Flashcards
Basic Knowledge
Flashcards do conjunto (7)
- 1Sentences- 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 - 2Sending/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 - 3Section 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 - 4Bail- 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 - 5Terminology 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 - 6How 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 - 7Sources 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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- Court Reporting (Basic Knowledge) FlashCards sobre Basic Knowledge, criado por Maria O'Dempsey em 17-04-2013.
- Criado por
- Maria O'Dempsey
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