Topic 1 - Introduction Flashcards
(113 cards)
1
Q
What begins the criminal justice process?
A
A person being arrested or issued a written charge and requisition
The process includes being brought before the magistrates’ court.
2
Q
What happens if a defendant pleads guilty?
A
The court moves to sentence
There is no trial in this case.
3
Q
What occurs if a defendant pleads not guilty?
A
There is a trial to determine the verdict
If found not guilty, the defendant is acquitted.
4
Q
What governs police conduct during an investigation?
A
The Police and Criminal Evidence Act (PACE) 1984 and the PACE Codes of Practice.
5
Q
What can occur at the conclusion of a police investigation?
A
A person is either released or charged with an offence approved by the CPS.
6
Q
What is a written charge and requisition?
A
A process compelling a person’s attendance before a court to enter a plea
Historically used for corporate bodies and specific offences.
7
Q
Who primarily brings prosecutions in the criminal justice system?
A
The Crown Prosecution Service (CPS).
8
Q
What must a defendant do once before a court?
A
Enter their plea.
9
Q
What is the prosecution’s role in a trial?
A
To prove the defendant committed the alleged offence by adducing evidence.
10
Q
What happens if a defendant is found guilty?
A
They must be sentenced.
11
Q
What are the grounds for appeal?
A
A defendant can appeal against their conviction and/or sentence.
12
Q
What is required for appeals from the Crown Court to the Court of Appeal?
A
Leave and grounds of appeal.
13
Q
What is a litigant in person?
A
An individual conducting legal proceedings on their own behalf.
14
Q
What must be submitted for public funding of legal defence?
A
An application on the prescribed form with personal details and financial information.
15
Q
What does Section 17 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 outline?
A
Criteria for ‘interests of justice’ in legal aid applications.
16
Q
What are the three classifications of offences?
A
- Summary only offences
- Either-way offences
- Indictable only offences
17
Q
Where are summary only offences tried?
A
In the magistrates’ court.
18
Q
What is the maximum penalty for summary only offences?
A
6 months imprisonment or less.
19
Q
What is the maximum sentence for indictable only offences?
A
Any sentence up to and including life imprisonment.
20
Q
What determines the classification of statutory offences?
A
Maximum sentences set out in the relevant statute.
21
Q
What is the first hearing for indictable only offences?
A
An administrative hearing in the magistrates’ court.
22
Q
What happens if a defendant is convicted of an either-way offence in the magistrates’ court?
A
They can be sentenced there or committed to the Crown Court for sentence.
23
Q
What is the tribunal of fact?
A
The person or persons who make a decision on disputed facts.
24
Q
What is the tribunal of law?
A
The person or persons who decide on disputed points of law.
25
Who hears appeals in the Crown Court?
A Circuit Judge, High Court Judge, or Recorder.
26
What is the role of the jury in the Crown Court?
To decide whether the defendant is guilty or not guilty.
27
What are the sentencing powers of the Crown Court?
* Life imprisonment or less
* Unlimited fines
* Costs and ancillary orders.
28
What does the High Court hear?
Appeals by way of case stated and judicial review from the magistrates' court.
29
What are the sentencing powers of the Crown Court?
Imprisonment, fines, costs and ancillary orders, committals for sentence
## Footnote
Imprisonment can be life or less, and fines can be unlimited or less depending on statutory maximums.
30
What is the role of the Crown Court in appeals?
Hears appeals against sentence and conviction from magistrates' court and Youth Court, with a judge and two lay magistrates
## Footnote
The judge advises but does not have the final say.
31
What is the High Court's jurisdiction regarding criminal matters?
Limited jurisdiction to 'state a case' or judicially review decisions of magistrates' or Youth Court
## Footnote
Cannot review trial matters but can consider irrational failures like bail.
32
Who hears appeals in the Court of Appeal (Criminal Division)?
