of funding from Legal Services Commission (formerly Legal Aid)
- use of particular statements / exhibits

61

arguing no case to answer

- defendant can apply within 14 days for case to be dismissed
- defence can apply to High Court that case should not be in Crown Court

62

bail application

- long period between pre-trial hearings and Crown Court
- prosecution will be asked for their objections

63

DEF: pre-trial hearing in Crown Court

- plea and direction hearing
- guilty or not guilty
- known as the arraignment

64

DEF: start of the trial for complex cases

- 'preparatory hearing'
- detailed examination of cases so judge can make it more easily comprehensible to jury later

65

prosecution's job

- prove beyond reasonable doubt that defendant is guilty

66

reading of charges

- also called 'counts'
- may not be same in Crown as in magistrates (journos should check)

67

procedure for guilty pleas

- prosecution details evidence and previous criminal record
- social inquiry reports read out
- defence can plea for mitigation
- sentencing

68

procedure for not guilty pleas
[11]

- jury sworn in
- case outlined by prosecution lawyer
- examination-in-chief: prosecution calls witnesses
- cross-examination: defence questions witnesses
- re-examination: prosecution can ask witnesses more questions
- defence can argue no case (if agreed then case dismissed)
- defence then calls witnesses (same procedure)
- closing speeches (can happen twice)
- judge's summing up (Crown Court only)
- jury verdict
- sentencing

69

defendant evidence

- can refuse if they want
- prosecution allowed to draw attention to this if defendant is over 14

70

compelling witnesses to give evidence

- witnesses can be ordered to give evidence
- if they refuse, they can be fined or put in jail
- usually spouses of unwilling defendants are exempt

71

DEF: witness who changes evidence in statement

- 'hostile witness'

72

jury verdicts

- retire for at least 2 hours
- judge prefers unanimous verdict
- can accept 11-1 or 10-2
- or 10-1 or 9-2 if jury reduced, e.g. by illness

73

after defendant found guilty

- sentencing stage
- previous convictions can be revealed
- can be adjournments for reports to be delivered, etc.

74

reasons previous convictions might be allowed before sentencing

- defendant giving false impression of character
- defence attacks character of prosecution witness
- important for case (e.g. facts so similar to previous conviction that it reveals a pattern of behaviour)

75

DEF: admission of other offences of similar nature

- 'taken into consideration' (TICs)
- police don't waste time/money
- offender gets smaller sentence increase than if investigated later

76

types of sentence
[7]

- imprisonment
- fines
- community sentences
- mental health orders
- compensation / confiscation orders
- binding over orders
- absolute and conditional discharges

77

another name for sentence of imprisonment

- custodial sentence

78

when imprisonment might not happen

- if defendant wasn't represented by a lawyer / didn't refuse representation
- if subtraction of time remanded in custody exceeds sentence

79

DEF: when subtraction of time remanded in custody exceeds sentence

- being released 'on remand'

80

types of custodial sentence

- fixed sentence
- tariff sentence
- imprisonment for public protection (IPP)

81

defer passing a sentence

- up to 6 months
- with defendant's consent
- if circumstances likely to change
- e.g. intention to pay reparations

82

tariff sentences

- most offences
- only sets maximum sentence
- NOT rigid, but guideline to what similar offences should get
- informed by guidance from Court of Appeal

83

imprisonment for public protection (IPP)

- minimum sentence set
- release based on decision by Parole Board
- usually some sort of rehabilitation (anger management, drug problems, etc.)

84

DEF: considerations that might lower sentences

- mitigating factors

85

DEF: things that lead to mitigating factors being ignored

- aggravating factors

86

DEF: now used for cases where 12-month sentences were deemed ok

- 'custody plus'
- up to 3 months imprisonment
- at least 6 months supervision in community
- Criminal Justice Act 2003

87

CASE: EU ruled Home Sec should not decide life

- R v Anderson

88

types of life sentences

- LIFE: most serious (serial killers, terrorist murderers)
- 30 years: killers with sexual/racial/religious motives, killers of police
- 15 years: the rest

89

after minimum expires

- Parole Board evaluates

90

DEF: when multiple offences, all start at same time

- concurrent sentences

91

DEF: when multiple offences, one after the other

- consecutive sentences

92

DEF: not sent to prison unless reoffend during timeframe

- suspended sentence
- ALWAYS referred to in media
- NEVER said to be 'jailed'

