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40 Cards in this Set
- Front
- Back
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What is a summary offence and where should it be tried?
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A summary offence is the least serious type of offence and should be tried in the Magistrates Court
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What is an either way offence and where might it be tried?
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An either-way offence is mid-range seriousness and can be tried in either the magistrates court or the crown court
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What is the name of the process used to determine where an eitherway offence will be tried?
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Mode of trial
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Who decides where an either-way offence should be tried
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The magistrates and/or the defendant
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Who decides the verdict in trials for indictable offences
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A jury
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What is a summons ?
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A document ordering a person to attend court at a prescirbed date/time
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What are the differences between the circumstances under which a police officer and those where other citizens can?
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Police officers can arrest if they have a reasonable belief that a person is about to/ is in the process of/ has committed an offence.
A private citizen can arrest if they have a reasonable belief that a person is about to/ in the process of committing an indictable or triable-either-way offence |
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In which court does a jury sit?
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Crown Court
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What crimes would a jury hear?
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Triable either way offences (theft) or indictable offences (murder)
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Which body is responsible for prosecuting crimes?
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The CPS
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What is a duty solicitor and where might you find one?
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A duty solicitor gives free advice to someone in a police station or before their first trial in a magistrates court
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What are the procedural differences between the cases of minor theft and minor motoring offences?
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Theft is a triable-either-way offence and so would be tried in either a magistrates or a crown court. A minor motoring offence is a summary offence and so would be tried in a magistrates court
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What does rehabilitation mean?
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Rehabilitation means to assist in the reform of the offender
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What is a youth court and what types of cases does it hear?
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A youth court is for defendants aged 10-17 and will hear all but the most serious crimes, for example murder.
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What maximum reduction in sentence can be given for a early guilty plea?
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1/3 if made at the earliest opportunity and 1/10 if made at the first trial
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What does bail mean and who can grant it?
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Bail is personal freedom until the trial and can be granted by either the police or the magistrates court
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What conditions may be placed on bail?
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A surety - someone who's job it is to ensure the person attends court and may have to pay a fine if not
A curfew - may be enforced by electronic tagging |
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An appeal from the magistrates court on a point of law will be heard in which court?
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High Court (QBD)
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An appeal from the crown court against conviction will be heard in which court?
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Court of appeal (criminal division)
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What does CPS stand for?
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Crown Prosecution Service
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What is the maximum sentence available in a magistrates court trial?
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6 months imprisonment and/or £5000 fine
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If the magistrates decide their sentencing powers are insufficient what can they do about it?
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They can send the case to the crown court
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Where would a 16-year-old serve a prison sentence?
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Young Offenders Institutions
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What does mandatory mean, and what is the opposite of a mandatory sentence?
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Mandatory means something you have to do (i.e. life imprisonment if found guilty of murder). The opposite of a mandatory sentence is something you can change depending on circumstance (discretionary)
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What is the highest UK appeal court and what are the names of the judges who sit there?
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Supreme Court (formerly known as the House of Lords). People who sit there are called Justices of the Supreme Court
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What is the name of the Act of Parliament that governs powers of arrest?
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Police and Criminal Evidence Act 1984 (as amended Serious and Organised Crime Act 2005)
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Name a summary, a triable-either-way, and an indictable offence.
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Summary – Motoring Offences
Either-way – Theft Indictable - Murder |
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How does trial in a Youth Court differ from an adult trial?
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Trial in a youth court is a lot less formal, with less formal language used (so the defendant can understand) and no formal outfits are needed; they may intimidate the defendant. There are also specially trained magistrates, with at least one of each gender and a youth offending team will get involved. No press are permitted.
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What is the role of the judge in the crown court?
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Decides the sentence
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Why might a defendant choose trial by jury rather than by magistrates?
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Juries are less prosecution minded and are more likely to be sympathetic and acquit the defendant
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Why might trial by magistrates be chosen over a jury trial for either-way offences?
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Magistrates have less sentencing power, so the sentence will be less severe.
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Where does the defendant sit, in the Magistrates Court?
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At the side, on the far right
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What are the five aims of sentencing?
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Retribution
Rehabilitation Deterrence Reparation Protection of society |
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What are the four main types of sentence?
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Custodial Sentence
Community Order Fines Discharge |
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What is a court of first instance?
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A court of first instance is where a trial is first held
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Is a Magistrates Court a court of first instance, or an appellate court, or both?
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A court of first instance
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Is the Crown Court a court of first instance, or an appellate court, or both?
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Both
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Name three aggravating factors in sentencing?
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Vulnerable victim
Use of a weapon Previous convictions |
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Name three mitigating factors in sentencing?
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Age of offender
First offence Offender shows remorse |
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What does the acronym PACE stand for?
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Police and Criminal Evidence Act
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