Criminal Law Classification and Court Procedures

These flashcards cover key concepts regarding the classification of offences, court procedures, the roles of magistrates, jury selection, and sentencing in the UK criminal justice system.

What are the three categories of criminal offences in the UK?

Summary offences, triable-either-way (TEW) offences, and indictable offences.

What is a summary offence?

The least serious offences heard only in the Magistrates' Court, such as assault, battery, and shoplifting under £200.

How long is the maximum custodial sentence for summary offences?

6 months imprisonment.

What are triable-either-way offences?

Offences that can be tried in either the Magistrates' Court or the Crown Court, such as theft and ABH.

What is the process called where a defendant pleads guilty or not guilty before venue?

Plea before venue.

What happens if a defendant pleads not guilty in a triable-either-way offence?

The magistrates hold a mode of trial hearing to decide if they have jurisdiction.

What are indictable offences?

The most serious crimes that can only be tried in the Crown Court, such as murder and rape.

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

To decide questions of fact and deliver a verdict of guilty or not guilty.

What is the function of the Magistrates' Court?

To handle the majority of criminal cases including summary offences and preliminary hearings for serious cases.

What are the main aims of sentencing according to the Sentencing Act 2020?

Punishment, reduction of crime, reform and rehabilitation, protection of the public, and making reparation.

What types of sentences can be imposed on adult offenders?

Custodial, community sentences, fines, and discharges.

What is a custodial sentence?

A prison sentence imposed when a person is convicted of a serious crime.

What is a community order?

A sentence that mixes various requirements aimed at rehabilitating offenders.

What is a minimum sentence?

The least amount of time that must be imposed for certain serious offences.

What are aggravating factors in sentencing?

Circumstances that increase the seriousness of an offence, leading to a harsher sentence.

What are mitigating factors in sentencing?

Circumstances that reduce the seriousness of an offence, leading to a more lenient sentence.

What is the process of appealing a conviction from a Magistrates' Court?

A defendant can appeal to the Crown Court, and potentially to the King's Bench Divisional Court.

What qualifications must a person meet to serve as a lay magistrate?

Must be aged 18-74, reside in the local justice area, and be prepared to sit at least 26 half days per year.

What is the process of selecting a jury in the UK?

Jurors are randomly selected from the electoral register and summoned to attend court.

What challenges can be made against jurors during selection?

Challenge to the array, challenge for cause, and the right of stand-by.

What does a jury do during deliberation?

Discuss the case in secrecy to reach a unanimous or majority verdict.

What happens if a jury cannot reach a verdict?

The jury is dismissed and a new jury is selected to try the case again.