Term
| Who is the Lord Chancellor? |
|
Definition
|
|
Term
|
Definition
| A crime is an offence against the whole of soceity a tort is an offence against a specific person. |
|
|
Term
| What is the difference in the burden of proof in civil and criminal courts? |
|
Definition
| In criminal courts you have to prove someone is guilty beyond reasonable doubt. In civil cases you only have to prove someone is guilty on the balance of probability. |
|
|
Term
| What is a judicial review? |
|
Definition
| A review on the basis that the law has been wrongly applied. |
|
|
Term
| When deciding whether or not to grant an injunction what do courts need to consider? |
|
Definition
| Whether or not an injunction would breach the right to freedom of expression. Whether it's in the public interest. Whether or not the information is already in the public domain. Whether or not it infringes on any code of practice. |
|
|
Term
| What is contempt of court? |
|
Definition
| The publication of material that could affect the workings of the law or which might prejudice the results. |
|
|
Term
| Give examples of how a journalist might be in contempt of court |
|
Definition
| By publishing information about a defendant's previous convictions. Publishing a photo of the defendant when their identity is an issue. By taking photographs in court. |
|
|
Term
| Who is the attorney general? |
|
Definition
| The main legal advisor to the government. |
|
|
Term
| What is article six of the European Convention of human rights? |
|
Definition
|
|
Term
| What is article 10 in the European Convention on Human Rights? |
|
Definition
| Right to freedom of expression. |
|
|
Term
| When do criminal proceedings cease to be active? |
|
Definition
| When a person is released from jail without charge, when a defendant is declared unfit to be charged or plead, when 12 months have passed since a warrant has been issued but no arrest has been made. The defendant is acquitted or sentenced. |
|
|
Term
| Have contempt of court charges ever been brought against journalists following a police appeal? |
|
Definition
| No, as publishing info on a suspect to help a police appeal is seen to be in the public interest. However this changes as soon as the person is caught and arrested. |
|
|
Term
| What information can you not give after someone has been arrested for a crime? |
|
Definition
| You cannot print details which suggest a particular man did commit a crime. Can't state any previous convictions. Do not say whether person arrested matches descriptions by witnesses. |
|
|
Term
| Can you be found in contempt after a sentence has been passed? |
|
Definition
| No, not until an appeal becomes active. |
|
|
Term
| In assessing whether a publication is likely to have caused contempt of court what five factors are taken into account? |
|
Definition
| 1) who the case is tried by. 2)The timing of the publication. 3)The location of the trial. 4)Circulation of the publication. 5) Content of the report. |
|
|
Term
|
Definition
|
|
Term
| If a person pleads guilty to some charges and not guilty to others are you allowed to report on this immediately? |
|
Definition
| You're not allowed to reveal which crimes they pleaded guilty to until the the verdict on the not guilty pleas had been returned |
|
|
Term
| What is innocent publication? |
|
Definition
| It's publishing material about a person/ crime when they were unaware that proceedings were active |
|
|
Term
| What are the differences between intentional contempt and strict liability contempt? |
|
Definition
| Intentional contempt is a common law offence, strict liability contempt is a criminal offence. To prove intentional contempt you have to prove the defendant actively wanted to prejudice a trial. A defendant can be guilty of intentional contempt even when the case is not active. |
|
|
Term
| Are there sometimes cases where it's okay to report on someone's previous convictions during a trial? |
|
Definition
| Where these convictions are already widely known it can be considered acceptable |
|
|
Term
| What is the only serious criminal offence to be tried by judge rather than jury |
|
Definition
|
|
Term
| When do criminal proceedings become active? |
|
Definition
