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Legal System - CPCA

Criminal Procedure, Courts & Appeals

QuestionAnswer
What is a summary offence? low level offence e.g. Common Assault/Battery
Where are summary offences held? Magistrates court
What is bail? not remanded in custody until hearing/trial
Process for summary and indictable offences (1) Early admin hearing (2) Trial (3) Sentencing
What is an indictable offence? high level offence e.g. Murder/Manslaughter
Where are indictable offences held at first instance? Crown Court
What is a triable either way offence? Offence in between indictable/summary - either in mags or crown court
Where are triable either way offences heard? Magistrates and/or Crown Court
Process for Triable either way offences (1) Early Admin hearing in mags (2) Mode of trial hearing in either (3) Trial/Sentencing in choice made in (2)
Advantages for a trial heard in Mags court instead of Crown court Resolved Quicker, Lower Sentencing Power
Disadvantages for a trial heard in Mags court instead of Crown court Worse legal representation, greater chance of conviction
Advantages for a trial heard in the Crown Court instead of Mags court Better legal representation, greater chance of acquital, time remanded = time served
Disadvantages for a trial heard in the Crown court instead of Mags court Delays, Higher sentencing power
Crown Court trial process for a non-guilty plea Indictment read, Jury sworn in, P opening, P witness + cross, D opening, D witness + cross, P + D closing, Judge sums up and directs, Jury retires then returns verdict
What is the court hierarchy? SC > CA (Civil/Criminal) > HC (KBD, Chancery, Family) > (Crown court > Magistrates Court > County Court)
The aims of sentencing are outlined in what act? CJA 2003 s142
What are the aims of sentencing? Retribution, Incapacitation, Deterrence, Rehabilitation, Reparation
What sentence is suitable for acheiving incapacitation? Custodial sentences
What sentence is suitable for acheiving Deterrence? Heavy fines/long custodial sentences
What sentence is suitable for acheiving Rehabilitation? Individualized sentences/Community order (drug/alcohol rehab)
What sentence is suitable for acheiving Reparation? Compensation order, community order - unpaid work
What is a community order? single flexible sentence allowing judges to 'tailor' the sentence to the offender
Give examples of requirements of a community order unpaid work (16+) 40-300 hrs, curfew, mental health treatment, drug/alcohol rehab
What are the different types of custodial sentences? mandatory life, discretionary life, fixed term, EDS, Suspended Sentence
Advantages of Custodial sentences Incapacitation, may allow for education + rehab, deterrent
Disadvantages of custodial sentences Expensive, overcrowded, ineffective (reoffending), drug/alcohol/mental issues, Family/employment problems
Advantages of Community sentences individualized/flexible, rehabilitation, less disruptive upon livelihood, cheap, can incapacitate (prohibit/curfew)
Disadvantages of Community sentences limited funding, non-participation, ineffective (reoffending), weak at retribution/incapacitation, not good deterrent
Blackshaw & Others Deterrent sentence issued
What is the sentencing council? issues/reviews guidelines on sentencing
What is a compensation order? D must give compensation to victim
What are places for <21 year old custodial sentences called? Young Offenders Institutions
What is an EDS? Offender serves 2/3 of sentence in custody
What is a suspended sentence? A sentence which will only be served if a further offence is committed
What are the two types of deterrence? Individual/General deterrence
In what ways can someone appeal to the court above? leave to appeal, by way of case stated, against conviction
To who and where would an appeal in the magistrates go to? District Judge + 2 magistrates in the Crown Court
Where do appeals from the Crown court go? Court of Appeal
What are the financial sentences? Fines primarily - most common sentence, comp order
Maximum fine & sentrence in the Magistrates Court £5000, <6 months
What is the role of Magistrates? Decide verdict & deliver sentence
Created by: Oscar.G
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