Criminal Law Quiz

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Questions and Answers

Which type of crime requires a trial in the Crown Court?

Robbery (correct)

Petty theft

Vandalism

Public disturbance

What category does ABH (Actual Bodily Harm) fall under?

Civil offense

Indictable only

Triable either way (correct)

Summary only

What is Bail in the context of criminal justice?

A type of sentence

A form of punishment

An arrest warrant

Release from custody while awaiting trial (correct)

Which of the following is NOT a consideration for Magistrates when deciding on trial allocation?

What is the defendant's financial status? Signup and view all the answers

Which of these offenses could be categorized as a 'Triable Either Way' offense?

Minor theft Signup and view all the answers

What happens if a defendant pleads not guilty during their trial?

Magistrates must allocate the case for trial. Signup and view all the answers

What is a condition that might be imposed on a defendant granted conditional bail?

Payment of a surety bond Signup and view all the answers

Which of the following is a ground for denying bail in the case of a murder prosecution?

There are serious grounds for believing the defendant might flee Signup and view all the answers

Which of the following options best describes the process after a charge against a defendant?

They enter a plea before the court. Signup and view all the answers

In which scenario will a case not have a choice between summary or indictable trial?

If the offense is deemed too severe for summary trial. Signup and view all the answers

What is the maximum prison sentence a magistrate can impose for a single offence?

6 months Signup and view all the answers

Who primarily hears cases in a Crown Court?

Circuit Judges Signup and view all the answers

What type of offence is a magistrate court limited to trying?

Summary offences and triable either way selected as summary Signup and view all the answers

Under what circumstance can the magistrates' court transfer a case to the Crown Court for sentencing?

If the fine is expected to exceed £5,000 Signup and view all the answers

What condition might lead to the refusal of bail for non-imprisonable offences?

The defendant has previously failed to surrender to custody Signup and view all the answers

Which of the following jurisdiction types does the Crown Court hold?

Both Original and Appellate Jurisdiction Signup and view all the answers

What is the maximum time an individual can be detained without charge after an arrest?

96 hours Signup and view all the answers

Who makes the decision to prosecute in the current legal framework?

Crown Prosecution Service (CPS) Signup and view all the answers

Which of the following is a category of criminal offence that is considered 'summary'?

Assault Signup and view all the answers

What legal change occurred in 1986 regarding the prosecution process?

The CPS was established to regulate prosecutions Signup and view all the answers

What must happen if police intend to detain an arrested individual for more than 36 hours?

Court approval is required Signup and view all the answers

Which of the following is NOT a consequence of the Criminal Justice Act 2003?

Victims must always provide a complaint for prosecution Signup and view all the answers

Which type of offence includes criminal damage less than £5,000?

Summary offence Signup and view all the answers

In relation to the categories of criminal offences, what does 'Indictable' refer to?

Serious offences requiring a jury trial Signup and view all the answers

What is the maximum time frame to apply for leave decided by a single judge?

28 days Signup and view all the answers

Which of the following indicates a situation where the Court of Appeal can grant a retrial?

If it is in the interests of justice and appealing against conviction Signup and view all the answers

What is the primary role of the jury in homicide cases?

To determine the facts and guilt Signup and view all the answers

Which act allows the prosecution to appeal rulings that terminate the trial?

Criminal Justice Act 2003 Signup and view all the answers

Under which provision can the Attorney General refer a case concerning a lenient sentence?

s. 36 Criminal Justice Act 1988 Signup and view all the answers

In which scenario is a defendant allowed to appeal against a sentence without requiring permission?

If they plead not-guilty Signup and view all the answers

What type of sentence involves placing conditions for further offenses?

Conditional discharge Signup and view all the answers

Who has wider sentencing powers between the Crown and the Magistrates in homicide cases?

The Crown Signup and view all the answers

What is the maximum number of hours for unpaid work in a community sentence?

300 hours Signup and view all the answers

What is a requirement for minors under 16 in Youth Courts?

They must be accompanied by a parent or guardian Signup and view all the answers

What type of appeal does NOT require permission from the Crown Court?

Initial appeals from the Magistrates Signup and view all the answers

What type of sentence is described as a 'custodial sentence'?

Prison sentence Signup and view all the answers

What does an absolute discharge mean in legal terms?

Conviction without a prison sentence, but with a criminal record Signup and view all the answers

What must be established for a further appeal from the High Court to the Supreme Court?

Public importance Signup and view all the answers

What is a characteristic of an appeal against conviction?

It involves a full rehearing with witnesses Signup and view all the answers

What distinguishes the quasi appellate jurisdiction of the Crown?

Criminal Review Commission sends cases for review. Signup and view all the answers

What is a suspended sentence?