| When someone is orally charged, when someone is arrested, when an indictment, summons or warrant is issued. |
|
|
Term
|
Definition
| A particular case is being tried |
|
|
Term
| Why can some court cases be heard in private |
|
Definition
| If the details involved might pose a threat to national security. If the identities of those involved need to be protected e.g an undercover police officer |
|
|
Term
| What info can journalists get from the prosecution |
|
Definition
| Cctv footage, witness statement s, records of property from the crime scene, diagrams used in court |
|
|
Term
| What reporting restrictions can be imposed under the contemp if court act? |
|
Definition
| 1)s4(2): postpone publication of certain details 2) s11: ban publication of a detail e.g a name |
|
|
Term
| What are the justifications for s4(2) restrictions? |
|
Definition
| 1) when evidence is given without the jury 2) when evidence might prejudice another trial 3) where a trial is abandoned but might begin again because of witness intimidation |
|
|
Term
| Name four illegal ways in which financial journalists can abuse their position |
|
Definition
| 1) insider trading 2) Market manipulation 3) Non Disclosure 4) Conflict of interest |
|
|
Term
|
Definition
| This is a hearing within a hearing conducted with in a court of law and is named following the case of R v Goodyear (2005) England and Wales Court of Appeal (EWCA) Crim 888. This case set out the procedure for seeking an advance indication of sentence. In cases before the Crown Court, the defence can request an indication from the Judge of the likely maximum sentence that would be imposed should the defendant decide to plead guilty. The request can be made at any stage of the proceedings, including at trial, although it is most likely to be made at the plea and case management hearing. |
|
|
Term
| What is the flagship case on open justice? |
|
Definition
|
|
Term
| How many sources of law are there? |
|
Definition
|
|
Term
| What are the seven sources of law? |
|
Definition
| Statute, delegated legislation, case law, European Union law, international treaties, custom, equity. (SEED CIC) |
|
|
Term
| What are laws passed by parliament known as? |
|
Definition
|
|
Term
| What takes precedence of all other types of law, other than EU law? |
|
Definition
|
|
Term
| What's the name for a proposed new piece of statue? |
|
Definition
|
|
Term
| Name three types of bills |
|
Definition
| public bills, private members bills, public bills |
|
|
Term
| Who sponsors a public bill? |
|
Definition
|
|
Term
|
Definition
| The first draft of a public bill |
|
|
Term
|
Definition
| White papers are documents produced by the Government setting out details of future policy on a particular subject. A White Paper will often be the basis for a Bill to be put before Parliament. |
|
|
Term
| Who sponsors private members bills? |
|
Definition
| MPs who are not members of the cabinet. |
|
|
Term
| Who sponsors private bills? |
|
Definition
| Individuals, private companies and local authorities |
|
|
Term
| Do private members bills often make it into the law? |
|
Definition
| No, but they can be a starting point |
|
|
Term
| What are the seven stages of getting a piece of statute passed? |
|
Definition
| 1) first reading 2) second reading 3) committee stage 4) report stage 5) third reading 6) House of Lord 7) Royal assent |
|
|
Term
| What is the use of the Parliaments Act? |
|
Definition
| The Commons can use it to get a bill bypassed through the House of Lord when they reject it. |
|
|
Term
|
Definition
| Delegated pieces of legislation drawn up by government departments |
|
|
Term
|
Definition
| Sources of deligated legislation made by local authorities, nationalised bodies and public bodies |
|
|
Term
|
Definition
| pieces of delegated legislation made at times of national emergency. |
|
|
Term
| Does delegated legislation have more or less sway than statue? |
|
Definition
|
|
Term
| What are some advantages of delegated laws? |
|
Definition
| They're used when specialist technical or local knowledge is required to make a law. They're also used when details need to be changed quickly in response to circumstance. |
|
|
Term
| What is the source of case law? |
|
Definition
