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AS-Level Law (OCR) // Criminal, Tort > Paper 1.3 - The criminal process and sentencing > Flashcards

Paper 1.3 - The criminal process and sentencing Flashcards

English Legal System

1
Q

What are the three classifications of offences?

A

Summary, triable either way and indictable.

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2
Q

Which of the classifications are the least serious offences?

A

Summary.

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3
Q

Which of the classifications are the most serious offences?

A

Indictable.

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4
Q

Which court are summary cases heard?

A

Magistrates’ court.

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5
Q

Give an example of a summary offence.

A

EG
Assault / Battery, Motor offence, Public misconduct offence.

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6
Q

What is the maximum sentence that can be given for a summary offence?

A

6 months in prison (first offence).
12 months in prison (for multiple offences).
You can also receive fines and community orders.

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7
Q

Which court are triable either way cases heard?

A

Magistrates’ or Crown; depends on pre-trial procedure.

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8
Q

Give an example of a triable either way offence.

A

EG
Theft, Burglary, ABH

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9
Q

Which court are indictable offences heard in?

A

Crown. (Always sent up from Magistrates’)

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10
Q

Give an example of an indictable offence.

A

EG
Murder, Rape, Manslaughter, Robbery.

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11
Q

Give a short description of the pre trial procedure for summary offences.

A

If d pleads guilty, the case will be heard and they will be sentenced.
If d pleads not guilty, the magistrates will discern the issue and then set a trial for the date.

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12
Q

What are the 3 stages of the pre trial procedure for indictable offences called?

A

First hearing, plea & trial preparation hearing and disclosure.

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13
Q

Why can’t d plead guilty at the first hearing of an indictable offence?

A

The first hearing takes place in the Magistrates’ court and therefore they have no jurisdiction on the case. It is strictly for bail and legal aid.

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14
Q

Explain what happens if d pleads guilty at a plea and trial preparation hearing.

A

D is sentenced there and then.

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15
Q

Explain what happens if d pleads not guilty at a plea and trial preparation hearing.

A

A timetable is set for the trial and disclosure begins.

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16
Q

What is disclosure?

A

Disclosure is the final stage of pre trial preparation; here both sides exchange all evidence they have before the trial.

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17
Q

What is the first stage of pre trial procedure in triable either way offences?

A

Plea before venue; this is where d submits a plea at the first hearing in the Magistrates’.

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18
Q

If a d pleads guilty at a plea before venue in a triable either way case, what happens next?

A

The magistrates must decide on whether they have enough power to sentence d. They will then either sentence or promote the case to Crown Court.

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19
Q

If a d pleads not guilty at a plea before venue in a triable either way case, what happens next?

A

The magistrates decide whether they have jurisdiction over the case. They will then either hold the trial or promote it to Crown Court.

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20
Q

How many magistrates sit in a summary trial?

A

3 (or 2 and a district judge in some cases).

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21
Q

Magistrates’ court can assist the prosecution by issuing what to police?

A

Arrest and search warrants.

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22
Q

Magistrates have the ability to increase police detention time from 36 hours to what?

A

Up to 96 hours (or longer if D is charged with a terror crime).

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23
Q

Through what method (judge, jury, etc.) is a verdict reached for defendants who plead not guilty in Crown Court?

A

Via the jury system.

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24
Q

If d pleads guilty in Crown Court, a PSR is ordered from a probate officer. What does PSR stand for?

A

Pre sentence report.

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25
Q

How many judges sit in indictable cases?

A

1.

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26
Q

When appealing a conviction from a Magistrates’ court, does the defendant have to obtain leave?

A

No.

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27
Q

When appealing a conviction in the Magistrates’ court, how many judges / magistrates rehear the case and in what court?

A

A judge and two magistrates, in Crown Court.

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28
Q

What Act grants D the right to appeal against their sentence?

A

Criminal Appeal Act 1995.

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29
Q

When appealing a sentence in the Magistrates’ court, what options does the Crown Court have when deciding a new sentence?

A

Reduce, uphold or increase sentence (within Magistrates’ court maximum).

30
Q

Who may use a case stated appeal from the Magistrates’ court?

A

Prosecution and defence.

31
Q

Where are case stated appeals from the Magistrates’ court heard?

A

King’s Bench Division in High Court.

32
Q

When the defence appeals in Crown Court, do they need to obtain leave?

A

Yes, the issue of leave is decided by a judge in the Court of Appeal under the Criminal Appeal Act 1995.

33
Q

When is the defence likely to be granted leave to appeal to the Crown Court?

A

When a conviction is deemed ‘unsafe’ (eg new evidence)
or the jury have been nobbled.

34
Q

What options do the Court of Appeal have upon hearing an appeal from Crown Court regarding sentence and conviction? (2)

A

Conviction can be: quashed, dismissed or re-trialled (in Crown Court)
Sentence can be: decreased or kept the same.

