66 Questions
What is the role of the police in the criminal justice system?
To investigate suspected offences and gather evidence
Who is accountable to the Attorney General?
The Director of Public Prosecutions (DPP)
What is the primary role of the Crown Prosecution Service (CPS) during a criminal trial?
To present evidence to the court
What does the Crown Prosecution Service (CPS) review before a criminal trial commences?
The evidence gathered by the police
Who is the parties in a criminal case?
The State/Crown and a private party (defendant)
What is the role of the victim in a criminal case?
To act as a witness for the court
What is the burden of proof required of the prosecution in a criminal trial?
Beyond reasonable doubt
What is the purpose of the evidential burden on the defendant?
To avoid wasting the court's time
What is the role of the jury in a Crown Court trial?
To decide matters of fact
What is the primary purpose of the principle that the defendant is presumed innocent until proven guilty?
To limit the risk of innocent people being wrongly convicted
What is the role of the judge in a Crown Court trial?
To decide matters of law
What is the standard of proof required of the prosecution in a criminal trial?
Beyond reasonable doubt
In what type of cases is the legal burden typically reversed?
Defences and insanity claims
What is the difference between a civil law case and a criminal law case?
The name of the parties involved
What is the purpose of the prosecution in a criminal trial?
To prove the defendant's guilt beyond reasonable doubt
What is the significance of the distinction between defences and offences in the context of reverse burdens?
It affects the burden of proof, but lacks objective criteria
What is the primary concern with reverse burdens of proof in criminal trials?
They may infringe on the defendant's right to a fair trial
What is the role of the magistrate in a magistrates' court?
To make decisions on evidence and law
What is the doctrine of precedent?
A doctrine that requires judges to follow previous court decisions
In which type of cases may the temptation to employ a reverse burden of proof be particularly strong?
Sexual offences
What is the effect of a reverse burden of proof on the defendant's Article 6 rights?
It may infringe on the defendant's right to a fair trial
What is the difference between the burden of proof in criminal and civil trials?
The standard of proof is lower in criminal trials
What is the role of the legal advisor in a magistrates' court?
To advise the magistrate on law and evidence
What is the standard of proof required of the defendant when they bear a reverse burden of proof?
On the balance of probabilities
Why do courts often interpret a reversed legal burden as an evidential burden?
To comply with Article 6 of the European Convention on Human Rights
What is the significance of the principle that the defendant is presumed innocent until proven guilty in the context of reverse burdens?
It is an important protection for the defendant's rights
When can the Attorney General refer a point of law to the Court of Appeal?
When the Crown Court's decision is based on a potentially mistaken interpretation of law
What is the result of the Court of Appeal's decision on a sentence referred by the Attorney General?
The original sentence is quashed and replaced with a more severe one
What is the composition of the Court of Appeal when hearing an appeal?
Three judges presided over by a Lord or Lady Justice of Appeal
What is the basis for an appeal to the High Court?
Mistake in law or excess of jurisdiction
What is the role of the judge in a Crown Court case?
Deciding matters of law
What is the effect of a Court of Appeal decision on lower courts?
It creates a binding precedent for lower courts
What is the limitation on the sentencing power of the Crown Court?
Maximum sentence for each offence
What is the requirement for appealing to the Supreme Court?
The disputed point of law must be of 'general public importance'
Who can make an interlocutory appeal on the judge's rulings in a Crown Court case?
Both the defendant and the Crown
How many judges typically sit on the Supreme Court?
5
What is the consequence if the prosecution's interlocutory appeal is refused or upheld by the Court of Appeal?
The defendant is acquitted
What is the effect of a Supreme Court decision on lower courts?
It creates a binding precedent for all lower courts, including the Court of Appeal
What is the role of the Privy Council in the UK?
It is the court of final appeal for UK overseas territories and Crown dependencies
What is the requirement for the Court of Appeal to quash and substitute a sentence?
The sentence is manifestly excessive or wrong in principle
Under what circumstances can the Crown appeal an acquittal?
If new and compelling evidence is discovered
What is the effect of a Privy Council decision on courts in England and Wales?
It has no binding effect on courts in England and Wales
When can the Court of Appeal depart from its own precedent?
Only when sitting with an expanded panel of five judges
What is the purpose of the Criminal Cases Review Commission?
To refer potential miscarriages of justice to the Court of Appeal
What is the AG's Reference cases?
A reference to the Court of Appeal on a point of law
What is the outcome if the Court of Appeal finds a conviction 'unsafe'?
The conviction is quashed and a retrial is ordered
What is the primary source of substantive criminal law in England and Wales?
Statute
What is an advantage of statutory criminal law over common law?
It is more accessible to the public
What is a challenge of using online resources to access statutory rules?
They may not reflect subsequent amendments
What is a characteristic of statutory criminal law in England and Wales?
It is inconsistent in its form and detail
What is the Accessories and Abettors Act 1861 an example of?
A simple and outdated statute
What is a potential problem with modern statutes that are very detailed?
They are too complex and difficult to understand
Why is it important to identify the sources of the criminal law?
Because it is necessary to determine whether conduct is criminal
What is a consequence of the quantity of legislation in England and Wales?
It makes it impossible for citizens to be fully informed about the law
What is a characteristic of the process of creating legislation in England and Wales?
It is a democratic process
What is the purpose of identifying the sources of the criminal law before interpreting and applying the substantive law?
To determine whether conduct is criminal
What is the purpose of the doctrine of precedent in the common law system?
To ensure consistency between courts and predictability of interpretations
What is the main difference between ratio decidendi and obiter dicta?
Ratio decidendi is binding, while obiter dicta is not
What is the limited sentencing power of the magistrates' court?
12 months' imprisonment
What type of offences are tried in the magistrates' court?
Triable either way offences, and summary only offences
What is the purpose of the appeal process in the criminal courts?
To ensure justice is served
What is the role of the legal advisor in the magistrates' court?
To provide legal guidance to the magistrates
What is the effect of a successful appeal by the defendant to the Crown Court?
The case is reheard in the Crown Court
What is the role of the Crown Court in the criminal appeals system?
To hear appeals from the magistrates' court
What is the percentage of criminal cases that are concluded in the magistrates' court without appeal?
95%
What is the role of the High Court in the criminal appeals system?
To hear appeals by way of case stated
Learn about the main actors involved in the criminal justice system, including the police, prosecutor, defendant, and others. Understand their roles and responsibilities in the criminal justice process.
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