93

DEF: combination of suspended sentence and community service

- 'custody minus'

94

absolute discharge

- free to go without penalty
- judge recognises law broken but deems punishment unnecessary

95

fines

- not if mandatory prison sentence
- must stick to statute
- otherwise judge decides
- must take defendant's financial situation into account

96

magistrates max. fines

- £5,000

97

Crown Court max. fines

- limitless

98

community sentence

- defendant over 16
- supervision in community

99

examples of community sentence

- community service
- curfew
- treatment for addiction
- living in specific area
- abstain from specific activities

100

DEF: where under 25s sent to avoid re-offending

- attendance centre

101

mental health order

- order detention in hospital for treatment
- IF most appropriate for defendant
- Mental Health Act 1983

102

compensation order

- if caused injury or damage to property
- magistrates up to £1,000
- Crown Court = limitless
- alongside other sentences

103

confiscation order

- return of stolen property
- motor vehicles used to commit crime

104

binding over order

- for minor violent offences (breaches of peace)
- must promise good behaviour
- time limit (usually 1 year)
- sum of money which can be confiscated if order broken

105

binding over order before trial

- charges dropped, no trial held
- NOT reported as a conviction

106

conditional discharge

- free to go without penalty
- if break law within time limit then will be prosecuted for both new and old offence

107

absolute discharge

- free to go without penalty
- judge recognises law broken but deems punishment unnecessary

108

ASBO

- civil order sometimes used in criminal courts
- anyone over 10
- for anti-social behaviour against people you don't LIVE with
- AIM: prevent problematic behaviour or anything leading to it
- breaching can result in criminal penalties (fines/imprisonment)

109

Serious Crime Prevention Order

- requires recipient to do/not do something
- can apply for 5 years
- individuals or organisations convicted of serious crime involvement
- restrictions intended to protect public

110

SCPO if no conviction

- apply to High Court anyway

111

breach of SCPO

- 5 years imprisonment

112

reasons defendant may appeal
[2]

- plead not guilty but lost
- sentence too harsh

113

routes to appeal from magistrates court
[4]

- to the High Court, by way of 'case stated'
- to Crown Court
- referral by Criminal Cases Review Commission (CCRC)
- magistrates' error

114

to the High Court, by way of 'case stated'

- defence can ask magistrates to 'state the case' to Queen's Bench
- High Court can confirm, reverse or vary verdict, or order retiral by different magistrates
- magistrates can refuse if case deemed frivolous
- appellant can go make further appeal straight to Supreme Court
- ONLY on points of law, not if simply think verdict is wrong

115

to the Crown Court

- if defendant believes verdict wrong OR sentence too harsh
- if pleaded not guilty: only appeal the sentence
- appeal must be made within 28 days
- heard by circuit judge and 2/3 magistrates
- sentence can end up HIGHER

116

referral by CCRC

- independent body
- if appeal failed / made too late
- new evidence suggests verdict wrong
- referred to Crown Court for another hearing

117

magistrates error

- if magistrates believe they have made error
- retrial with new magistrates
- OR used to vary sentence

118

appeals from the Crown Court
[3]

- to Court of Appeal
- referral by CCRC
- by case stated

119

to Court of Appeal

- if defence believe verdict wrong / law implemented wrong / sentence too harsh
- need permission of trial judge or Court of Appeal
- NOT a rehearing, just going over evidence
- powers to: confirm, quash, order retrial, lower (not increase) sentence
- can go to Supreme Court if either side think case is wrong

120

DEF: retrying someone who has been acquitted for same offence

- double jeopardy
- abolished in Criminal Justice Act 2003

121

witness/jury intimidation

- High Court can quash acquittal
- only if there's a conviction for intimidating
- judges can stop a trial if witnesses/jury are intimidated

122

new evidence

- s75 of Criminal Justice Act 2003
- DPP can refer case to Court of Appeal
- Court of Appeal can quash acquittal and order retrial
- evidence must be: reliable, substantial, provide high degree of proof
- DPP must consider whether retrial fair (e.g. time lapsed since first trial)

123

appeals by prosecution

- appeal to High Court by way of case stated
- to Supreme Court (if Appeal decision not good)

