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Criminal Procedure Overview and Court Structure
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Criminal Procedure Overview and Court Structure

Created by
@UndauntedMarimba

Questions and Answers

What is the overriding objective of the Criminal Procedure Rules?

  • To expedite all cases regardless of their nature.
  • To deal with cases justly, including acquitting the innocent. (correct)
  • To ensure that every offender receives a custodial sentence.
  • To prioritize the prosecution of serious offenses exclusively.

    • Which type of court handles all summary-only offenses?

  • High Court
  • Youth Court
  • Crown Court
  • Magistrate's Court (correct)

    • Who makes up the bench in the Youth Court?

  • Three lay Magistrates only.
  • Lay Magistrates trained to deal with youth cases. (correct)
  • Only District Judges with significant experience.
  • A High Court judge and two Magistrates.

    • What types of offenses does the Crown Court try?

    <p>All indicatable-only offenses and some either way.</p> Signup and view all the answers

    What must parties in a case do according to the overriding objective?

    <p>Act in a manner that does not hinder the court's efficiency.</p> Signup and view all the answers

    What role does the legal advisor play in the Magistrate's Court?

    <p>They assist Magistrates by providing legal guidance.</p> Signup and view all the answers

    Which statement about custodial sentences is correct?

    <p>They are punitive responses reserved for serious crimes.</p> Signup and view all the answers

    What must the court consider when furthering the overriding objective?

    <p>The complexity of the case and the gravity of the offense.</p> Signup and view all the answers

    What is one of the reasons for making an arrest under Section 24(5) PACE?

    <p>To enable the name/address of the arrestee to be ascertained</p> Signup and view all the answers

    Which of the following is NOT a reason for arrest according to Section 24(5) PACE?

    <p>Facilitating community service for the arrestee</p> Signup and view all the answers

    What element must police demonstrate in relation to the burden of proof for a lawful arrest?

    <p>The arrest was lawful</p> Signup and view all the answers

    Under what circumstances can a police officer issue a warrant?

    <p>If the offence is indictable or could involve a custodial sentence</p> Signup and view all the answers

    What must be recorded in the police constable’s notebook during an arrest?

    <p>All of the elements and anything the arrestee says</p> Signup and view all the answers

    Which condition does NOT require a police officer to obtain a warrant?

    <p>The offence is categorically minor</p> Signup and view all the answers

    What does PACE Code C state about subsequent evidence if certain standards are not met?

    <p>Subsequent evidence may not be admissible</p> Signup and view all the answers

    What is one of the requirements for a warrant as per the Magistrates Court Act 1980?

    <p>The suspect must be over 18 years of age</p> Signup and view all the answers

    What must be believed for a civilian to effect an arrest under PACE 1984?

    <p>A person is about to commit an indictable offence.</p> Signup and view all the answers

    Which factor is NOT considered when determining whether the use of force in an arrest was reasonable?

    <p>Time of day the arrest was made.</p> Signup and view all the answers

    In which circumstance can a warrant for arrest be issued by the Crown Court?

    <p>When an indictment has been signed but D has not yet been sent for trial.</p> Signup and view all the answers

    What does the caution imply when a suspect is arrested?

    <p>The suspect's silence may harm their defence if relied upon later.</p> Signup and view all the answers

    Which of the following reflects proper civilian power of arrest?

    <p>To prevent an anticipated breach of the peace.</p> Signup and view all the answers

    What may result from unreasonable use of force during an arrest?

    <p>Possible claims for trespass on the person.</p> Signup and view all the answers

    When is a caution required to be given to a suspect?

    <p>On arrest.</p> Signup and view all the answers

    Under what conditions may reasonable force be used during an arrest?

    <p>When the suspect is physically threatening.</p> Signup and view all the answers

    What is the maximum total detention time before the police must charge or release an individual?

    <p>96 hours</p> Signup and view all the answers

    When can a magistrate issue a second extension for detention?

    <p>After 36 hours</p> Signup and view all the answers

    What should happen if a magistrate believes that the application for extension could have been made earlier?

    <p>Reject the application</p> Signup and view all the answers

    How long can a police cell detain a child under s 136 of the Mental Health Act?