| Decisions judges made in particular cases. The judges in higher courts determine what the laws of the statute actually mean and this sets a precedent that other judges must follow. |
|
|
Term
| Can the EU legislate on family and criminal law? |
|
Definition
| No, this is solely for the UK parliament. There are specific areas which the EU can legislate on, and specific areas where they can. |
|
|
Term
| Which is the highest of all courts? |
|
Definition
| European Court of Justice (in cases of EU law). |
|
|
Term
| What is the lowest civil court? |
|
Definition
|
|
Term
| What is the lowest criminal court? |
|
Definition
|
|
Term
| What's the court in between a magistrates court and a High court? |
|
Definition
|
|
Term
| Can a crown court, country court, or magistrates court set legal precedents? |
|
Definition
|
|
Term
| Can high courts set legal precedents? |
|
Definition
| Yes, but only for lower courts. |
|
|
Term
| Can Courts of Appeal set precedent? |
|
Definition
| Yes, but only for courts below. |
|
|
Term
| Can the Supreme Court set precedent? |
|
Definition
| Yes, for all lower courts. It's also not bound by its own decisions and judges can overwrite existing precedents where they feel it is necessary. |
|
|
Term
| Give an example of a time when the Supreme Court has gone against its own precedent. |
|
Definition
| In 1991 The Supreme court decided marital rape is a crime, overturning a previous ruling. |
|
|
Term
| Which court oversees the development of EU law? |
|
Definition
| The European Court of Justice located in Luxemburg. |
|
|
Term
| Where does the European Court of Human Rights sit? |
|
Definition
|
|
Term
| What is the difference between the European Court of Human Rights and the European Court of Justice? |
|
Definition
| The ECJ is an EU institution, the European Court of Human Rights is not. |
|
|
Term
| What are the three main types of cases the ECJ (european court of Justice) hears? |
|
Definition
| 1) Complaints that en EU member state isn't following a given rule 2) Complaints from an Eu Member state that an EU law wasn't formed under correct procedures 3) Advising EU Member states on how a given law should be interpreted. |
|
|
Term
|
Definition
| These were rules originally designed to fill gaps in case laws. |
|
|
Term
| What are equity laws most commonly concerned with? |
|
Definition
|
|
Term
| In what year was the human rights act made part of British law? |
|
Definition
|
|
Term
| What is the rational behind case law? |
|
Definition
| It ensures cases with similar facts are treated in similar ways. |
|
|
Term
| In whose name are criminal cases most often prosecuted? |
|
Definition
| In the name of the state. |
|
|
Term
| Can someone be prosecuted in the civil and criminal courts for the same offence? |
|
Definition
| Yes. For example a dangerous driver could be prosecuted in the criminal court and then sued in the civil court for compensation by the victim. |
|
|
Term
|
Definition
| Comprises disputes between individual parties |
|
|
Term
|
Definition
| Is the set of legal principles which govern how public bodies, such as government agencies, use their powers. |
|
|
Term
| What is the main application of public laws? |
|
Definition
|
|
Term
| Are private laws and public laws part of civil or criminal law |
|
Definition
|
|
Term
| What verb do you use to describe a case being brought in the civil court |
|
Definition
|
|
Term
| What verb do you use to describe a case being brought in the criminal court |
|
Definition
|
|
Term
| Name the two sides in a criminal case. |
|
Definition
| The prosecution and the defendant |
|
|
Term
| Name the two sides in a civil case |
|
Definition
| The claimant and the defendant |
|
|
Term
| How do you refer in writing to the two parties in a criminal case? |
|
Definition
| R (regina) v. Second name |
|
|
Term
| How do you refer in writing to the two parties in a civil case? |
|
Definition
| Second name v second name |
|
|
Term
| The verbal phrases you use if someone is loses a criminal case? |
|
Definition
| Prosectuted/ found guilty |
|
|
Term
| The verbal phrases you use if someone is loses a civil case? |
|
Definition
|
|
Term
| In a criminal court a criminal is convicted. What's the equivalent in civil court? |
|
Definition
| X had to pay damages/ was awarded damages. |
|
|
Term
