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Law AS - Debbie LA1 > The Criminal Process > Flashcards

The Criminal Process Flashcards

(83 cards)

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1
Q

What can a breach of criminal law lead to?

A

A penalty - fine/prison

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2
Q

Who are prosecutions for criminal cases bought forward by?

A

Crown prosecution service (cps)

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3
Q

Where do all criminal trial cases start?

A

Magistrates court

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4
Q

What sort of matters do magistrates deal with?

A

Granting bail etc

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5
Q

What is an early administrative hearing?

A

Setting a court date and time for case to be heard by the magistrates

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6
Q

What are the 3 classifications of offence?

A

Summary offences - minor offences always trialed in magistrates, damage less than £5000
Triable either way offences - middle range crimes such as theft, tried in either magistrates or crown court
Indictable offences - Serious crimes such as murder, tried in crown court, magistrates can authorise bail

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7
Q

Why is a case sometimes adjourned in the first appearance at court?

A

CPS do not have all the information they need to proceed (usually always when defendant pleads not guilty)

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8
Q

When there is an adjornment what do the magistrates decide?

A

Wether or not to grant bail

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9
Q

If a defendant pleads guilty in triable either way offences case what happens?

A

Plea before venue (set out in Criminal Procedure and Investigations Act 1996) case is heard by magistrates and cannot be referred to crown court - can only send defendant for sentencing (COMMITTAL FOR SENTENCE)

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10
Q

If a defendent pleads not guilty in triable either way offences case what happens?

A

Decision is made by magistrates about case heard in magistrates or crown court - they must consider seriousness of case under Magistrates Court Act 1980

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11
Q

When should a case be sent to crown court by magistrates?

A

Where there is complex questions of law - any breach of trust, how much offence was, if it was a gang or 1 person

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12
Q

What is the defendants election?

A

If magistrates are prepared to hear case defendant can choose to be trialed by jury or magistrates

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13
Q

What is there a better chance of if the defendant chooses to be trialed by a jury?

A

An acquittal (being let off) and having some legal funding

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14
Q

What would a defendant get if trialed by a jury?

A

More experienced lawyers and more freedom within community

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15
Q

What are 3 reasons why a defendant wouldn’t choose to be heard by a jury?

A

Longer waiting time in prison, cost of lawyers is more expensive, magistrates will hear case quickly

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16
Q

What recommended that magistrates should decide trial venue not defendant?

A

The Auld Report 2001

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17
Q

What is bail?

A

A pre-trial matter to decide if a suspect should remain in custody or be released pending trial

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18
Q

When may a person be released on bail?

A

After being arrested
After being charged
During the trial process itself

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19
Q

When may police release a person on bail?

A

Whilst they make further enquirers “bailed to return”

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20
Q

What must a suspect agree to if released on bail?

A

They will return to magistrates on a set date and time

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21
Q

Who makes the decision about bail under what?

A

Custody officer - under S38 of PACE

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22
Q

When can bail be refused?

A

If there is no information of suspects name and address or if police think suspect has given a false identity (Bail Act 1976)

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23
Q

When may the police impose conditions on granting bail?

A

They can ask for surrender of passport
Report regularly to police station
Not interfere with witnesses
Remain under curfew

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24
Q

What happens if bail is not given?

