Media Law: 3 Criminal courts & procedure Flashcards

(162 cards)

1
Q

indictable offences

[3]

A
  • most serious
  • only in Crown Court
  • jury
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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
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3
Q

summary offences

[2]

A
  • only magistrates court

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

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4
Q

start of criminal proceedings

[3]

A
  • ALL start in magistrates
  • one or two hearings before trial starts
  • 95% stay in magistrates
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5
Q

magistrates sentencing power

[3]

A
  • max. 6 months’ prison sentence
  • 12 for multiple offences
  • can refer more severe sentences to Crown Court
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6
Q

legal advisor to magistrates

[2]

A
  • clerk to the justices

- no say on sentence

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7
Q

youth courts

[2]

A
  • try under 18s

- branch of magistrates court

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8
Q

percentage/number cases tried by jury

[2]

A
  • 1%

- 30,000 cases per year

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9
Q

role of jury

[1]

A
  • decide whether innocent or guilty
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10
Q

criteria for jurors

[3]

A
  • 12 people from electoral register
  • 18-70
  • over 65s can opt out
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11
Q

historical exemptions

[1]

A
  • professions (e.g. lawyers, doctors, judges)

- abolished by Criminal Justice Act 2003

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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”
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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”
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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
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15
Q

summary offences

[2]

A
  • only magistrates court

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

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16
Q

start of criminal proceedings

[3]

A
  • ALL start in magistrates
  • one or two hearings before trial starts
  • 95% stay in magistrates
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17
Q

magistrates sentencing power

[3]

A
  • max. 6 months’ prison sentence
  • 12 for multiple offences
  • can refer more severe sentences to Crown Court
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18
Q

legal advisor to magistrates

[2]

A
  • clerk to the justices

- no say on sentence

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19
Q

youth courts

[2]

A
  • try under 18s

- branch of magistrates court

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20
Q

percentage/number cases tried by jury

[2]

A
  • 1%

- 30,000 cases per year

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21
Q

role of jury

[1]

A
  • decide whether innocent or guilty
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22
Q

criteria for jurors

[3]

A
  • 12 people from electoral register
  • 18-70
  • over 65s can opt out
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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
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24
Q

historical exemptions

[2]

A
  • professions (e.g. lawyers, doctors, judges)

- abolished by Criminal Justice Act 2003

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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