| What is the Supreme Court known as when it tries a case from a commonwealth country? |
|
Definition
|
|
Term
|
Definition
| Short for Queen Council. Barristers who've been in practice for at least ten years can apply for this title, it will be awarded if the applicant is considered particularly talented. |
|
|
Term
| How many Supreme Court Justices are there? |
|
Definition
|
|
Term
|
Definition
| The most senior judge in the civil branch of the court of appeal. |
|
|
Term
|
Definition
| The most senior judge in the criminal branch of the court of appeal |
|
|
Term
| What are the judges that sit in the court of appeal called? |
|
Definition
| Lord and Lady justices of Appeal, e.g Lady Justice Surname |
|
|
Term
| What's the criminal branch of the high court called |
|
Definition
| The queen's bench devision. |
|
|
Term
| What sort of cases does the Supreme Court hear? |
|
Definition
| The Court hears appeals on arguable points of law of the greatest public importance. It also deals with devolution rulings. |
|
|
Term
| How do you refer to a high court judge |
|
Definition
|
|
Term
| Where do circuit judges sit? |
|
Definition
| They normally sit in middle-ranking crown court cases. |
|
|
Term
| How do you refer to a circuit judge |
|
Definition
|
|
Term
| Where do District judges sit? |
|
Definition
| In the County Courts and the Magistrates Courts. |
|
|
Term
| How do you refer to a district judge? |
|
Definition
|
|
Term
| What is the London Crown Court better known as? |
|
Definition
|
|
Term
|
Definition
| Part-time judges how sit in the less serious crown court cases and in some county court cases. They're still normally working part-time as Barristers or solicitors. |
|
|
Term
| There is a secondary meaning of the job title recorder. What is it? |
|
Definition
| It also refers to the most senior circuit judge in a regional court. |
|
|
Term
|
Definition
| They are lay people, who don't have legal training but know court procedure and are advised by a legal clerk, who sit in the magistrates court. Their work is unpaid. |
|
|
Term
| How are magistrates selected? |
|
Definition
| They're selected by local committees although they're officially selected by the Lord Chancellor. |
|
|
Term
| Do magistrates have the right to remain anonymous? |
|
Definition
|
|
Term
| How many government legal officers are there? |
|
Definition
|
|
Term
| Name the government's legal officers |
|
Definition
| The attorney general, the Lord Chancellor, the director of public prosecutions the solicitor general. |
|
|
Term
| Describe the role of the Lord Chancellor |
|
Definition
| He or she is the cabinet minister for justice. They're responsible for courts, prisons and constitutional affairs. |
|
|
Term
| Summarise the role of solicitor-general |
|
Definition
| They are essentially the Attorney-General's deputy |
|
|
Term
| What does the attorney-general do? |
|
Definition
| They're the chief legal advisor to the government, although they're not a cabinet minister. For example, they advise the government on whether or not foreign invasions are legal. Certain crimes needs approval from the A-G before they can be brought to crime, e.g contempt of court. Such cases are brought in the name of the A-G. |
|
|
Term
| Who does the Director of public prosecutions report to? |
|
Definition
|
|
Term
| What is the Director of Public Prosecution's remit? |
|
Definition
| Head of the Crown Prosecution Service. the DPP is responsible for reviewing criminal proceedings started by the police. |
|
|
Term
| How many types of judges are there in the English legal system? |
|
Definition
|
|
Term
| Name the different types of judges |
|
Definition
| Recorders, District Judges, Supreme Court Justices, Circuit Judges, Lord justices of Appeal, High court judges. |
|
|
Term
| Is it ok to describe the defendant in a civil case as 'guility' |
|
Definition
| No, this term has to be reserved for a criminal case. |
|
|
Term
| How do you refer in writing to a judge from the Supreme Court |
|
Definition
|
|
Term
| How do you refer to a recorder in writing? |
|
Definition
|
|
Term
| Where is the Old Bailey located |
|
Definition
| Near newgate street and Saint Pauls |
|
|
Term
| What two courts are criminal cases heard in? |
|
Definition
| The magistrates' court or the Crown Court |
