Mock Section A Flashcards
(28 cards)
What are the classification of offences in criminal law?
Summary- minor offence, heard at magistrates
triable either way- magistrates or crown infront of judge and jury, theft and assault
indictable
Indictable- heard in crown, murder manslaughter and rape
Describe process of a summary offence
-Preliminary hearing: 1st appearance at magistrates and plea guilty/not guilty
-Magistrates want pre sentence reports
- if d pleads not guilty will have an adjournment
-pre trial review
-final hearing date finalised
Describe process of either way offence
-Magistrates or crown
-plea before venue hearing- d can request court and asked for plea:guilty/not guilty
-if plead guilty d cant ask for crown
-Mode of trial- if not guilty- decides where held
Describe process of an Indictable offence
-early administrative hearing at magistrates
Deals w public funding etc
-case sent to crown
- d will plea
- if guilty - sentencing
-if not guilty- pre trial review
- trial by judge and jury
What is meant by judicial review?
Claimant challenges lawfulness of gov decision, if win conviction quashed
What is meant by public and private law?
Public- crimes are committed against the state
Private- civil disputes between private individuals
What are the 3 divisions in civil courts?
Chancery, family , queens bench
What does chancery division do?
Enforcement of mortgages, disputes relating to trust property, property and land matters, involves disputes, cases heard by single judges
What does family division do?
Disputes about when country’s law should apply and all international cases concerning family matters under the Hague convention, heard by a single judge, crime and courts act 2013 created separate family matters, previously dealt with in family division now dealt with here
What does queens bench division do?
Biggest of the 3, deals with contract and tort law where amount claimed is over 100,000
Which court for which case?
Small- <10,000, <£1000 for personal injury
County- <£100,000, <£50,000 personal injury
High- >£100,000, >£50,000 for personal injury
What are the fast tracks for civil courts
small - <£10,000 or £1000 for personal injury ( 5 year as solicitor or barrister)
Fast track- £10,000 to £25000 (7 years experience)
Multi track- £25000 + (7 years)
What are the 5 aims of sentencing
Retribution, deterance, rehabilitation, protection of the public, repartition
What is meant by retribution
Imposing punishment because offender has broken law
What is meant by deterance
Punishment aimed at stopping d from re offending
Type 1) aimed at person being punished
Type 2) impact of the threat of legal punishment on the public
What is meant by rehabilitation
Alter behaviour of d and retrograde into society
What is meant by protection of the public
Removing offenders from society
What is meant by reparation
Making amends for a wrong
What are factors in sentencing
Offence
Sentencing guidlines
Background
Pre sentence reports
What is a mitigating factor
Lessons severity of sentence
- plea guilty
-1st time offender
-physical illness
What are the 4 main categories of sentencing
Custodial
Community
Fines
Discharges
What is meant by mediation
Non biding dispute resolution process in which neutral 3rd party assists parties to settle differences but doesnt advise them
What is meNt by conciliation
A 3rd party steers negotiations towards an amicable conclusion
What is meant by negotiation
Process of coming to an agreement usually the first method used in adr, negotiating until a settlement is agreed or a court hearing occurs