124

sentence review

- Attorney-General can order Court of Appeal to review a sentence that is unduly lenient

125

difference between theft and robbery

- robbery involves violence AND dishonesty
- theft: just dishonesty

126

two parts defining crime

- criminal act (actus reus)
- mental element (mens rea)

127

DEF: crime in which prosecution just needs to prove the defendant did it, NOT whether they intended to do it

- strict liability offence
- some driving offences, industry and food regulation

128

DEF: killing a human being

- homicide

129

types of homicide
[4]

- murder
- voluntary manslaughter
- involuntary manslaughter
- infanticide

130

murder

- killing human being with intention to kill
- known as 'malice aforethought' (NOT actually to do with malice)

131

voluntary manslaughter

- killing with malice aforethought BUT mitigating circumstances
- tried for murder (not manslaughter) and have to argue case for voluntary manslaughter

132

defences which reduce murder to manslaughter

- provocation
- diminished responsibility
- suicide pact

133

provocation

- provoked by action that would drive anyone to lose self-control

134

diminished responsibility

- suffering 'abnormality of mind'
- medical evidence needed

135

involuntary manslaughter

- killed a human being, but without malice aforethought
- negligence, or part of violent crime

136

reporting manslaughter

- usually ok for journos to miss the involuntary/voluntary part

137

infanticide

- mother kills child under 12 months if mind distrubed

138

legal hierarchy of assault charges

- wounding with intent / causing GBH with intent
- malicious wounding / inflicting GBH
- assault occasioning ABH
- common assault

139

DEF: wounding

- breaking the skin

140

wounding with intent / causing GBH with intent

- most serious
- max. sentence life imprisonment
- includes physical/psychiatric damage and wounding

141

malicious wounding / inflicting GBH

- serious harm / wounding
- max. 5 years

142

assault occasioning ABH

- harm that's more than merely trivial

143

common assault

- general harm (cuts, bruises, grazes, black eye, etc.)

144

sexual offences legislation

- Sexual Offences Act 2003

145

rape

- man penetrates vagina/anus/mouth with penis, without consent or defendant reasonably believing consent
- can be to man or woman
- only men can be charged with rape (but women can be accomplice)

146

assault by penetration

- man penetrates vagina/anus/mouth with non-penis body part or object, without consent or defendant reasonably believing consent

147

sexual assault

- intentional touching that is sexual, without consent or defendant reasonably believing consent

148

when is consent irrelevant?

- under 13

149

sexual offences against children
[3]

- causing or inciting a child under 13 to commit sexual activity
- causing or inciting a child to commit sexual activity (if did not believe over 16)
- sexual activity with a child (touching sexually, 13 cut-off point applies)

150

theft

- dishonest appropriation of property belonging to another with intention of permanently depriving them of it
- 'stealing' acceptable description, 'robbery' is different

151

robbery

- theft using force / threat of force

152

burglary

- entering building (trespass) then stealing or inflicting GBH

153

aggravated burglary

- burglary with any weapon

154

fraud

- using deception for financial gain / deprive another financially
- just intention is enough

155

handling

- receiving / assisting in disposal of stolen goods, with knowledge they are stolen
- covers anything to do with stolen goods

156

reporting rewards

- OK: for info leading to conviction
- NOT OK: return of stolen goods on no-questions-asked basis

157

motor vehicle offences

- taking without owner's consent
- careless driving
- dangerous driving
- causing death by dangerous driving
- being in charge of vehicle while being unfit
- driving with excess alcohol
- causing death by dangerous driving while under the influence of drink
- driving under the influence of drugs
- failing to provide a specimen
- driving without insurance

158

taking without owner's consent (TWOC)

- created to deal with joyriders
- applies to passengers as well
- no intention to 'permanently deprive' of property
- NOT reported as stealing/theft, but 'taking' is ok

159

being in charge of vehicle while unfit

- applies to drink and drugs
- mere intention to drive is enough (e.g. sitting in drivers seat)

160

careless vs. dangerous driving

- careless: below standard of good driver
- dangerous: well below standard and obviously dangerous to any careful driver

161

failure to provide specimen

- alcohol cases
- at police station OR on roadside

162

insurance offences

- driving without insurance
- lending car to someone without insurance