|
|
Term
| What is an indictable offence and how are defendents in this type of case tried? |
|
Definition
| It's the most serious type of offence and it's only tried in the Crown Court, by a jury. |
|
|
Term
| What is an either or offence and how is it tried? |
|
Definition
| It can be tried in the Crown Court or the magistrates' court. The defendant can insist on being tried in the Crown Court, otherwise it is at the magistrates's discretion. |
|
|
Term
| Why might a magistrate choose to refer a case to the crown court? |
|
Definition
| They may feel they do not have sufficient sentencing powers, if the person is found guilty. |
|
|
Term
| Where are summary offences tried? |
|
Definition
| In the magistrates' court. |
|
|
Term
| What category of offence are assaulting a police officer and drink driving? |
|
Definition
|
|
Term
| Where do all initial hearings in criminal cases take place? |
|
Definition
|
|
Term
| Who decides where a criminal offence will be tried? |
|
Definition
| Either three magistrates or a district judge |
|
|
Term
|
Definition
|
|
Term
| What are the maximum sentences a magistrates' court can impose? |
|
Definition
| Six months for one offence, or twelve months for multiple offences. |
|
|
Term
| What can magistrates courts do if they convict a defendant and feel that a longer sentence is appropriate than the one they can give? |
|
Definition
| Refer the case to the Crown Court |
|
|
Term
| Youth courts are a branch of what court? |
|
Definition
|
|
Term
| If you're 18 are you tried in a youth court or magistrates court? |
|
Definition
| Magistrates court. You have to be under 18 to be tried in a youth court |
|
|
Term
| Roughly what percentage of criminal cases are tried by jury? |
|
Definition
|
|
Term
| How many people sit on a jury? |
|
Definition
|
|
Term
| Which kind of people are prohibited from sitting on juries? |
|
Definition
| People with mental health conditions which require them to take medication and need regular supervision, people who've ever been sentenced to more than five years in jail, people who are on bail, people who've been given a prison senatornce, suspended sentence, or probation order in the last ten years. |
|
|
Term
| What is a probation order? |
|
Definition
| The release of an offender from detention, subject to a period of good behaviour under supervision. |
|
|
Term
| Which professions are no longer exempt from jury service thanks to the Criminal Justice Act 2003? |
|
Definition
| Judges, Lawyers, Doctors, Politicians. |
|
|
Term
| What does PACE stand for? |
|
Definition
| The Police and Criminal Evidence Act 1984 |
|
|
Term
| What does the PACE govern? |
|
Definition
| The circumstances under which the police can stop, search, arrest, detain and interrogate members of the public. |
|
|
Term
| When does a criminal case officially start? |
|
Definition
| When an arrest is made, or when papers about an alleged offence are sent to the magistrates court. |
|
|
Term
|
Definition
| Sending information about an alleged offence to the magistrates court. |
|
|
Term
| What is the deadline for evidence being layed in a summary offence? |
|
Definition
|
|
Term
| What's a simpler version of a laying an information? |
|
Definition
| 'Written Charge and Requisition' |
|
|
Term
| What does a 'written charge and requisition' consist of? |
|
Definition
| A note that they've been charged and the date the defendant has to appear in court. |
|
|
Term
| If you haven't been arrested, can the police force you to answer questions or detain you? |
|
Definition
| No. You have to be arrested before they can do those things, |
|
|
Term
| What may happen to someone who refuses to answer police questions even if they haven't been arrested. |
|
Definition
| They may be found guilty of obstructing a police officer. |
|
|
Term
| Which act gives the police the right to arrest? |
|
Definition
| The Serious Organised Crime and Police Act 2005 |
|
|
Term
| On what grounds can the police arrest somebody? |
|
Definition
| If they believe that person has committed, is committing, or is about to commit an offence. |
|
|
Term
| Under what circumstances are arrest warrants most often used? |
|
Definition
| When a defendant hasn't turned up to trial. |
|
|
Term
