Criminal Justice System: Key Actors
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Questions and Answers

What is the role of the police in the criminal justice system?

  • To assess the viability of a prosecution
  • To prosecute on behalf of the State/Crown
  • To act as a witness for the court
  • To investigate suspected offences and gather evidence (correct)

    • Who is accountable to the Attorney General?

  • The Parliament
  • The Crown Prosecution Service (CPS)
  • The head of the police
  • The Director of Public Prosecutions (DPP) (correct)

    • What is the primary role of the Crown Prosecution Service (CPS) during a criminal trial?

  • To investigate suspected offences
  • To act as a witness for the court
  • To gather evidence
  • To present evidence to the court (correct)

    • What does the Crown Prosecution Service (CPS) review before a criminal trial commences?

    <p>The evidence gathered by the police</p> Signup and view all the answers

    Who is the parties in a criminal case?

    <p>The State/Crown and a private party (defendant)</p> Signup and view all the answers

    What is the role of the victim in a criminal case?

    <p>To act as a witness for the court</p> Signup and view all the answers

    What is the burden of proof required of the prosecution in a criminal trial?

    <p>Beyond reasonable doubt</p> Signup and view all the answers

    What is the purpose of the evidential burden on the defendant?

    <p>To avoid wasting the court's time</p> Signup and view all the answers

    What is the role of the jury in a Crown Court trial?

    <p>To decide matters of fact</p> Signup and view all the answers

    What is the primary purpose of the principle that the defendant is presumed innocent until proven guilty?

    <p>To limit the risk of innocent people being wrongly convicted</p> Signup and view all the answers

    What is the role of the judge in a Crown Court trial?

    <p>To decide matters of law</p> Signup and view all the answers

    What is the standard of proof required of the prosecution in a criminal trial?

    <p>Beyond reasonable doubt</p> Signup and view all the answers

    In what type of cases is the legal burden typically reversed?

    <p>Defences and insanity claims</p> Signup and view all the answers

    What is the difference between a civil law case and a criminal law case?

    <p>The name of the parties involved</p> Signup and view all the answers

    What is the purpose of the prosecution in a criminal trial?

    <p>To prove the defendant's guilt beyond reasonable doubt</p> Signup and view all the answers

    What is the significance of the distinction between defences and offences in the context of reverse burdens?

    <p>It affects the burden of proof, but lacks objective criteria</p> Signup and view all the answers

    What is the primary concern with reverse burdens of proof in criminal trials?

    <p>They may infringe on the defendant's right to a fair trial</p> Signup and view all the answers

    What is the role of the magistrate in a magistrates' court?

    <p>To make decisions on evidence and law</p> Signup and view all the answers

    What is the doctrine of precedent?

    <p>A doctrine that requires judges to follow previous court decisions</p> Signup and view all the answers

    In which type of cases may the temptation to employ a reverse burden of proof be particularly strong?

    <p>Sexual offences</p> Signup and view all the answers

    What is the effect of a reverse burden of proof on the defendant's Article 6 rights?

    <p>It may infringe on the defendant's right to a fair trial</p> Signup and view all the answers

    What is the difference between the burden of proof in criminal and civil trials?

    <p>The standard of proof is lower in criminal trials</p> Signup and view all the answers

    What is the role of the legal advisor in a magistrates' court?

    <p>To advise the magistrate on law and evidence</p> Signup and view all the answers

    What is the standard of proof required of the defendant when they bear a reverse burden of proof?

    <p>On the balance of probabilities</p> Signup and view all the answers

    Why do courts often interpret a reversed legal burden as an evidential burden?

    <p>To comply with Article 6 of the European Convention on Human Rights</p> Signup and view all the answers

    What is the significance of the principle that the defendant is presumed innocent until proven guilty in the context of reverse burdens?

    <p>It is an important protection for the defendant's rights</p> Signup and view all the answers

    When can the Attorney General refer a point of law to the Court of Appeal?

    <p>When the Crown Court's decision is based on a potentially mistaken interpretation of law</p> Signup and view all the answers

    What is the result of the Court of Appeal's decision on a sentence referred by the Attorney General?

    <p>The original sentence is quashed and replaced with a more severe one</p> Signup and view all the answers

    What is the composition of the Court of Appeal when hearing an appeal?

    <p>Three judges presided over by a Lord or Lady Justice of Appeal</p> Signup and view all the answers

    What is the basis for an appeal to the High Court?

    <p>Mistake in law or excess of jurisdiction</p> Signup and view all the answers

    What is the role of the judge in a Crown Court case?

    <p>Deciding matters of law</p> Signup and view all the answers

    What is the effect of a Court of Appeal decision on lower courts?

