Criminal Justice System and Procedure Flashcards

A complete set of vocabulary-style flashcards covering the aims, values, court structures, offence classifications, and police procedures within the England and Wales criminal justice system.

Internal Values

Values that guide the criminal process across all systems, including accurate determinations of guilt, fair procedures, and respect for human rights and human dignity.

External Values

Jurisdiction-specific factors such as the use of lay fact-finders (juries), adversarial procedure, and evidentiary rules that prioritise fairness over pure fact-finding.

Crown Prosecution Service (CPS)

The body responsible for prosecuting individuals charged with criminal offences and deciding whether a suspect should be charged after the police complete an investigation.

Legal Adviser (Clerk)

A professional who advises magistrates on matters of law, practice, and procedure, but is prohibited from advising on questions of fact.

Summary Offences

Less serious offences, such as speeding or petty theft, that are dealt with in the magistrates’ court and carry a maximum custodial sentence of $6\,months$.

Either-way Offences

Offences such as GBH, burglary, and fraud that may be dealt with summarily in the magistrates’ court or on indictment in the Crown Court.

Indictable-only Offences

The most serious criminal offences, such as murder, rape, and robbery, which must be dealt with by the Crown Court.

Criminal Damage Exception

An either-way offence that is treated as a summary offence if the value of damage is under $\pounds 5,000$, unless caused by fire or involving a memorial.

Section 22A Magistrates’ Court Act 1980

A statute making shop theft of goods worth $\pounds 200$ or less a summary-only offence, while preserving the defendant's right to elect a Crown Court trial.

Vicarious Liability

The legal principle where the chief officer of a police force is held responsible for the actions of their officers during civil proceedings.

Section 78 of PACE

A provision allowing the court discretion to exclude evidence if its admission would have an adverse effect on the fairness of the proceedings.

R v Keenan [1990]

A case establishing that a breach of PACE must be "significant and substantial" and usually requires a causal link to the resulting evidence for exclusion.

PACE Code D

The code of practice governing formal identification procedures used when a witness may be able to identify a perpetrator.

R v Forbes (2001)

A House of Lords ruling stating that formal identification procedures are mandatory once a suspect is known and disputes identification, making "street identifications" alone insufficient.

R v Gorja; R v Dhir (2011)

A case holding that police have a positive obligation to conduct an identification procedure when a witness is able to identify a suspect.

H v DPP [2003]

A case where a formal identification procedure was deemed to serve "no useful purpose" because the victim had known the aggressor for $18\,months$.

HC (by CC) v Home Secretary [2013]

The case that ruled treating $17\,year-olds$ as adults in police stations was unlawful, leading to the amendment of PACE to include them as juveniles.

Appropriate Adult

A parent, guardian, social worker, or responsible adult required under Code C to be present during key stages of a juvenile's detention to advise them and ensure fairness.

Standard Detention Limit

The typical maximum period a suspect can be held before charge, which is $24\,hours$, potentially increasing to $96\,hours$ in exceptional circumstances.

Terrorism Act 2000

Legislation that provides its own codes of practice for suspects who pose a threat to national security, allowing for significantly longer detention periods.