| Who grants arrest warrants? |
|
Definition
|
|
Term
| How long can the police hold someone they've arrested before they either charge them or let them go? |
|
Definition
| 36 hours unless it is an indictable offence, in which case the police are given 12 extra hours. |
|
|
Term
| How long can a someone suspected of terrorism offences be healed with out charge? |
|
Definition
|
|
Term
| What can the police do if they want to hold a suspect longer for questioning? How long can they then hold the person for? |
|
Definition
| Get permission from a magistrate. 96 hours. |
|
|
Term
|
Definition
| An ancient custom of going and forcibly petitioning someone to be removed from jails, if they've been held too long without charge. |
|
|
Term
| Is the PACE code of practice legally binding? |
|
Definition
| No, but breaking the code of practice can result in disciplinary action. |
|
|
Term
| If you feel you've been unfairly arrested, and were never charged, what charges can you bring against the police? |
|
Definition
| Wrongful imprisonment, false arrest. |
|
|
Term
|
Definition
| Bail granted by a police officer in the street where they were charged. |
|
|
Term
|
Definition
| Police officers or magistrates. |
|
|
Term
| Under what four circumstances can bail be refused to someone with no previous convictions? |
|
Definition
| 1) when there is a high likelihood the person will abscond 2) when the person is already serving a jail sentence 3) when the defendant should be kept in custody for their own safety. 4) when there isn't enough information to make a decision. |
|
|
Term
| Is bail normally granted to someone with a previous conviction for a serious offence? |
|
Definition
| No, not unless there are exceptional circumstances. |
|
|
Term
| Can a defendant appeal against the refusal of bail? |
|
Definition
| Yes they can reply to a judge in chambers. |
|
|
Term
|
Definition
| A sum of money put forward by some relation to the defendant to garauntee that he will turn up to trial. |
|
|
Term
| Why are there strict restrictions on what you can report from a bail hearing? |
|
Definition
| Because the defendant's previous convictions are brought up. |
|
|
Term
| On what condition can a policeman issue a caution? |
|
Definition
| If the defendant admits guilt. |
|
|
Term
| Do you have a criminal record if you have a caution? |
|
Definition
| No, but it can be used against you if you're charged with another criminal offence at a later date. You have to disclose a caution when applying for certain jobs. |
|
|
Term
| What two-stage test do the CPS use when deciding whether or not to bring a case to court |
|
Definition
| 1) Is there enough evidence to provide a realistic prospect of conviction 2) Is a prosecution in the public interest? |
|
|
Term
| Name three factors that make pursuing a case more likely to be in the public interest |
|
Definition
| 1) that the case is likely to result in a significant sentence 2) That the crime was committed against someone in a public role (e.g a police office) 3) That the crime happens very frequently in a local area |
|
|
Term
|
Definition
| Crown prosecution service |
|
|
Term
|
Definition
| When the CPS decides not to bring a case, a private party can bring a case instead but there is no legal aid available for them to do this. |
|
|
Term
| What happens in the pretrial hearing for a summary offence? |
|
Definition
| In such cases the pretrial hearing is optional. It is an occasion for both sides to decide the key points in the case and decide what needs to be done before a trial. |
|
|
Term
|
Definition
| The defendant states whether or not they will plead guilty, this happens in an either way offence. |
|
|
Term
| What happens if a defendant pleas guilty in a pre-trial hearing for an either way case. |
|
Definition
| The judge can 1) adjourn the case 2) sentence 3) pass the case onto another court for sentencing. |
|
|
Term
|
Definition
| Where magistrates where a case will be heard in an either way case |
|
|
Term
| What happens if someone pleads innocent, or doesn't enter a plea, in an either way case? |
|
Definition
| - They rule on points of law and the admissibility of evidence. |
|
|
Term
| What can the prosecution do to appeal if the judge dismisses a case for a lack of evidence in an either way case? |