    <p>It creates a binding precedent for lower courts</p> Signup and view all the answers

    What is the limitation on the sentencing power of the Crown Court?

    <p>Maximum sentence for each offence</p> Signup and view all the answers

    What is the requirement for appealing to the Supreme Court?

    <p>The disputed point of law must be of 'general public importance'</p> Signup and view all the answers

    Who can make an interlocutory appeal on the judge's rulings in a Crown Court case?

    <p>Both the defendant and the Crown</p> Signup and view all the answers

    How many judges typically sit on the Supreme Court?

    <p>5</p> Signup and view all the answers

    What is the consequence if the prosecution's interlocutory appeal is refused or upheld by the Court of Appeal?

    <p>The defendant is acquitted</p> Signup and view all the answers

    What is the effect of a Supreme Court decision on lower courts?

    <p>It creates a binding precedent for all lower courts, including the Court of Appeal</p> Signup and view all the answers

    What is the role of the Privy Council in the UK?

    <p>It is the court of final appeal for UK overseas territories and Crown dependencies</p> Signup and view all the answers

    What is the requirement for the Court of Appeal to quash and substitute a sentence?

    <p>The sentence is manifestly excessive or wrong in principle</p> Signup and view all the answers

    Under what circumstances can the Crown appeal an acquittal?

    <p>If new and compelling evidence is discovered</p> Signup and view all the answers

    What is the effect of a Privy Council decision on courts in England and Wales?

    <p>It has no binding effect on courts in England and Wales</p> Signup and view all the answers

    When can the Court of Appeal depart from its own precedent?

    <p>Only when sitting with an expanded panel of five judges</p> Signup and view all the answers

    What is the purpose of the Criminal Cases Review Commission?

    <p>To refer potential miscarriages of justice to the Court of Appeal</p> Signup and view all the answers

    What is the AG's Reference cases?

    <p>A reference to the Court of Appeal on a point of law</p> Signup and view all the answers

    What is the outcome if the Court of Appeal finds a conviction 'unsafe'?

    <p>The conviction is quashed and a retrial is ordered</p> Signup and view all the answers

    What is the primary source of substantive criminal law in England and Wales?

    <p>Statute</p> Signup and view all the answers

    What is an advantage of statutory criminal law over common law?

    <p>It is more accessible to the public</p> Signup and view all the answers

    What is a challenge of using online resources to access statutory rules?

    <p>They may not reflect subsequent amendments</p> Signup and view all the answers

    What is a characteristic of statutory criminal law in England and Wales?

    <p>It is inconsistent in its form and detail</p> Signup and view all the answers

    What is the Accessories and Abettors Act 1861 an example of?

    <p>A simple and outdated statute</p> Signup and view all the answers

    What is a potential problem with modern statutes that are very detailed?

    <p>They are too complex and difficult to understand</p> Signup and view all the answers

    Why is it important to identify the sources of the criminal law?

    <p>Because it is necessary to determine whether conduct is criminal</p> Signup and view all the answers

    What is a consequence of the quantity of legislation in England and Wales?

    <p>It makes it impossible for citizens to be fully informed about the law</p> Signup and view all the answers

    What is a characteristic of the process of creating legislation in England and Wales?

    <p>It is a democratic process</p> Signup and view all the answers

    What is the purpose of identifying the sources of the criminal law before interpreting and applying the substantive law?

    <p>To determine whether conduct is criminal</p> Signup and view all the answers

    What is the purpose of the doctrine of precedent in the common law system?

    <p>To ensure consistency between courts and predictability of interpretations</p> Signup and view all the answers

    What is the main difference between ratio decidendi and obiter dicta?

    <p>Ratio decidendi is binding, while obiter dicta is not</p> Signup and view all the answers

    What is the limited sentencing power of the magistrates' court?

    <p>12 months' imprisonment</p> Signup and view all the answers

    What type of offences are tried in the magistrates' court?

    <p>Triable either way offences, and summary only offences</p> Signup and view all the answers

    What is the purpose of the appeal process in the criminal courts?

    <p>To ensure justice is served</p> Signup and view all the answers

    What is the role of the legal advisor in the magistrates' court?

    <p>To provide legal guidance to the magistrates</p> Signup and view all the answers

    What is the effect of a successful appeal by the defendant to the Crown Court?

    <p>The case is reheard in the Crown Court</p> Signup and view all the answers

    What is the role of the Crown Court in the criminal appeals system?

    <p>To hear appeals from the magistrates' court</p> Signup and view all the answers

    What is the percentage of criminal cases that are concluded in the magistrates' court without appeal?

    <p>95%</p> Signup and view all the answers

    What is the role of the High Court in the criminal appeals system?

    <p>To hear appeals by way of case stated</p> Signup and view all the answers

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