866021
Description
Flashcards by charlotteepardon, updated more than 1 year ago
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Created by charlotteepardon
almost 10 years ago
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| Question | Answer |
| Indictable offences are how serious of an offence and are tried in what court? | Most serious crime, must be tried in the Crown Court. |
| Give 4 ideas of why a defendant might choose trials in the magistrates court? | 1. Much faster than the crown court. 2. Less publicity. 3. Court Procedures 4. Less possible penalties NEED TO BE ABLE TO EXPAND ON THESE. |
| Give 4 reasons why a defendant may choose a trial in the crown court? | 1. Higher conviction rate in Magistrates 2. Legal funding more likely 3. If remanded time served will count against sentence. 4. Magistrates may send it to crown court anyway. NEED TO BE ABLE TO EXPAND ON THESE. |
| What is plea before venue? | The defendant is asked whether they plea guilty or not guilty. If guilty case is automatically heard by the magistrates but optional to send to crown court if necessary. |
| Summary offences are how serious of offence and are tried in what court? | Least serious offence, Magistrates court |
| Tribal either way are how serious of an offence and are tried in what court? | Middle range offence, can vary on degree of harm caused. Can be tried in Magistrates or the crown court. |
| Give examples or indictable, summary and tribal either way offences. | 1. Summary: driving offences, common assault. 2. Tribal either way: Theft, assault occasioning in actual bodily harm. 3. Indictable: Man slaughter, rape and murder. |
| Should the defendant be able to choose which court they go into? | The house of lords so far has stopped governments attempts to abolish the defendants rights to choose as it felt that the right to jury trial is too important as a safe guard of liberty. |
| Fred has been charged with murder, what court would he be tried at and why? | Crown court because its an indictable offence. |
| Billy has pleaded guilty to causing actual bodily harm, what court will he go to? | As hes pleaded guilty no need for trial, it is tribal either way so the magistrates could sentence him or send it to the crown court for sentencing if they think he needs a more severe sentence than they can give. |
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