Media Law: 3 Criminal courts & procedure Flashcards
(162 cards)
1
Q
indictable offences
[3]
A
- most serious
- only in Crown Court
- jury
2
Q
either way offences
[3]
A
- either magistrates or Crown Court
- defendant can insist on a Crown Court trial
- otherwise magistrates decide if they have enough sentencing power
3
Q
summary offences
[2]
A
- only magistrates court
- DO NOT see as trivial (inc. assaulting police officer and drink driving)
4
Q
start of criminal proceedings
[3]
A
- ALL start in magistrates
- one or two hearings before trial starts
- 95% stay in magistrates
5
Q
magistrates sentencing power
[3]
A
- max. 6 months’ prison sentence
- 12 for multiple offences
- can refer more severe sentences to Crown Court
6
Q
legal advisor to magistrates
[2]
A
- clerk to the justices
- no say on sentence
7
Q
youth courts
[2]
A
- try under 18s
- branch of magistrates court
8
Q
percentage/number cases tried by jury
[2]
A
- 1%
- 30,000 cases per year
9
Q
role of jury
[1]
A
- decide whether innocent or guilty
10
Q
criteria for jurors
[3]
A
- 12 people from electoral register
- 18-70
- over 65s can opt out
11
Q
historical exemptions
[1]
A
- professions (e.g. lawyers, doctors, judges)
- abolished by Criminal Justice Act 2003
12
Q
referring to Crown Court
[3]
A
- 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
Q
referring to Crown Court
[3]
A
- 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
Q
either way offences
[3]
A
- either magistrates or Crown Court
- defendant can insist on a Crown Court trial
- otherwise magistrates decide if they have enough sentencing power
15
Q
summary offences
[2]
A
- only magistrates court
- DO NOT see as trivial (inc. assaulting police officer and drink driving)
16
Q
start of criminal proceedings
[3]
A
- ALL start in magistrates
- one or two hearings before trial starts
- 95% stay in magistrates
17
Q
magistrates sentencing power
[3]
A
- max. 6 months’ prison sentence
- 12 for multiple offences
- can refer more severe sentences to Crown Court
18
Q
legal advisor to magistrates
[2]
A
- clerk to the justices
- no say on sentence
19
Q
youth courts
[2]
A
- try under 18s
- branch of magistrates court
20
Q
percentage/number cases tried by jury
[2]
A
- 1%
- 30,000 cases per year
21
Q
role of jury
[1]
A
- decide whether innocent or guilty
22
Q
criteria for jurors
[3]
A
- 12 people from electoral register
- 18-70
- over 65s can opt out
23
Q
people NOT allowed on juries
[4]
A
- 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
Q
historical exemptions
[2]
A
- 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