Judges of the Court of Appeal, High Court Judges, or Crown Court Judges authorized to sit in the Court of Appeal
## Footnote
They cannot hear appeals from trials conducted by High Court judges.
33
True or False: The Court of Appeal can pass sentence on a defendant.
False
## Footnote
The Court of Appeal can alter a sentence but not pass a new one.
34
What is required for an appeal to the Supreme Court?
Leave from the Court of Appeal or Supreme Court on a point of law of general public importance
## Footnote
The Supreme Court consists of Supreme Court Justices.
35
What are the Criminal Procedure Rules (CrimPR)?
A statutory and common law framework governing the management and operation of criminal matters
## Footnote
Regularly amended to reflect legislative changes.
36
What is the overriding objective of the Criminal Procedure Rules?
Criminal cases be dealt with justly
## Footnote
This includes acquitting the innocent and convicting the guilty.
37
List the factors involved in dealing with a criminal case justly according to CrimPR 1.1(2)
* Acquitting the innocent
* Convicting the guilty
* Fair treatment of prosecution and defence
* Recognizing defendant's rights
* Respecting witnesses' and victims' interests
* Efficient and expeditious case handling
* Considering gravity, complexity, and consequences of the case
## Footnote
These factors guide the court's approach to justice.
38
What must each participant in a criminal case do according to CrimPR 1.2?
Prepare and conduct the case in accordance with the overriding objective and comply with the Rules
## Footnote
Participants include prosecutors, defence solicitors, and witnesses.
39
What does Rule 3.2 of the CrimPR address?
Effective case management of criminal cases
## Footnote
It outlines the court's and parties' duties.
40
Fill in the blank: The court's duty to manage cases effectively is detailed in Rule ______.
3.2
41
What are potential sanctions for non-compliance with directions under Rule 3.5?
* Postponement or adjournment of hearings
* Costs orders
* Refusal to allow evidence
* Adverse inferences from late introduction of issues
## Footnote
This ensures adherence to case management rules.
42
What are the seven Principles set out by the SRA Standards and Regulations?
* Upholding the rule of law
* Upholding public trust
* Independence
* Honesty
* Integrity
* Encouraging equality, diversity, and inclusion
* Acting in the best interests of each client
## Footnote
These principles guide ethical behavior in legal practice.
43
What is a key professional conduct issue in criminal cases?
Conflicts of interest, confidentiality, duties to the court
## Footnote
These issues often arise during representation and case management.
44
True or False: A solicitor must accept all client instructions regardless of the situation.
False
## Footnote
There are specific situations where solicitors must not accept instructions.
45
Can a solicitor represent a defendant who has told them he is guilty?
Yes, a solicitor can represent a defendant who has told them he is guilty, as long as they do not mislead the court.
46
What does CCS 1.1 state regarding a solicitor's decision to take on a client?
A solicitor is generally free to decide whether or not to take on a particular client provided that they do not unlawfully discriminate.
47
What does CCS 3.1 require from solicitors regarding client instructions?
You only act for clients on instructions from the client or someone properly authorised to provide instructions on their behalf.
48
True or False: A solicitor may act on instructions from a friend or relative of a potential client without confirming the client's wishes.
False.
49
What must a detainee be informed if a solicitor is asked to attend the police station by someone else?
The detainee must be told the solicitor has come to the police station at another’s request and must be asked to sign the custody record.
50
What happens if a suspect has already retained a solicitor before being arrested?
The Defence Solicitor Call Centre (DSCC) may have already been contacted, and either the solicitor of choice or the duty solicitor may already have been retained.
51
What does CCS 6.2 state regarding conflicts of interest between clients?
If there is a conflict, or a significant risk of a conflict, between two or more current clients, you must not act for all, or possibly any, of them.
52
What should a solicitor do if there is a significant risk of a conflict arising?
You should not accept instructions to act if there is a significant risk of a conflict happening.
53
In publicly funded cases, what is required regarding co-defendants?
