English Legal System: Non-Substantive Criminal Law and Legal Method

Comprehensive practice flashcards covering non-substantive criminal law and the English legal system, including statutory interpretation, judicial precedent, court hierarchy, criminal procedure, appeals, sentencing aims, legal personnel, the judiciary, and legal funding.

What problem with language in statutory interpretation is demonstrated by the Dangerous Dogs Act 1991?

A broad term, specifically what the word "type" refers to in the phrase "any dog of the 'type' known as the pit bull terrier".

In statutory interpretation, how is ambiguity defined as a problem with language?

Ambiguity occurs when words have more than one meaning.

Which case illustrates changes in the use of language over time regarding the word "passenger"?

Cheeseman v DPP.

What problem with language arose in the case of Royal College of Nursing v DHSS?

New developments, specifically regarding the development of a new abortion pill.

What drafting error exists between Section 20 and Section 18 of the Offences Against the Person Act 1861?

The actus reus of Section 20 uses "inflicts" while Section 18 uses "causes", even though the actus reus is the same.

What are intrinsic aids in statutory interpretation?

Aids found inside the statute itself.

What are extrinsic aids in statutory interpretation?

Aids found outside the statute.

What is a preamble in an Act of Parliament?

A summary of what the statute is about located after the title.

Which five intrinsic aids found inside a statute are listed in the notes?

Long title, short title, preamble, interpretation section, and margin notes.

Which five extrinsic aids found outside a statute are listed in the notes?

Previous Acts of Parliament, dictionary of the time, historical setting/earlier case law, Hansard, and Law Reform reports.

In Cheeseman v DPP, which extrinsic aid was used to discover the meaning of the word "passenger"?

A dictionary of the time.

What is Hansard in the context of extrinsic aids?

A record of what was said in Parliament when the law was debated.

Which case ended the previous ban on using Hansard in statutory interpretation?

Pepper v Hart.

Who publishes the Law Reform reports that can be used as extrinsic aids?

The Law Commission.

What is the literal rule of statutory interpretation?

Giving words their plain, ordinary dictionary meaning.

Which case is cited as an example of the literal rule of statutory interpretation?

Whiteley v Chappell.

What is the advantage of using the literal rule of statutory interpretation?

It follows the words of Parliament and prevents unelected judges from making the law.

What is the main disadvantage of the literal rule of statutory interpretation?

Not all statutes are drafted well, leading to absurd outcomes.

What is the golden rule of statutory interpretation?

A modification of the literal rule used to avoid an absurd outcome.

What are the two interpretations or approaches under the golden rule?

The narrow approach and the wider approach.

How does the court apply the narrow approach of the golden rule?

By looking to additional meanings of the words in the dictionary.

Which case illustrates the narrow approach of the golden rule?

Adler v George.

Why is the wider approach of the golden rule applied by a court?

To avoid a repugnant situation.

Which case illustrates the wider approach of the golden rule?

Re Sigsworth.

What is the advantage of using the golden rule of statutory interpretation?

It follows the words of Parliament and avoids absurd outcomes.

What is the disadvantage of using the golden rule of statutory interpretation?

It is unclear when the rule will apply.

What is the mischief rule of statutory interpretation?

Discovering the "mischief" the law was made to cover and filling the gap in the present law.

Which case is cited as an example of the mischief rule?

Smith v Hughes.

What is the main advantage of the mischief rule?

It looks at why the statute was created and fills the "gap" in the law.

What is the main disadvantage of the mischief rule?

It is difficult to find Parliament's intention, creating a risk of unelected judges making law.

What is the purposive approach to statutory interpretation?

The court discovers Parliament's intention and the purpose of the law.

Which case illustrates the purposive approach of statutory interpretation?

Reg-Gen, ex parte Smth.

What is the advantage of using the purposive approach?

It allows for new developments in the law and avoids unfair decisions.

What is the disadvantage of using the purposive approach?

It is difficult to find Parliament's intention, creating a risk of unelected judges making law.

What is the highest court in the English criminal court hierarchy?

UK Supreme Court.

What is the lowest court in the English criminal court hierarchy?

Magistrates' Court.

What are all five levels of the English criminal court hierarchy in order from highest to lowest?

UK Supreme Court, Court of Appeal (Criminal Division), High Court, Crown Court, and Magistrates' Court.

What is the rule regarding binding precedent across the criminal court hierarchy?

Binding precedent is set by higher courts and must be followed by the court that made it and those below.

What is the exception to binding precedent in the Crown Court?

Crown Court judges leave the jury to decide the verdict.

What does the Latin legal doctrine "stare decisis" mean?

Stand by what has been established and do not unsettle the established.

What is the ratio decidendi of a case?

The legal reason for the decision, which creates binding precedent.

What does obiter dicta mean?

Other things said in passing, which are not binding.

What is an original precedent?

A decision made for the first time, which creates binding precedent.

How can the UK Supreme Court avoid following its own past decisions?

By using the Practice Statement since $1966$.

What standard is set by the 1966 Practice Statement for the UK Supreme Court to depart from precedent?

"To depart from previous precedent when it appears right to do so."

What was the first significant use of the Practice Statement in criminal law?

Shivpuri.

Which case sets out the three situations where the Court of Appeal (Criminal Division) can avoid its own past decisions?

Young v Bristol Aeroplane.

What is the first situation under Young v Bristol Aeroplane allowing the Court of Appeal to avoid its own precedent?

Where an earlier decision is inconsistent with a UK Supreme Court decision.

What is the second situation under Young v Bristol Aeroplane allowing the Court of Appeal to avoid its own precedent?

Where there are conflicting Court of Appeal decisions, allowing the court to pick one.