A prison sentence that allows the offender to remain in the community under certain conditions. Signup and view all the answers

What happens if someone does not follow the conditions of their suspended sentence?

They will go back to prison to serve the original sentence. Signup and view all the answers

What is the minimum period an offender must serve in custody under a Detention and Training Order?

4 months. Signup and view all the answers

Which of the following factors is NOT considered by courts when deciding on a sentence?

The defendant's popularity in the community. Signup and view all the answers

What is the purpose of encouraging early guilty pleas in court proceedings?

To reduce costs and impact on victims. Signup and view all the answers

What is one potential consequence of committing a new offence while on a suspended sentence?

The offender will serve the original sentence along with the new one. Signup and view all the answers

How much can a defendant potentially reduce their sentence for a guilty plea at the first stage of proceedings in the Magistrates court?

1/3 off. Signup and view all the answers

What is an Ancillary Order?

An order that imposes additional requirements alongside a sentence. Signup and view all the answers

Study Notes

English Legal Method I - Fall 2024 - 2025

Course taught by Belkıs Şahinoğlu
Course dates: Fall 2024 - 2025

Post-Midterm Timetable

09.12.24: Criminal Court Structure
16.12.24: Precedent
23.12.24: Tutorial
30.12.24: Statutory Interpretation
06.01.25: Review
13.01.25: Final Exam

Criminal Court Structure: Contents

Categories of criminal offences: Summary, Indictable, Triable Either Way
Courts: Criminal Jurisdiction of Magistrates, Crown (first Instance)
Appeal Routes
Types of Sentence: and how they are determined
Plea Bargaining

Procedure pre-prosecution

Process begins with a complaint/investigation followed by arrest under legislation, common law, or warrant
Arrested individuals must be taken to a police station
Within 24 hours, individuals must be charged or released; police can extend this to 12 hours for further investigation
If investigation lasts more than 36 hours, court approval is needed for further detention, with an absolute maximum of 96 hours of detention
Northern Cyprus has a different procedure requiring charges within 24 hours or court appearance for further detention; Court extensions are in 8-day increments for a maximum of 3 months

Procedure pre-prosecution (Until 1986 and Now)

Until 1986: Police decided if Defendants should be prosecuted
Now: Police charge, but the CPS decides on prosecution
Prosecution can happen without a victim complaint
Northern Cyprus and Turkey differ, with some complaints required for prosecution (e.g., sexual assault, sexual harassment, theft, property damage)

Instead of Prosecution...

Crime and Disorder Act 1998, Criminal Justice Act 2003, and Legal Aid, Sentencing and Punishment of Offenders Act 2012
Bad character reference instead of criminal charge
Penalty notice (over 18, fine), e.g., for shoplifting
Caution (over 10), e.g., for graffiti

Deciding on the crime for prosecution...

(No specific information provided in notes)

Categories of Criminal Offences - 'Summary'

Relatively minor offenses, tried in magistrates' courts (330 courts in each district)
Examples: Highway/Traffic (e.g., speeding, dangerous driving); Assault; Cruelty to animals; Criminal damage (under £5,000); Being drunk and disorderly; Driving while disqualified; Labor issues (e.g., employment of children)

Categories of Criminal Offences - 'Indictable'

Serious offenses, tried in Crown Court
Examples: Murder, attempted murder, conspiracy to commit murder, manslaughter, rape, shooting, maiming, burning by explosion, robbery, burglary, arson endangering life, kidnapping (hostage)

Categories of Criminal Offences - 'Triable Either Way'

More serious than summary, but not automatically indictable.
Examples: Theft (not robbery), drug offenses, aggravated vehicle taking (e.g. involving injury), aggravated dangerous driving (e.g. alcohol or racing involved), aggravated assault (e.g. racially motivated), criminal damage (over £5000), Arson not endangering life, Abduction/Cruelty to a child, Controlling/causing prostitution for gain, Administration of noxious substance to cause harm

Triable Either Way Offences - How do we Decide?

Magistrates' deliberation regarding a plea
Determining if Magistrates' sentencing powers are sufficient for the given offense (Allocation)
Sending more serious offenses to Crown Court

Advantages/Disadvantages of Selecting Summary/Indictable

(No specific information provided in notes)

Bail - What is it?

Decision to prosecute involves whether defendant is kept in custody (at police station/court cell) or given bail (until conviction/sentence).
Bail = release from custody whilst case is dealt with
Considerations: presumption of innocence, liberty vs. importane of keeping people in custody (to secure trial attendance, prevent tampering with evidence)

Exceptions to Bail

No bail for murder prosecutions unless reason to believe defendant won't
Examples of reasons for no bail (imprisonable offences): fail to surrender, commit offense on bail, interfere with witnesses, commit another indictable or triable either way offense while on bail

Progression in Criminal Cases

Prosecution
Examination
Cross-Examination
Re-examination
Defence

Court Jurisdictions – Magistrates' Court

Original jurisdiction only
Tries: Summary, Sentences, Trials of Triable Either Way Cases (Selected as summary)
Referrals: Transfer some cases to Crown Court for sentencing (limited powers), Sending Indict able or Triable Either Way cases to Crown Court

Who hears cases in the Magistrates' court?