    <p>24 hours</p> Signup and view all the answers

    What is required if an individual is kept in custody beyond the initial detention time?

    <p>Approval from the magistrate</p> Signup and view all the answers

    In what circumstance can a police officer extend detention before reaching the first 36 hours?

    <p>As soon as the need becomes known</p> Signup and view all the answers

    What should happen if a mentally vulnerable person is to be detained?

    <p>They must be assessed and detained in a safe place</p> Signup and view all the answers

    What is the consequence if new evidence becomes available after a suspect has been bailed?

    <p>The original detention time resets</p> Signup and view all the answers

    What is the primary role of the Court of Appeal?

    <p>To hear appeals from the Crown Court</p> Signup and view all the answers

    Which court has limited supervisory authority over the Magistrate’s and Youth Courts?

    <p>High Court</p> Signup and view all the answers

    Which type of offence would be categorized as 'Indictable Only'?

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

    What is one characteristic of summary offences?

    <p>They include minor driving offences</p> Signup and view all the answers

    Which of the following offences is classified as 'Either Way'?

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

    What is a defining feature of the Supreme Court's jurisdiction?

    <p>Hears appeals on points of law of general public importance only</p> Signup and view all the answers

    In the classification of offences, which of the following is NOT 'summary only'?

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

    What does a designated official at the Magistrates' Court assess when considering a representation order?

    <p>A two-stage test regarding the merits of the case</p> Signup and view all the answers

    Study Notes

    Criminal Procedure Overview

    • The overriding objective centers on administering justice by acquitting the innocent and convicting the guilty, emphasizing efficiency in case handling.
    • Courts must act in accordance with this objective, utilizing case management powers effectively.

    Court Structure

    • Magistrate’s Court: Handles summary-only and some either-way offences; features either lay magistrates with a legal advisor or a District Judge, serves as a tribunal of law and fact.
    • Youth Court: Specialized for offenders under 18, utilizing trained magistrates from the Magistrate’s Court.
    • Crown Court: Deals with indictable-only offences and some either-way cases, presided over by a High Court judge, Circuit judge, or Recorder; functions primarily as a tribunal of law with a jury as the fact-finder.
    • High Court: Provides limited supervision of the Magistrate’s and Youth Courts, primarily handling judicial reviews.
    • Court of Appeal: Functions exclusively as an appellate court examining appeals from the Crown Court with the permission of the court.
    • Supreme Court: Addresses appeals from the Court of Appeal involving significant legal issues of public importance.

    Offence Categories

    • Summary Only Offences: Includes common assault, criminal damage (≤£5K), and minor driving offences.
    • Either Way Offences: Examples include theft, burglary, fraud, sexual assault, and various drug-related charges.
    • Indictable Only Offences: Comprises serious crimes such as robbery, rape, and wounding with intent.

    Public Funding for Representation

    • Representation orders are granted after a two-stage test by designated officials at the Magistrates.
    • Arrests require specification of reasons, including public safety, investigation efficacy, and effectiveness in preventing further offences.

    Arrest Protocols

    • Police must demonstrate that an arrest was lawful, particularly when a warrant is involved.
    • Civilian powers allow arrest for anticipatory indictable offences or to prevent breaches of peace.
    • Reasonable force is permitted, but excessive force may lead to claims of trespass without invalidating the arrest itself.

    Cautioning Procedure

    • Individuals are informed of their right to remain silent and the implications of statements made during questioning.
    • Cautions must be issued upon arrest and during investigations to ensure compliance with PACE Code C.
    • Holding periods for detainees can extend, but the original timeline must be adhered to; extensions beyond 36 hours require a Magistrate’s approval.

    Vulnerable Persons Handling

    • Children and mentally vulnerable individuals may be placed in a 'place of safety' under specific provisions of the Mental Health Act.
    • Police cells are deemed inappropriate for child detainees' safety and well-being.

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    Description

    This quiz provides an overview of criminal procedure, emphasizing the importance of justice, case management, and the structure of various courts. You'll learn about the roles and functions of the Magistrate's Court, Youth Court, Crown Court, High Court, and Court of Appeal. Test your understanding of how these courts operate within the criminal justice system.

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