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