Criminal Courts and Lay People

The flashcards below were created by user itzzryan212 on FreezingBlue Flashcards.

  1. Who sets down the criminal law?
    The State
  2. What is the role of the courts if D pleads not guilty?
    The courts have to try the case and decide if D is either guilty or not guilty
  3. Who is the burden of proof upon during a criminal trial?
    the prosecution
  4. Which courts hear criminal trials?
    • Magistrates' Court (before 3 lay magistrates)
    • Crown Court (before judge and jury)
  5. What are the two different appeal routes from the Magistrates' Court?
    • to the Crown Court against conviction and/or sentence. The Crown Court can confirm, reverse or vary the conviction; they can confirm the sentence or increase or decrease it.
    • to the Queen's Bench Divisional Court (QBDC) where the appeal court will decide on whether or not the magistrates have made the correct decision on the law. This is known as a case stated appeal. The QBDC can confirm, vary or reverse the decision or remit (send back) the case to the Magistrates' Court to implement the decision on the law. From the decision of the QBDC there is a possibility of further appeal to the Supreme Court.
  6. What is a case stated appeal to the Queen's Bench Divisional Court to the Magistrates?
    A case stated appeal from the QBDC to the Magistrates' Court is when the Magistrates' Court ask the QBDC if they have made the correct decision following the conviction of the defendant.
  7. What can the Crown Court do when a case is appealed to them?
    • confirm, reverse or vary the conviction
    • confirm the sentence or increase or decrease it
  8. What can the Queen's Bench Divisional Court do when a case is appealed to them?
    confirm, vary or reverse the decision or remit (send back) the case to the Magistrates' Court to implement the decision on the law
  9. Where can a case be appealed to from the Queen's Bench Divisional Court?
    Supreme Court
  10. Where can a case be appealed to from the Crown Court?
    From the Crown Court, D has the possibility of appealing against conviction and/or sentence to the Court of Appeal (criminal division)
  11. What can the Court of Appeal do when a case is appealed to them?
    • they can allow the appeal and quash the conviction, alternatively they can vary the conviction to that of a lesser offence
    • they can order a retrial or dismiss the appeal
  12. Who can appeal to the Supreme Court?
    Both the prosecution and the defence can appeal to the Supreme Court, but the case must involve a point of law of general public importance and permission to appeal is needed
  13. What court deals with summary offences?
    Magistrates' Court
  14. What types of case are dealt with in the Magistrates' Court?
    • summary offences
    • either way offences
  15. What court deals with indictable offences?
    Crown Court
  16. What types of cases does the Crown Court hear?
    • indictable offences
    • either way offences
  17. Which courts hear either way offences?
    • Crown Court
    • Magistrates' Court
Author
ID
317633
Card Set
Criminal Courts and Lay People
Description
aqa law criminal courts and lay people
Updated
Show Answers