One litigator is appointed to act for all co-defendants unless there is, or is likely to be, a conflict of interest.
54
What is a clear example of a conflict of interest in criminal cases?
A conflict arises when one client blames, or might blame, another client.
55
Fill in the blank: The duty to protect confidential information lasts _______.
forever.
56
What must a solicitor do if they receive confidential information from one client that is relevant to another client?
Inform the first client and seek their consent to disclose it to the second client.
57
What should a solicitor do if a client instructs them to withhold prejudicial evidence required by a court?
Comply with court orders and cannot continue acting for the client unless they authorize disclosure.
58
What is the overriding duty of a solicitor as an officer of the court?
To uphold the rule of law and the proper administration of justice.
59
What does CCS 1.4 state regarding misleading the court?
You must not mislead or attempt to mislead your client, the court, or others.
60
What is the professional position of a solicitor representing clients who claim to have committed an offense but wish to deny involvement?
The defendant is entitled to plead not guilty and it is up to the prosecution to prove guilt.
61
What constitutes perverting the course of justice?
Manufacturing false evidence, destroying or concealing evidence, and interfering with potential witnesses.
62
What is the classification of offences in criminal litigation?
Offences are classified as summary only, either-way, or indictable only offences.
63
List three examples of summary only offences.
* Common assault
* Criminal damage where the value is £5,000 or less
* Public order offences
64
List two examples of indictable only offences.
* Robbery
* Rape
65
List two examples of either-way offences.
* Theft
* Burglary
66
What are the classifications of offences?
Summary only offences, Indictable only offences, Either-way offences
## Footnote
Summary only offences include common assault and criminal damage where the value is £5,000 or less. Indictable only offences include robbery and rape. Either-way offences include theft and burglary.
67
What is a summary only offence?
An offence that can only be tried in a magistrates' court
## Footnote
Examples include common assault and criminal damage valued at £5,000 or less.
68
What is an indictable only offence?
An offence that can only be tried in a Crown Court
## Footnote
Examples include robbery and rape.
69
What are either-way offences?
Offences that can be tried in either magistrates' court or Crown Court
## Footnote
Examples include theft, burglary, and sexual assault.
70
What determines the classification of criminal damage?
The value of the damage
## Footnote
Damage valued at £5,000 or below is summary only; above £5,000 is either-way.
71
What is the maximum sentence for summary only criminal damage?
Three months' imprisonment or a level 4 fine
## Footnote
The defendant cannot be committed for sentence.
72
What is the maximum sentence for either-way criminal damage when tried in a magistrates' court?
Six months' imprisonment or a level 5 fine
## Footnote
The defendant can be committed for sentence.
73
What happens if the value of criminal damage is uncertain?
The defendant can consent to be tried summarily or the case is treated as either-way
## Footnote
If consented, maximum sentence is limited to three months or a level 4 fine.
74
What is low value shoplifting classified as?
A summary only offence if the value does not exceed £200
## Footnote
However, shoplifting is charged as theft, which is an either-way offence.
75
What is the initial step in the criminal justice process?
A person is arrested and brought before the magistrates' court
## Footnote
Alternatively, a written charge may be issued to secure attendance.
76
What occurs if a defendant pleads guilty?
The court moves to sentence
## Footnote
This leads directly to the sentencing phase.
77
What happens if a defendant pleads not guilty?
A trial occurs and the court reaches a verdict
## Footnote
If found guilty, the defendant is sentenced; if not guilty, they are acquitted.
78
What is the role of the prosecution in the adversarial system?
To present sufficient admissible evidence to convict beyond reasonable doubt
## Footnote
This is a fundamental principle of the criminal justice system.
79
What must police officers have to make an arrest?
Reasonable grounds to suspect an offence has been committed
## Footnote
This is a low evidential threshold.
80
What is required to charge a suspect?