Magistrates (2-3), District Judge
No jury

Sentencing Powers of the Magistrates

Limited sentencing powers:
Maximum six-month sentence for a single offense
12 months for multiple offenses
Community sentence (e.g., unpaid work)
Fine, combination of fine + community sentence

The Court Jurisdictions – Crown Court

Original and Appellate Jurisdiction
Tries: Indictable Offences, Triable either way cases, where they’ve been selected as indictable
Referrals: Defendants pleading guilty are sent from magistrates’ court for sentencing, Hearing appeals on summary offences

Who hears cases in the Crown Court?

Circuit Judge
High Court Judge (more serious cases e.g., Murder and Manslaughter)
Cases heard by judge and jury
Jury decides on facts and guilt; Judge sentences

Youth Courts

Defendants under 18 (10-17)
Special Magistrates Courts
Exceptions to Crown Court, Homicide, or offenses potentially leading to 14+ year imprisonment)
District Judge, No Jury
Less formal process; Accompanied by parent/guardian for under 16
Wide range of sentences available

The Appeal Structure

Summary and Indictment appeals
Who can Appeal?

Initial Appeal – Summary

Defendant can appeal from Magistrates to Crown Court (s.108(1) Magistrates' Courts Act 1980).
Appeal against sentence or conviction (or both: pleading not guilty). Appeal for just sentence with guilty plea.
No permission needed.
Appeal within 21 days; otherwise, permission from Crown Court is needed.
Appeal on sentence; not a full hearing but witnesses are called in the new summary trial
Appeals result in either confirmation, reversal, or variation of previous sentence (within Magistrate's powers)
Prosecution cannot appeal from Magistrates' Court to Crown Court

Initial Appeal – Summary (Further Details)

Quasi appellate jurisdiction of the Crown:
- The Criminal Review Commission considers reviews
- Section 11 of the Criminal Appeal Act 1995
Initial appeal from magistrates to High Court, another option that exists
s.111(1): Magistrates' Courts Act 1980: Acts beyond jurisdiction
Case stated- not retrial
Further appeal directly to Supreme Court

Initial Appeal – Indictment

Defendant can appeal conviction or sentence to the COA Criminal Division
Leave of the COA or trial court required, decision made by a single judge.
Application must be made within 28 days
Generally a 'case stated'; COA could grant a retrial if justice interests are involved

Initial Appeal – Indictment (Further Details)

Prosecution can appeal rulings that have the effect of terminating a trial
Criminal Justice Act 2003 is needed
Quasi Appellate Jurisdiction of the COA
s. 9 Criminal Appeal Act 1995 - Criminal Review Commission considers reviews
s. 36 Criminal Justice Act 1972 – reviewing acquittal on indictments
s. 36 Criminal Justice Act 1988 – AG refers lenient sentences of the Crown

Further Appeal

Summary and Indictment details (flows to respective higher courts. Leave needed)

Flowcharts

Various flowcharts detailing the criminal case progression through the courts.

Sentencing

Different sentence types: Discharge, Fine, Community sentence, Prison, Suspended sentence, Detention & Training Order, ancillary Orders

Which Sentence?

Factors affecting sentencing: seriousness of crime (e.g., burglary vs knife crime), circumstances, legal provisions
Impact on victim/harm, blameworthiness.
Criminal record, plea (early guilty plea). Mitigation (e.g., genuine remorse)

Sentencing Guidelines from COA and Sentencing Council

Guidelines for sentencing children and young people
Community and Custodial guidelines, guidelines regarding Robbery and Theft
Guidelines for Fraud, bribery, health & safety offenses, corporate manslaughter

Plea Bargaining

s.144 Criminal Justice Act 2003: Guidelines considered in determining sentences given plea of guilty
Sentencing Council Guidelines (as of March 7, 2017) for plea reductions
Aim of encouraging early guilty pleas: reduce impact on victims, save victim/witness time, reduce public costs

Reduction in Sentence (at different stages)

Reduction in available sentences

How Sentencing is Applied

Reducing sentence types: prison > community > fine
Reducing sentence length (at different stages) based on the plea, triable offenses, and criminal jurisdiction.

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Description

Test your knowledge on the criminal justice system, including trials, bail conditions, and types of offenses. This quiz covers essential concepts related to Crown Court procedures and magistrate court limitations. Perfect for students of criminal law or those interested in understanding legal terminology.