What is the third situation under Young v Bristol Aeroplane allowing the Court of Appeal to avoid its own precedent?

Where a previous decision was made per incuriam (in error).

What is persuasive precedent?

A decision that is not binding, but which the court can choose to follow.

Which case illustrates a court higher in the hierarchy choosing to follow a decision made by a lower court?

R v R.

Why are decisions of the Judicial Committee of the Privy Council not binding on UK courts?

They are not part of the UK hierarchy, even though the committee contains UK Supreme Court judges.

Which cases illustrate obiter dicta being treated as persuasive precedent?

Howe and Gotts.

What is a dissenting judgment?

A judgment where at least one judge disagrees with the outcome, making it a majority decision.

Which case is cited as an example involving a dissenting judgment?

Radmacher.

What does "following" mean in the context of judicial precedent?

A court decides to follow the decision of a court lower in the hierarchy (or a prior decision).

What does "overruling" mean in judicial precedent?

A court decides the previous precedent is wrong, meaning a higher court overrules a decision made by a lower court.

In Barton and Booth, which previous Court of Appeal decision was overruled by the UK Supreme Court?

Ghosh.

What does "distinguishing" mean in judicial precedent?

A court decides the facts in the current case are materially different from the previous precedent and chooses not to follow it.

Which two cases illustrate distinguishing in relation to the duress defence?

Shepherd was distinguished from Sharp.

What advantage of precedent relates to people knowing what the law is and the likely outcome?

Certainty.

What advantage of precedent ensures that cases are decided like for like?

Consistency and fairness.

What disadvantage of precedent arises because lower courts must follow higher courts even if the precedent is bad?

Rigidity.

What disadvantage of precedent arises because having so many cases makes it hard to discover the ratio decidendi?

Complexity.

What is a summary offence?

The least serious offence, heard in the Magistrates' Court.

What example of a summary offence is given in the notes?

Common assault.

What is a triable-either-way (TEW) offence?

A middle-range offence heard in either the Magistrates' Court or the Crown Court.

What example of a triable-either-way offence is given in the notes?

Theft.

What is an indictable offence?

The most serious offence, heard in the Crown Court.

What example of an indictable offence is given in the notes?

Murder.

What hearing takes place first for a triable-either-way offence if the defendant pleads guilty?

A plea before venue hearing.

What procedural hearing occurs for a triable-either-way offence to determine which court will hear the trial?

A mode of trial hearing.

What choice does the defendant have at a mode of trial hearing?

The defendant chooses the Magistrates' Court or Crown Court for trial, provided the court has sentencing power.

How many magistrates hear case evidence and decide the verdict in the Magistrates' Court?

Three magistrates sit collectively on a bench.

Approximately what percentage of all criminal offences are dealt with by the Magistrates' Court?

Around $95\%$.

Which court conducts preliminary hearings for all criminal cases (summary, TEW, and indictable)?

Magistrates' Court.

Who hears trials and decides the verdict in the Crown Court?

The case is heard by a judge and jury, and only the jury decides the verdict.

Approximately what percentage of criminal cases result in a jury trial?

Only around $1\%$.

Which categories of offences are tried in the Crown Court?

All indictable offences and some triable-either-way (TEW) offences.

Under Appeal Route One (Trial in Magistrates' Court to Crown Court), who has the right to appeal?

The defence only (automatic right).

Who hears an appeal in the Crown Court under Appeal Route One?

A Circuit judge or Recorder judge plus two lay magistrates.

Under Appeal Route One, against what can the defence appeal if they pleaded not guilty?

Against conviction and sentence.

Under Appeal Route One, against what can the defence appeal if they pleaded guilty?

Only against sentence.

What are the three possible outcomes of an appeal under Appeal Route One?

Quash, confirm, or send back to the Magistrates' Court to do this.

What is Appeal Route Two for cases originating in the Magistrates' Court?

An appeal to the High Court (King's Bench Division).

What is a case stated appeal?

An appeal on a point of law and not the facts of the case heard at trial.

Who sits to hear an appeal in the High Court (King's Bench Division) under Route Two?

Two to three High Court judges, possibly alongside a Court of Appeal judge.

Under Appeal Route Two, what can the prosecution appeal against in the High Court?

Against the defendant's acquittal.

Under Appeal Route Two, against what can the defence appeal if they pleaded guilty in the Magistrates' Court?

Only against sentence.

Where can the defence or prosecution appeal from the High Court under Route Two?

To the UK Supreme Court (UKSC) on a point of law of general public importance.

What are the possible results of an appeal under Appeal Route Two?

Quash, confirm, or send back to the Magistrates' Court to do this.

What is the appeal route for a trial heard in the Crown Court?

Appeal to the Court of Appeal (Criminal Division).

What must the defence obtain from the court before appealing from the Crown Court to the Court of Appeal?

Leave to appeal (i.e. permission).

If a defendant pleaded guilty in the Crown Court, what can they appeal to the Court of Appeal?

Only against sentence.

On what five grounds can the prosecution appeal from the Crown Court to the Court of Appeal?

Against a judge's ruling, defendant's acquittal if the jury was nobbled, new evidence (limited to some offences), a point of law, or if the sentence was too lenient.

Under what condition regarding the jury can the prosecution appeal an acquittal from the Crown Court?

If the jury was nobbled.

Where can either the defence or prosecution appeal from the Court of Appeal (Criminal Division)?

To the UK Supreme Court (UKSC) on a point of law of general public importance.

What are the two possible outcomes of an appeal before the Court of Appeal under Route Three?

Quash or confirm the appeal.

Can the prosecution appeal a trial verdict under Appeal Route One to the Crown Court?

No, Route One is for defence only.