Chapter 5- Criminal Courts

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  • Created by: hesheh
  • Created on: 06-10-17 23:22
What are the three offences and what do they consist of and where are they held
Summary Offences- driving offences, held in magistrates. Triable Either Way offences- theft and assault offences, held in mags or crown depending on guilty plea. Indictable Offences- murder and **** offences, mandatory life sentence, always crown.
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What other factors make a case suitable for crown court
breach of trust, organised gang crime
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advantages of crown court
legal aid, chance of acquittal,lawyer is more experience
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disadvantage of crown court
delay in prison, trial is longer, more publicity in media, expensive, greater sentencing than mags
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What percentage of cases get dealth with in the mags court?
97%
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How do people appeal in criminal court
If defendent pleaded guilty, mags court. If defendent pleaded non guilty-crown court. It is reheard by judge and two magistrates
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What are case stated appeals?
When decision is against law, can be heard by QBD and can be claimed by both defendent and prosecution
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An example of morality influencing criminal law?
C VS DPP 14 yr old boy theft was dismissed because he was too young and 'unaware'.
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How can the prosecution appal?
If the jurors have been bribed, if there is new or compelling evidence.
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What is the double jeopardy law?
Where the case can be retried for the same charge but only due to public interest and new compelling evidence.
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Who hears the case for a crown court
2 magistrates and a judge
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Who hears the case for a court of appeal
2 Lords of justices
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Who hears the case stated appeal for the QBD
2-3 High court judges
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Why might a defendent choose for the case to be tried in the mags
less harsh sentence (6 months), takes less time than crown, less expensive, crown court is more intimidating, less formal, less media coverage
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Why might a defendent choose for the case to be tried in the crown
Takes ages for the case to be tried so by the time it is, most of the jury would've left. Higher acquittal rates (60% compared to 20%)
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What is the ECJ
Human rights calls.
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What is mode of trial?
When defendent commits a triable either way offence and is asked to plea before venue to decide which court the case should be tried in.
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Card 2

Front

What other factors make a case suitable for crown court

Back

breach of trust, organised gang crime

Card 3

Front

advantages of crown court

Back

Preview of the front of card 3

Card 4

Front

disadvantage of crown court

Back

Preview of the front of card 4

Card 5

Front

What percentage of cases get dealth with in the mags court?

Back

Preview of the front of card 5
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