A

Suspect must appear at magistrates at earliest opportunity

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25
There is a general assumption that bail should be given, however a court does not have to give bail if there are substantial grounds for believing the suspect would...
Fail to surrender to custody Commit an offence whilst on bail Interfere with witnesses or obstruct course of justice
26
Why can the court refuse bail? (3)
On nature of crime, character and community ties of defendant, strength of evidence against him
27
What is a sureties?
Required by police where another person promises to pay a sum of money if the defendant fails to attend court
28
Where can the defendant appeal over the decision not to grant bail?
Crown court under the Bail (amendment) Act 1993
29
What are the 2 major restrictions on bail?
If a person has committed murder, attempted murder, manslaughter, rape or attempted rape and has also done before If a person has been tested positive for Class A drugs and court thinks he will commit offence again on bail
30
What are the 3 advantages of bail?
Reduction of number of defendants on remand (government less money) Can spend more time with friends and family Can prepare for trial easily with legal representatives
31
What are the 4 disadvantages of the bail system?
Argued too many people are given bail (20%) There should be a presumption of innocence until proven guilty Not enough bail hostel workers to supervise their whereabouts 1/3 of burglaries are said to be committed on bail
32
Why does electronic tagging not work?
Suspects can still commit offences in areas they are allowed when on bail
33
Why was the CPS established?
To take responsibility for making the decision whether to prosecute
34
What did the Justice Report 1970 suggest?
Police deciding whether to prosecute was wrong as they were not impartial
35
What did the Phillips Royal Commission 1978 suggest?
An independent body (CPS) to take charge of prosecuting suspects
36
What act established the CPS?
The Prosecution Offences Act 1985
37
Who is head of the CPS?
The director of public prosecutions
38
What do the CPS do?
Take charge of a case once the police have finished collecting evidence
39
What is the CPS's 5 main roles?
``` Advises police on what charge should be made Reviews cases Prepares court cases Presents cases in court Decide whether or not to prosecute ```
40
How many cases resulted in a conviction in 2008 from the CPS?
80.7% - good as not prosecuting weak cases
41
What are the 2 stages the CPS go through to decide whether to prosecute?
Apply the evidential test (look at evidence CCT, EWT, DNA) Apply the public interest test (was there a weapon, was it committed against a public serving person ie policeman, is it likely to result in a long sentence)
42
What are the 3 reasons why the CPS wouldnt prosecute?
If the suspect had put right the harm caused If the offence was a genuine mistake If the suspect played a minor role in the offence
43
What controversial cases will the CPS still prosecute?
Mercy killings - killing family for moral reasons (Francis Inglis, assisted suicide of offspring in difficult circumstances)
44
When would the CPS release a threshold test?
If there is not much evidence against a suspect but it is believed the suspect is to much of a risk to be released (will they be charged, is there a reasonable suspicion they committed it)
45
What did the Narey Review criticize the CPS for?
Not having enough case workers so lack of preperation
46
What did the Glidewell report criticize about the CPS?
The discontinuance of too many cases out forward by police (12%)
47
Why are the CPS stations now based in police stations?
So joined work is encouraged - Criminal Justice Units have been established to make the working relationships easier
48
From the Auld Review 2001 what are the CPS now responsible for that the police have no power over?
Charging suspects for serious or complex cases
49
To qualify to be a juror what must you be?
Between 18-70, on the electoral register and a resident in the UK for at least 5 years since 13
50
What allows you to have a permanent disqualification from a jury (disqualified based on how long sentence is/how recently it was made)? (5)
If been sentenced to imprisonment for life In imprisonment/youth custody for 5+ years Detained during HM pleasure Imprisonment for public protection Sentenced to an extended sentence
51
Why could you be disqualified for 10 years from a jury? (5)
If served a term of imprisonment in the last 10 years At any time in the last 10 years had a sentence suspended Had a community order passed on them in the last 10 years If youre on bail If you suffer/have suffered from mental illnesses or mental handicap
52
What is one of the most common reasons a judge will discharge a person?
Lack of capacity to cope - maybe do not understand english or has a disability
53
What did the criminal justice act 2003 abolish in juries?
The category of excusal (people in the police/judiciary/criminal justice system used to not be allowed to serve on the jury - now allowed which brings professionalism)
54
Who are the only people allowed to be excused from being part of the jury?
Members of the armed forces (certificate from commanding officer)
55
Which case illustrates that police officers sitting in a jury can be a problem?
R v I 2007 - policewoman knew other police officers collecting evidence against the case so she automatically found defendant guilty
56
