Podcast
Questions and Answers
Which of the following is NOT a typical responsibility of the police and the Crown Prosecution Service (CPS) when preparing for a court case?
Which of the following is NOT a typical responsibility of the police and the Crown Prosecution Service (CPS) when preparing for a court case?
- Working together on behalf of the state
- Collating evidence to be presented in court
- Gathering evidence to be presented in court
- Preparing a defense for the accused (correct)
In cases of serious offenses where a guilty plea is entered, the sentencing hearing is always held in the Magistrate's Court.
In cases of serious offenses where a guilty plea is entered, the sentencing hearing is always held in the Magistrate's Court.
False (B)
In the UK legal system, what is the standard of proof required in criminal law to secure a conviction?
In the UK legal system, what is the standard of proof required in criminal law to secure a conviction?
beyond reasonable doubt
In civil court, the person making a claim against the defendant is known as the ______.
In civil court, the person making a claim against the defendant is known as the ______.
Match the following courts with their primary jurisdiction:
Match the following courts with their primary jurisdiction:
Which of the following is NOT one of the six key qualities required to be a Magistrate, as set out by the Lord Chancellor?
Which of the following is NOT one of the six key qualities required to be a Magistrate, as set out by the Lord Chancellor?
Magistrates are typically paid a full-time salary for their work, reflecting the importance of their role in the justice system.
Magistrates are typically paid a full-time salary for their work, reflecting the importance of their role in the justice system.
What is the minimum number of half days per year that a Magistrate is expected to sit?
What is the minimum number of half days per year that a Magistrate is expected to sit?
Magistrates are recruited and selected by a network of local ______ committees.
Magistrates are recruited and selected by a network of local ______ committees.
What is the upper age limit for becoming a Magistrate in the UK?
What is the upper age limit for becoming a Magistrate in the UK?
The Jury Summoning Bureau selects potential jurors randomly from the phone book.
The Jury Summoning Bureau selects potential jurors randomly from the phone book.
What document must a person complete if they are summoned for jury duty but cannot attend?
What document must a person complete if they are summoned for jury duty but cannot attend?
The principle in the legal system that allows citizens 'lawful judgement by their peers' can be traced back to the Magna Carta signed by King ______.
The principle in the legal system that allows citizens 'lawful judgement by their peers' can be traced back to the Magna Carta signed by King ______.
Which of the following is NOT a criterion for jury members?
Which of the following is NOT a criterion for jury members?
Prospective jurors can be automatically excused from service if they have served on a jury within the past five years.
Prospective jurors can be automatically excused from service if they have served on a jury within the past five years.
Which of the following is cited as a common cause of crime in the UK?
Which of the following is cited as a common cause of crime in the UK?
Evasion of liability and bail offenses are categories of civil offenses in the UK.
Evasion of liability and bail offenses are categories of civil offenses in the UK.
Newly appointed police constables in England and Wales undergo a training program known as?
Newly appointed police constables in England and Wales undergo a training program known as?
The court that usually has maximum sentencing powers including a £5,000 fine and up to six months in prison is the ______ Court.
The court that usually has maximum sentencing powers including a £5,000 fine and up to six months in prison is the ______ Court.
Match the phase of the Initial Police Learning and Development Programme (IPLD) with its description:
Match the phase of the Initial Police Learning and Development Programme (IPLD) with its description:
Which court determines the verdict in the Crown Court?
Which court determines the verdict in the Crown Court?
Scotland and Northern Ireland share the same legal system as England and Wales.
Scotland and Northern Ireland share the same legal system as England and Wales.
What is the standard of proof required in civil law to win a case?
What is the standard of proof required in civil law to win a case?
The highest court of appeal in the UK is the ______ Court.
The highest court of appeal in the UK is the ______ Court.
Which of the following is a power of the Appeal Court?
Which of the following is a power of the Appeal Court?
Which court was set up in 2009 to replace the House of Lords judicial function?
Which court was set up in 2009 to replace the House of Lords judicial function?
If a defendant pleads not guilty for an offense that carries a custodial sentence of less than 6 months, the case will be referred for a jury trial at the Crown Court
If a defendant pleads not guilty for an offense that carries a custodial sentence of less than 6 months, the case will be referred for a jury trial at the Crown Court
In criminal law, what happens to the defendant if they are found guilty?
In criminal law, what happens to the defendant if they are found guilty?
Most civil cases will be heard in the ______ Court.
Most civil cases will be heard in the ______ Court.
Match the person in the court room with the appropriate side.
Match the person in the court room with the appropriate side.
Flashcards
Preparing for court (Criminal Law)
Preparing for court (Criminal Law)
The police, through the CPS, gather evidence, while the accused prepares a defense with their solicitor.
Sentencing After a Guilty Plea
Sentencing After a Guilty Plea
For minor offenses, sentencing is decided by a Magistrate. Serious offenses are referred to the Crown Court for sentencing by a judge.
Non-Guilty Plea Process
Non-Guilty Plea Process
For minor offenses, the Magistrate decides the verdict after hearing both sides. Serious crimes go to the Crown Court for a jury trial.