Sufficient evidence to believe there is a realistic prospect of conviction
## Footnote
This is a higher threshold than for lawful arrest.
81
What must be considered during the plea stage?
The strength and nature of the evidence
## Footnote
The prosecution provides initial details of the prosecution case.
82
What is the purpose of the trial?
To determine guilt based on evidence presented
## Footnote
The burden of proof rests with the prosecution.
83
What is the maximum sentence a magistrates' court can impose for a summary only offence?
Six months' imprisonment
## Footnote
This applies to one either-way offence as well.
84
What is the maximum sentence a Crown Court can impose?
Varies depending on the offence
## Footnote
The relevant statute defines the maximum sentence.
85
What are the three criminal courts of first instance?
Magistrates’ court, Crown Court, Youth Court
## Footnote
The Youth Court deals with offenders under the age of 18.
86
What does the magistrates' court handle?
Bail, plea, allocation, trial, admissibility of evidence, and sentencing
## Footnote
Comprised of lay magistrates or a district judge.
87
What is the composition of the Crown Court during appeals from the magistrates' court?
A circuit judge with two lay magistrates
## Footnote
This changes from the regular composition during trials.
88
What is the plea before venue hearing?
A hearing to decide which court will hold the trial
## Footnote
Conducted when the defendant indicates a not guilty plea.
89
What is the Allocation Guideline?
Guidelines stating either-way offences should be tried summarily unless otherwise justified
## Footnote
Factors like the seriousness of the offence or complexities influence this decision.
90
What is the consequence of a guilty plea in terms of sentencing?
Presumption that the magistrates will sentence the defendant
## Footnote
If previous convictions or offence nature suggest, the case may be sent to Crown Court.
91
What is the maximum imprisonment for a summary only offence?
6 months' imprisonment
92
What is the maximum imprisonment for one either-way offence?
6 months' imprisonment
93
What is the maximum imprisonment for two or more either-way offences?
12 months' imprisonment
94
What statute contains the maximum sentence for an offence of burglary?
The Theft Act 1968
95
What must the court explain to the defendant if they consider a summary trial suitable?
The court must explain the suitability of the case for summary trial
96
What is the defendant allowed to request during the summary trial process?
An indication of sentence
97
True or False: The court is obligated to provide an indication of sentence if requested by the defendant.
False
98
If the defendant pleads guilty after receiving an indication of sentence, what is the court's obligation?
The court must deliver the type of sentence indicated
99
What happens if the defendant maintains a not guilty plea after receiving an indication of sentence?
The indication shall not be binding on any later court
100
What occurs if the magistrates determine that trial on indictment is more suitable?
The case is sent to the Crown Court
101
What is the timeframe for the defendant's Plea and Trial Preparation Hearing at the Crown Court?
Usually within 28 days
102
Who traditionally represented defendants at the Crown Court?
Barristers
103
What are third party instructions in legal representation?
When a family member or another party notifies a solicitor of a client's arrest
104
What must the police do if a solicitor is requested to attend by a third party?
The suspect must be notified that a solicitor is present and asked if they wish to speak to them
105
What is the primary duty of solicitors when representing clients?
To act in the best interests of each client
106
What constitutes a conflict of interest in legal representation?
When one solicitor cannot represent multiple clients due to differing interests
107
What must a solicitor do if they have material information from one client that affects another client?
Withdraw from acting for the clients
108
What is the duty of a solicitor regarding misleading the court?
Not to knowingly or recklessly mislead the court
109
What must a solicitor do if they must withdraw from a case due to a conflict of interest?
They cannot explain the reasons for withdrawing to the court
110
What is the legal burden in a criminal case?
It rests with the prosecution to prove the case
111
True or False: A defendant is presumed innocent until proven guilty.
True
112
What should not be suggested if a client is pleading not guilty?
That the client is innocent of the crime alleged
113
What is a potential outcome if an application of no case to answer is successful?
The defendant would be acquitted
