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23 Cards in this Set
- Front
- Back
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What do Ombudsman do? |
Investigate allegations of mismanagement and inefficiency of public bodies |
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What was the first Ombudsman ever created called, and what has it since been replaced with and what 2 areas of complaints does it deal with? |
Parliamentary Commissioner for Administration
Which has since been replaced with the Parliamentary and Health Services Ombudsman (PHSO)
They investigate allegations against:
Central government dpts
&
The NHS |
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Ombudsmen will generally hear allegations relating to "maladministration" but what 5 things does that mean? |
Delay Neglect Bias Incompetence Arbitrariness |
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How would a member of public make a complaint to the Public and Health Services Ombudsman (PHSO)? |
They would write to their MP and their MP would then refer it on to the Ombudsman |
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Does the PHSO deal with local government complaints? If not then who does? |
No only complaints against central government dpts The Local Government Ombudsman deals with local gov complaints (there are two of these for England) For Wales it is the Public Services Ombudsman that deals with local gov complaints |
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There are also Ombudsman that have a responsibility for certain sectors like the Financial Ombudsman Service for banking, insurance and finance. True or false |
True |
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Which Ombudsman deals with social housing complaints? |
The Housing Ombudsman Service |
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LeO is the Legal Ombudsman How much are they able to penalise a party up to? |
Up to £50 000 |
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Which Ombudsman is it that take action against a company for advertising a "discriminatory" job description? |
The Equality and Human Rights Commission |
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What Code is it that the CPS follow when deciding whether or not to prosecute? |
Code for Crown Prosecutors |
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What are the 2 grounds which must be satisfied in order for CPS to prosecute (according to the Code For Crown Protectors)? |
1. In the public interest to prosecute 2. There's enough reliable evidence to give a "realistic prospect of conviction" |
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What are the 2 ways of beginning criminal proceedings? |
1. Laying and information at the magistrates: prosecutions comes before mag and states accused name, offence, date of offence - Court then send summons for accused to appear 2. Police arrest, question, charge - accused then taken to appear before mag - they grant bail or not |
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What is: Conditional bail Unconditional bail? |
Conditional bail means bail granted with attached conditions to adhear to Unconditional means no conditions to adhear to |
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Name 4 possible conditions that could be attached to bail |
1. Paying a sum of money to the court 2. Surrender passport 3. Must reside at specific address 4. Being tagged |
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There is an assumption in favour of bail being granted. True or false |
True As per s4 Bail Act 1976 |
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When considering bail name 8 things the court will look at. |
1. Will they abscond 2. Will they interfere with witnesses and obstruct justice 3. Commit further offences 4. Are they danger to themselves 5. Are they at risk because of public (ie public anger) 6. What's their bail and criminal history 7. What's their character and the ppl they associate with like 8. Seriousness of crime |
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What are the Magistrates maximum sentencing powers (and therefore the maximum sentence for a summary offence)? |
6 months And/or a fine |
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Summary offences are always heard in the Mag. What is the process for either way offences? |
Start in Mag with Preliminary hearing called "mode of trial" Def asked how they plead: Guilty = mag will sentence or if not enough sentencing power will send to Crown. Not Guilty = mag will hear case or again, send to Crown if not enough sentencing power. If mag decide to hear, Def can overrule this by insisting on Crown hearing. |
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What is the process for indictable offences? |
Start in Mag: Preliminary hearing called "committal proceedings" - this is just a formal way of sending the case to the Crown. |
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What is the order of events in a summary trial at the Mag? |
Opening statement: Prosecution Defendant
Call witnesses and conduct examination-in-chief: Prosecution
Defendant then cross-examines pros witnesses
Call witnesses and conduct examination-in-chief: Defendant
Prosecution then cross-examines def witnesses
Closing statements: Prosecution Defendant Mag retires: Verdict Sentence if guilty
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If in a summary trial the def is found guilty, but the were someone who was on probation, what would the judge ask for before sentencing? |
A pre-sentence report from the Probation Service Which will advise on the Defendant and allow judge to pass a suitable sentence |
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What is the order of event of a either-way (heard in the Crown) or an indictable offence (which is obv also heard in Crown) |
Exactly the same as a summary offence in Mag, apart from swearing in of jury at start, and summing up at end: Swearing in of jury. Opening statement:ProsecutionDefendant Call witnesses and conduct examination-in-chief:Prosecution Defendant then cross-examines pros witnesses Call witnesses and conduct examination-in-chief:Defendant Prosecution then cross-examines def witnesses Closing statements:ProsecutionDefendant Summing up: judge reiterates main points of evidence, and states the law jury to apply. Jury retires:Verdict Judge sentencesif guilty |
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What are the 4 different types of sentence? |
Immediate custodial sentence: taken from court to prison. For specific period or life.
Suspended sentence: sentence of up to a year that is suspended for a period of between 6 months and 2 years if they don't commit further offence in that period they don't have to serve sentence.
Community Order: def will be given "requirement(s)" which they have to comply with. Ie: unpaid work
Fine: the amount will reflect seriousness of offence Note: def may also be offered some form of rehabilitation in addition. Like drug/alcohol counselling, anger management course etc. |