Civil Law
Civil Law
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Lay Magistrates
Lay Magistrates
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Key Qualities of a Magistrate
Key Qualities of a Magistrate
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Formal Requirements to be a Magistrate
Formal Requirements to be a Magistrate
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Sentencing Factors for Magistrates
Sentencing Factors for Magistrates
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Magistrate Recruitment Process
Magistrate Recruitment Process
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Juries
Juries
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Jury Service Selection
Jury Service Selection
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Jury Vetting
Jury Vetting
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Jury Member Criteria
Jury Member Criteria
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Common Causes of Crime in the UK
Common Causes of Crime in the UK
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Categories of Criminal Offenses
Categories of Criminal Offenses
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Police Constable Training Phases
Police Constable Training Phases
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Criminal Law
Criminal Law
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Magistrates Court
Magistrates Court
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The Crown Court
The Crown Court
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Appeal Courts
Appeal Courts
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Supreme Court
Supreme Court
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Study Notes
- The police and the Crown Prosecution Service (CPS) collect evidence for court presentation in criminal cases, while the accused, through their solicitor, prepares a defense.
Guilty Plea
- Magistrates sentence offenders in lesser offenses
- Serious offenses result in a new sentencing hearing at the Crown Court, where a judge has broader sentencing powers.
Non-Guilty Plea
- In lesser offenses, the Magistrate listens to both sides (defense and prosecution) before deciding the verdict.
- For serious crimes with custodial sentences above 6 months, the case goes to a jury trial at the Crown Court, where a jury decides the verdict and a judge decides the sentence.
- A guilty defendant in criminal law becomes a convicted criminal and the judge or Magistrate considers the crime's facts and the criminal's character when sentencing.
- Sentences for serious crimes can include prison, fines, or community service.
- Civil law addresses disputes between individuals without criminal involvement and civil courts offer solutions.
- Most civil cases involve a claimant (plaintiff) making a claim against a defendant, often for breach of contract or negligence.
- Cases are mainly heard in County Court, with some high-value cases going to the High Court.
Magistrates
- Lay Magistrates handle most criminal cases in the English Legal System, with nearly one million cases annually which upholds trial by peers.
- Magistrates don't need formal legal qualifications, but must have six key qualities set out by the Lord Chancellor in 1998.
Six Key Qualities for Magistrates
- Good character
- Understanding and communication
- Social awareness
- Maturity and sound temperament
- Sound judgement
- Commitment and reliability
Formal Requirements for Magistrates
- Aged between 18-65
- Prepared to sit for at least 26 half days per year
- No serious criminal record
- Not be an undischarged bankrupt
- Not be a member of the armed forces
- Magistrates issue sentences based on various factors in accordance with sentencing guidelines.
Factors Considered in Sentencing
- Age of the defendant
- Seriousness of the crime
- Previous convictions
- Guilty or not guilty plea
- Aggravating or mitigating factors
- Magistrates are recruited by 47 local advisory committees and the Senior Presiding Judge appoints individuals after application, references, and interviews.
- Magistrates are unpaid volunteers working part-time (26 half days per year) and receive on-the-job training.
Juries
- Jurors are lay people involved in administering justice
- Trial by jury in the criminal justice system is in the Crown Court which can be traced back to 1215 with the Magna Carta.
- Juror names are randomly selected from the electoral register by the Jury Summoning Bureau.
Jury Service
- Jurors are expected to attend for at least two weeks
- The prosecution and defense can see the juror list and may decide on vetting.
Criteria for Jury Members
- Registered as a parliamentary or local elector
- Aged between 18-70 (rising to 75)
- Resident of the UK for at least five years since age 13
- Not have any mental disorders
- Not be disqualified from jury service
- Those who have served on a jury in the past two years are automatically excused and jury duty postponement is possible under some circumstances.
Common Causes of Crime in the UK
- Poverty can lead to theft and burglary
- Poor upbringing and lack of respect for laws
- Alcohol and drugs can lead to criminal behavior
- Local neighborhood norms and gangs
- Media-influenced lifestyle desires and jealousy
- Risk-taking due to perceived reduced police presence
Categories of Criminal Offenses in the UK
- Offences against the person
- Theft and dishonesty
- Sexual offenses
- Harmful or dangerous drugs
- Criminal damage
- Firearms
- Immigration
- Evasion of liability / Bail offenses
- Bomb Threat and Bomb Hoaxes
- Offensive Weapons
- Protection of Children
- Probationary police constables in England and Wales undergo the Initial Police Learning and Development Programme.
Initial Police Learning and Development Programme Phases
- Induction
- Community
- Supervised patrol
- Independent patrol
- Criminal law involves the state prosecuting individuals who break the law.
- England and Wales share a legal system, while Scotland and Northern Ireland have separate ones.
Magistrates Court
- Deals with the majority of criminal cases (summary offenses)
- Has maximum sentencing powers of a £5,000 fine and up to six months in prison.
- A Magistrate presides over cases in the magistrates court and decides both the verdict and the appropriate sentence
- Cases requiring higher sentencing powers are referred to the Crown Court.
Crown Court
- Deals with the most serious criminal cases (e.g. murder, manslaughter, rape) and the judge can award an unlimited fine and up to life in prison
- The jury decides the verdict, and the judge decides the sentence, guided by sentencing guidelines.
- The standard of proof in criminal law is ‘beyond reasonable doubt' and in civil law 'on the balance of probability’.
Appeal Courts
- Hears both civil and criminal appeals
- Second highest court in the UK (under the Supreme Court)
- Has the power to dismiss or alter a previous decision or sentence, or order a new trial
- The Supreme Court is the final court of appeal in the UK, replacing the House of Lords judicial function in 2009.
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