48947
Description
Flashcards by Maria O'Dempsey, updated more than 1 year ago
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Created by Maria O'Dempsey
over 11 years ago
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| Question | Answer |
| Sentences | - Multiple crimes: 1) Concurrent; longest sentence 2) Consecutive; total length of sentences - Suspended: does not have to go to jail unless reoffends; incorrect to say they were jailed - Absolute discharge: court does not impose penalty - Conditional discharge: no immediate punishment but no further offending w/in 3 yrs; court can look at both offences if conditions broken - Community order: unpaid work, curfew, drug/alcohol treatment |
| Sending/Committal for Trial | - Sending: Preliminary hearing formally "sending" case to CC; indictable only - Committed: Preliminary hearing for EW offence to determine who accused will be dealt with; asked how they intend to plea; guilty: convicted & sentenced by MC; not guilty: mode of trial hearing MC decides if can be tried summarily or by CC - Committal hearings for EW offences are due to be abolished |
| Section 8 of MCA 1980 | - If tried in MC no jury; does not apply - Prevent publication: 1) Reference to evidence beyond what is written in wording of charge 2) Previous convictions; anything likely to create SROSP - Due to be abolished under 52A of Crime & Disorder Act 1998 - Restrictions do not apply: 1) None of accused sent for trial 2) Accused applies to have lifted; should not report anything which creates SROSP 3) 1+ accused tried summarily 4) Accused committed for trial at CC 5) All defendants tried at CC, anything said in preliminary hearings can be reported on w/out waiting for appeal |
| Bail | - Police: suspect not charged & police want more time - Court: Bail Act 1976, defendant given liberty until next court date/required to remand on bail unless grounds for believing he will; abscond, commit other offences, obstruct course of justice, for own protection, in prison - Cannot be granted to defendant charged with homicide/rape w previous convictions - Court must give reasons for granting/refusing bail; defendant can appeal to higher court if refused - Surety: person who guarantees defendant will show up |
| Terminology in Criminal Law | - Murder: malice of forethought - Manslaughter: no malice of forethought - Theft: Taking property that belongs to another - Robbery: Taking property with threat of/force - Burglary: entering a building attempting to/steal - Careless driving: lesser offence than dangerous driving - Previous convictions: accused is sentenced & not given before verdict - Cases taken into consideration: defendant can be sentenced simultaneously, removes possibility of future prosecution/gain credit, punished more leniently |
| How criminal proceedings start | - Prosecution starts w arresting defendant - Police apply for arrest warrant/summons - Magistrates deal w 3 types of offences: 1) Summary: tried w/out jury; minor offences 2) Indictable: most serious crimes; triable at Crown 3) Indictable tried EW: tried at C/M depends on Magistrates decision/defendants choice |
| Sources of Law | - Common Law: what is generally accepted - Custom: civil law developed out of customs of middles ages - Precedent: previous decision in courts to inform other courts - Statue: Acts of parliament - Equity: legal principles which supplement rules of law - ECHR; Articles 10 (freedom of expression) vs. 6 (fair trial)+ 8 (family & private life) |
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