35
Q

The prosecution may only appeal against an acquittal from Crown Court if… (2 reasons)

A

The jury have been nobbled or there is new, compelling evidence that would cause the public distress (CJA 2003)

36
Q

The prosecution may only appeal against a sentence from Crown Court if… (1 reason)

A

The sentence is ‘unduly lenient’ where it is then reviewed by the Attorney General.

37
Q

What conditions must be met for an appeal to the Supreme Court to be successful?

A
  1. Case is a matter of general public importance.
  2. Appealing party has obtained leave.
38
Q

What section of what Act sets out the aims of sentencing for adults?

A

s142 of the Criminal Justice Act 2003.

39
Q

What are the five aims of sentencing?

A

Punishment, deterrence, protection of public, rehabilitation and reparation.

40
Q

Define the punishment aim of sentencing, giving one example.

A

EG
Sentence is proportional to the offence; custodial sentence.

41
Q

Define the deterrence aim of sentencing, giving one example.

A

EG
Ensures offender (and other people like them) do not reoffend; custodial sentence.

42
Q

Define the protection of the public aim of sentencing, giving one example of a type of sentence it is applicable to.

A

EG
Ensures offender is incapable of harming society further; custodial sentence.

43
Q

Define the rehabilitation aim of sentencing, giving one example.

A

EG
Gives offender a chance to correct their actions and re-enter society; community service.

44
Q

Define the reparation aim of sentencing, giving one example.

A

EG
Ensures victim of the crime receives compensation for offender’s actions; free labour (fixing a broken fence)

45
Q

What is an aggravating factor? Include an example.

A

A factor that worsens d’s image, usually resulting in a harsher sentence eg use of weapon.

46
Q

What is a mitigating factor? Include an example.

A

A factor that betters d’s image, usually resulting in nicer sentence eg remorse.

47
Q

In a pre-sentence report, there are three types of factors that are important in sentencing: aggravating, mitigating and other. Give an example of a ‘other’ factor.

A

EG
Mental health, addictions, illnesses.

48
Q

What is a custodial sentence?

A

A prison sentence.

49
Q

When is a custodial sentence awarded and what Act defines this?

A

A custodial sentence must only be passed when the offence cannot be justified by a fine or community order; Criminal Justice Act 2003

50
Q

What is a mandatory life sentence?

A

Judge must any offenders a life sentence; may release after 12 years on license

51
Q

Give an example of a crime with a mandatory life sentence.

A

EG
Murder, rape.

52
Q

What happens if a convict released on licence commits any other crime?

A

Whole life sentence (no chance of release).

53
Q

What is a discretionary life sentence?

A

Judge doesn’t necessarily have to give this life sentence (depends on factors).

54
Q

Give an example of a crime with a discretionary life sentence.

A

EG
s18 GBH, Manslaughter

55
Q

What is a fixed term custodial sentence?

A

A set length of time an offender will be sent to prison for (eg Theft Act 1969 - max sentence is 7 years)

56
Q

When may an offender with fixed term sentences be released on licence?

A

Once they have served half their sentence, if parole is approved.

57
Q

What is a suspended prison sentence?

A

A custodial sentence that is delayed pending a second offence; offender is only imprisoned if a second offence is committed.

58
Q

What restrictions apply to suspended prison sentences? (Max length, max delay, age)

A

Sentence must be up to 2 years, can only be delayed 6-24 months, for adult offenders.

59
Q

When may a judge opt for a suspended sentence?

A

In cases of exceptional circumstance, where usual custodial sentencing would be unfair (eg child on the way).

60
Q

What Act codified community orders?

A

Criminal Justice Act 2003.

61
Q

What are the four ‘main’ types of community orders?

A

Unpaid work, prohibited activity (ban), curfew, supervision.
(Also mental health treatment order, drug / drink order, anger management order, etc.)

62
Q

How much unpaid work can an offender be sentenced to? (hours)

A

40 - 300 hours.

63
Q

Prohibited activity community orders often involve what?

A

Banned from an activity that often leads to crime (eg drinking bans, restraining orders, driving ban)

64
Q

What is the maximum time an offender can be ordered to remain at an address once sentenced to curfew?

A

16 hours (in each 24 hour day)

65
Q

Who supervises offenders sentenced to supervision and for how long?

A

Probation officer, up to 3 years.

66
Q

In which court are fines the most common sentence?

A

Magistrates’ court.

67
Q

What happens if an offender can’t afford to pay a fine?

A

The fine is written off.

68
Q

What are the two types of discharge in sentencing?

A

Conditional and absolute.

69
Q

What is a conditional discharge?

A

A complete release on the basis that no other crimes are committed for the next three years.

70
Q

What is an absolute discharge?

A

An unconditional release; technically guilty but morally blameless (ie poor mother stealing nappies)

AS-Level Law (OCR) // Criminal, Tort (17 decks)

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