|
Definition
| The prosecution can apply to a high court judge for a bill of indictment. In practice this rarely happens. |
|
|
Term
| Legal Services Commission |
|
Definition
| What used to be called legal aid |
|
|
Term
| Where would a defendant in an indictable case bring an appeal that the case shouldn't be tried in the Crown Court? |
|
Definition
| The Queen's Bench Division of the High Court. |
|
|
Term
|
Definition
| A hearing in a particularly serious case before the jury is sworn in. This is designed to help the judge manage the trial and make sure it's structured in such a way that the jury will understand the evidence. |
|
|
Term
| Who take the floor first in a criminal trial: the prosecution, or defence. |
|
Definition
|
|
Term
|
Definition
| When the lawyer questions one of their own witnesses. |
|
|
Term
|
Definition
| When a lawyer questions someone from the opposite side |
|
|
Term
| Do witnesses have a choice over whether they give evidence. |
|
Definition
| No, they can be compelled to and given up to a month in jail if they refuse. |
|
|
Term
| Which type of witnesses can't be compelled to give evidence? |
|
Definition
| Spouse witnesses can't be compelled to give evidence against their partner, unless the crime was committed against them or one of their children. |
|
|
Term
|
Definition
| when a witness goes against what they originally said, or give a different slant on it in court. |
|
|
Term
| What happens in the judges summing up |
|
Definition
| The judge reminds the jury of the concept of reasonable doubt, sums up both sides, explains points of law. Where the judge believes insufficient evidence has been given, he should steer the jury to acquit. |
|
|
Term
| What is the lowest majority verdict a judge can accept in a trial with 12 jurors? |
|
Definition
|
|
Term
| All being equal, at what point can previous convictions be mentioned during a trial? |
|
Definition
|
|
Term
| Under which circumstances can a defendant's previous convictions be mentioned during an active trial? |
|
Definition
| 1) If they give a wrong impression of their own character 2) If the defendant attacks the character of a prosecution witness 3) where the previous conviction would shed light on the case and wouldn't make the trial unfair (e.g. if the pattern of this crime is very similar to a previous one). |
|
|
Term
| Taken Into Consideration (TICS) |
|
Definition
| This is when the defendant admits to other crimes during the process of a trial. This defendant gets less time than they otherwise would for these other offences and the police get to close unsolved cases. |
|
|
Term
| Name the seven main types of sentences in a criminal case. (Bicc fam) |
|
Definition
| Binding order, imprisonment, compensation and confiscation order, community service, fine, mental health order, absolute and conditional discharge. |
|
|
Term
|
Definition
| In custody awaiting trial. |
|
|
Term
|
Definition
| A sentence decided by a judge on the basis of guidance handed down from the Court of Appeal. |
|
|
Term
| Imprisonment for Protection of the Public (IPP) |
|
Definition
| The judge lays down a minimum sentence, but the person will not be freed until a parole board agrees they no longer pose a threat to the public. This type of sentence was abolished in 2012 but there are still 6,000 criminal with them. |
|
|
Term
|
Definition
|
|
Term
| What three categories are life sentences divided into? |
|
Definition
| 1) Sentences for those who've committed the worst crime (terrorists/ serial killers) who should send their life in jail 2) those who should serve around 30 years (for murder involving sexual assault, killing a police over, racially motivated murder etc) 3) 15 year life sentences. |
|
|
Term
|
Definition
| A prisoner doesn't have to go to jail unless they commit another crime within a set period of time |
|
|
Term
| How long can a court defer a sentence for? |
|
Definition
|
|
Term
| Why do courts sometimes use deferred sentences? |
|
Definition
| Because they believe the criminal's circumstances are soon likely to change e.g they're soon likely to settle down to employment or complete rehab. |
|
|
Term
| What is the maximum fine a magistrate can impose? |
|
Definition
|
|
Term