When could a potential juror be excused at the discretion of the court?
Exams, family commitments, booked holiday, job commitments etc (court will defer the person rather than excuse them completely - let them off once)
57
How much can someone be fined for not showing up as part of the jury?
Up to £1000
58
Who selects a jury?
A central juror summoning bureau, picked randomly from electoral register and 12 are initially summonded
59
When jurors get to court what happens first?
Split into groups of 15 and 12 are randomly chosen
60
In juries, what does 'praying a talesman' mean?
If there are insufficent jurors the court can summon people they see on the street, local businesses etc, HARDLY EVER HAPPENS
61
What are the 2 types of 'vetting' (checks) on jurors?
Routine police checks - eliminate those disqualified Wider check on juror's background and political affiliations - under the Attorney Generals Guidelines (1988) only when case involves national security or terrorism and attorney generals permission is needed
62
What are the 2 types of challenging that the prosecution and defense both have rights too for the jury?
To the array - under the Juries Act 1974 the whole jury can be challenged on the basis it has been chosen in a biased way (IN OLD BAILEY 1993 2 JURORS LIVED WITHIN 20 DOORS OF EACH OTHER - COULD BE BIASED) For cause - both prosecution and defense can challenge 1 juror if they have a valid reason to, e.g if they believe the juror knows a witness of the defendant. (R v WILSON AND SPRASON 1995 WIFE OF POLICE OFFICER WAS SUMMONED AND ASKED TO BE EXCUSED)
63
Where are juries used?
In the crown court (juries only hear 1% of criminal cases as they are heard in magistrates) In the coroners court - used to inquire into deaths
64
What do juries do in the high court?
Decide the liability of the parties and the level of damages awarded
65
When is a jury used?
When a defendant pleads not guilty (decide guilty or not guilty)
66
Why must a judge accept the jury's decision even if they do not agree with it?
Established in BUSHELL'S CASE 1670 - judge did not agree with not guilty verdict and ordered them to rethink, court of common pleas ordered their release and said juries could not be punished for their verdict
67
What did the Criminal Law Act 1977 in juries remove?
Reduced the use of juries in significant number of offences
68
When will a judge tell a jury that he will take a majority decision over a unanimous decision?
If after 2 hours the jury is still undecided, has to be 11-1 or 10-2. If the jury is of less than 12 people then the majority decision has to be only 1 person against the rest
69
What is the minimum number a jury is allowed to be?
9
70
What is a judge not allowed to do to a jury?
Pressurise them (McKenna 1960, judge told jury if they did not make decision in 10 minutes they would be locked up all night, came back in 6 mins but conviction was quashed due to unfair judge)
71
What are the 3 main points of secrecy a jury must undertake?
Discuss privately and no inquiry can be made about how they reached their decision We do not ever know how juries have made their decision Jury can ask a judge for clarification of a point
72
What is a weakness of the electoral register?
Not always representative sample of the population, excludes people who cannot register to vote (homeless, young, students)
73
What did the case Runciman Commission 2993 ask for with a jury but was not implemented?
That at least 3 jurors should be from an ethnic minority or the same ethnic minority of the victim or the defendant
74
What does too many discretionary excusals lead to?
An unrepresentative jury (could all be local)
75
What did Lord Devlin say about jurires?
"juries are the lamp that shows that freedom lives"
76
Why do jurors not have to follow precedent set in previous cases?
They are not legal experts - they decide based on fairness as seen in Ponting 9184 case
77
What is a juries perverse verdict?
One which goes against the evidence
78
What is a juries sympathy verdict?
R v Owen, man attempted to kill lorry driver who killed his son and he was given a very lenient sentence
79
What does a jury lead to which the public like?
An open system of justice
80
The juries not being connected to anyone in the case leads to what?
A cross section which cancels out any juror's biases
81
What are the disadvantages to a jury? (7)
Media influence - jury may have publicly heard about the case Bias - electoral register could lead to an all white jury (Sander v UK 2000 thought all white jury were making racist remarks to people involved in case) Secrecy - we do not know how or who juries use to make their final decision Fraud trials - can be problematic and last for a long time High acquittal rates - argued that juries acquit too many defendants Jury intimidation - some jurors may have someone interfering with their decision making Jury may hurry their decision to leave - not fair Juries are required to award damages but are not skilled at this
82
What are the 4 recommendations for change as an alternative to a jury trial?
Trialed by a single judge - fairer and more predictable result A panel of judges - balance of views instead of 1 A judge plus lay assessors - give legal expertise to a judge and have participation from the public A mini jury
83
What are the advantages of a jury? (4)
Public confidence Open system of justice Secrecy of the jury room Impartiality

Law AS - Debbie LA1 (6 decks)

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