Karteikarten
Law Flashcards
Karten in diesem Stapel (33)
- 1What did the Attorney General say about police appeals?The press have nothing to fear, in reasonable terms, a police appeal for help
- 2Another name for magistratesJP's (Justice of the Peace)
- 3What is Bail and name the Act?Where the court grants his/her liberty until the next casehearing
Bail Act 1976 - 4Suspended SentenceThey do not have to go to jail, unless they commit another offence, where a jail sentence could be imposed, during the period where the sentence is suspended.
- 5Community orderCourt imposes one or more requirements of:
- A curfew
- Unpaid work in the community
- Receiving treatment for drug/alcohol dependency
-Going to attendance centre to reflect on their behaviour - 6State the strict liability rule of the Contempt of Court Act 1981"Substantial risk of serious prejudice or impediment to particular proceedings which are active"
- 7When are criminal proceedings active?- Arrested
- Charged orally
- Summons to court
- Arrest warrant - 8When do criminal proceedings cease to be active?- When the case is discontinued
- No arrest has been made in 12 months of the warrant being issued
- Released without being charged
- They have been acquitted or sentenced
- Unfit to be tried, to plead or the judge orders the charge to 'lie on file' - 9Do proceedings become active when an appeal is lodged?Yes.
However, the media is fairly free to publish about the case/appeal as the appeal will be heard by judges not jurors. - 10Definitions of treasure- Find of 10 or more coins over 300 years old
- Object, not a single coin, over 10% gold/silver and over 300 years old - 11Section 3 defence for Contempt of Court 1981"Taking all reasonable care, he did not know or had no reason to suspect that proceedings where active"
- 12Name material which could cause contempt-References to a suspect or defendant's previous convictions
-Suggesting they are dishonest or of bad character
-Evidence linking them to the crime of which they are suspected/accused
-Witness's detailed account of a relevant event
-Photograph or footage or description of a suspect when ID is or is likely to be a evidence issue because of a ID parade to be help or a witness is expected to testify on their ID - 13Name the 3 things the courts consider whether or not the publication could cause contempt-The likelihood of the publication coming to a jurors attention
- its likely impact on an ordinary reader
- The residual impact on a notional juror at the time of the trail - 14Section 4 defence of Contempt of CourtA fair and accurate report, published contemporaneously, published in good faith
- 15Section 4(2) of the Contempt of Court Act 1981Where the court deems necessary to avoid me substantial risk of prejudice to the administration of justice in those proceedings
- Or other proceedings pending or imminent
-For as long as the court thinks necessary - 16Section 5 defence of the Contempt of Court Act 1981Protects stories which are a "ongoing discussion of public affairs as long as the risk of prejudice to a particular case is merely incidental"
- 17Clause 6 of the PCC Code-Children should be free to go to school without intrusion
-Children should not be photographed or approached while at school without school permission
-Minors should not be paid for material about their welfare or parents involving their children, unless in child's interest
-Children should not be interviewed/photographed involving their or another children's welfare unless a custodial parent consents - 18Indictable onlyMost serious crimes e.g Murder, rape and robbery. 7
Taken in initially by a magistrates court but then dealt at Crown Court because the maximum jail sentence would not be long enough. - 19When must a inquest be held by a jury?- If there is 'sufficient reason'
- They were in custody and the death was violent + unnatural + cause unknown
- Act or omission of a police officer/police force of the armed services
-Caused by accident, poisoning, disease which must be notified by a government department/inspector - 20Purpose of inquests into deathsWho, when where and how they died
and other findings on the particulars of their death - 21Certain categories where a coroner can investigate death- If the death was violent or unnatural
- Death was unknown
- Death was in custody/state detention - 22What powers does a coroner have?- Can make S11 orders under CoC 1981
- Can make S39 orders
- Has a right by common law to take possession of a body - 23What are the requirements to be a coroner?Seven or more years as a doctor or lawyer
- 24Clause 2 of the PPC CodeA fair opportunity to reply to inaccuracies must be given when reasonably called for
- 25Clause 1 of the PPC CodeThe Press must take care not to publish inaccurate, misleading or distorted information inc. pictures
- 26BlackmailMaking a unwarranted demand with menaces with a view to gain.
- 27FraudMaking a fraudulent misrepresention in order to gain a pecuniary advantage
- 28TheftDishonestly appropriating property with the intent of permanently depriving them of it. (Theft Act 1968) Either Way
- 29MurderUnlawfully killing of a human being with 'malice aforethought' with the intention to kill or commit GBH. Indictable only.
- 30Mens Rea'A guilty mind' e.g planned out, attempted with guilty intent
- 31Actus ReusThe act which is potentially criminal
- 32SummaryDrunkenness, speeding, assault charges
Dealt at Mag. court accept when it leads to a indictable offence where Crown Court will deal with it all - 33Either WayTheft, sexual assault, GBH
Can be dealt at either Mag. Court or Crown Court depending and defendant can opt to choose jury at Crown Court
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- Law Karteikarten am Law Flashcards, erstellt von Chris Harper am 04/04/2013.
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