| What is the maximum fine a crown court can impose |
|
Definition
| The maximum fine is unlimited |
|
|
Term
| What is the maximum sum for a compensation and confiscation order in a magistrates' court? |
|
Definition
|
|
Term
| Can Confiscation and Compensation orders be applied on top of other sentences? |
|
Definition
|
|
Term
|
Definition
| Someone is bound for a particular time period not to commit a crime, if they break this they face punishment (normally a fine). |
|
|
Term
| What kinds of cases are binding over orders most likely to passed down in? |
|
Definition
| Less serious cases of violence, such as breach of the peace. |
|
|
Term
|
Definition
| The criminal is free to go without charge for this crime, but if they commit another offence within a set period they will be sentenced again for this crime. |
|
|
Term
|
Definition
| When a defendant has broken the law but the judge doesn't believe they deserve punishment |
|
|
Term
| Name three ways of challenging a court reporting order. |
|
Definition
| 1) Apply to the original court 2) Judicial review 3) Appeal under s159 of the Criminal Justice Act 1988. |
|
|
Term
| Can an S11 order be issued against a piece of evidence which has been stated in open court? |
|
Definition
|
|
Term
| Name two drawbacks of bringing a judicial review against a court order |
|
Definition
| 1) The expense 2) They take a while before returning their verdicts, by which time the information guarded by a reporting order may have lost its news value. |
|
|
Term
| What courts do S159 appeals apply to? |
|
Definition
|
|
Term
| Name downsides of S159 of the Criminal Justice Act 1988 for the press |
|
Definition
| 1) right to appeal isn't automatically granted, it has to be applied for 2) It can take time |
|
|
Term
| Name six grounds on which you can challenge an S4(2) order |
|
Definition
| 1) it amounts to a permanent ban (the order is only meant to be temporary. 2) The ban doesn't prevent prejudice 3) Insufficient attention has been payed to the principle of open justice 4) The risk of prejudice is not substantial 5) Anonymity would not stop the risk of prejudice 6) The order doesn't cover a trial which is current, imminent or impending |
|
|
Term
| On what three grounds can you challenge a section 11 order |
|
Definition
| 1) the information was given in an open court (unless by mistake). 2) Arguments/ details were withheld from the court but the court didn't have the jurisdiction to do that 3) A ban is necessary in the interests of justice. |
|
|
Term
| On what 2 grounds can reporting orders against please in mitigation be challenged? |
|
Definition
| 1) There are 'substantial grounds' for believing them to be true 2)They're relevant to the sentence in the case |
|
|
Term
| On what three grounds can you challenge a s46 order? |
|
Definition
| 1) It's been issued for someone who isn't a witness in the case 2) the order was not issued to prevent fear or distress - saving embarrassment is not a grounds for issuing an order 3)The court has not taken into account the possibility the importance of avoiding unreasonable reporting restrictions |
|
|
Term
| On what three grounds can you challenge a S49 reporting restriction? |
|
Definition
| 1) The child has been convicted of a serious offence 2) A lot of people were seriously affected by the offence 3) publicity could prevent further criminal activity. |
|
|
Term
| On what five grounds can you challenge a s39 order? |
|
Definition
| 1) It doesn't balance the child's right to privacy with the need for open justice 2) the child is very young 3) the child is dead 4) the order protects someone who isn't a child 5)The child is not 'concerned in the proceedings'. |
|
|
Term
| If you unsuccessfully challenge a reporting restriction, can a costs order be made against you. |
|
Definition
| Yes. This is much less likely to happen if you challenge the order before the case begins. |
|
|
Term
| What guidance did the Judicial Studies Board give to the court re court orders? |
|
Definition
It told them that if an order is imposed, the court should be ready to hear media arguments in favour of them being lifted.
If the courts receive a request for a reporting order the court should invite the media to submit their arguments against this. |
|
|
