Introduction Flashcards

(29 cards)

1
Q

What type of offence is:

Simple criminal damage <£5,000?

Summary only, either-way, indictable only; maximum sentence

A

Summary only; 3 months imprisonment

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2
Q

What type of offence is:

Common assault/battery?

Summary only, either-way, indictable only; maximum sentence

A

Summary only; 6 months imprisonment

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3
Q

What type of offence is:

Robbery

Summary only, either-way, indictable only; maximum sentence

A

Indictable only; life imprisonment

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4
Q

What type of offence is:

Murder

Summary only, either-way, indictable only; maximum sentence

A

Indictable only; mandatory life imprisonment

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5
Q

What type of offence is:

s18 OAPA GBH (with intent)

Summary only, either-way, indictable only; maximum sentence

A

Indictable only; life imprisonment

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6
Q

What type of offence is:

Aggravated burglary/arson

Summary only, either-way, indictable only; maximum sentence

A

Indictable only; life imprisonment

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7
Q

What type of offence is:

Aggravated criminal damage

Summary only, either-way, indictable only; maximum sentence

A

Indictable only; 14 years imprisonment

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8
Q

What type of offence is:

Manslaughter

Summary only, either-way, indictable only; maximum sentence

A

Indictable only; life imprisonment

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9
Q

What type of offence is:

Fraud by false representation

Summary only, either-way, indictable only; maximum sentence

A

Either-way; 10 years imprisonment

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10
Q

What type of offence is:

Theft (>£200)

Summary only, either-way, indictable only; maximum sentence

A

Either-way; 7 years imprisonment

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11
Q

What type of offence is:

Theft (<£200)

Summary only, either-way, indictable only; maximum sentence

A

Summary; 6 months imprisonment

Low value shoplifting can, however, be sent to the CC

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12
Q

What type of offence is:

Burglary

Summary only, either-way, indictable only; maximum sentence

A

Either-way; 14 years imprisonment

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13
Q

What type of offence is:

ABH/s20 OAPA GBH (without intent)

Summary only, either-way, indictable only; maximum sentence

A

Either-way; 5 years imprisonment

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14
Q

What type of offence is:

Simple criminal damage (>£5,000), including simple arson

Summary only, either-way, indictable only; maximum sentence

A

Either-way; 10 years imprisonment

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15
Q

Minimum value of goods for Simple Criminal Damage to be

an either-way offence?

A

£5,000

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16
Q

Maximum value of goods for Simple Criminal Damage to be

a summary-only offence?

17
Q

If value of goods cannot be calculated for Simple Criminal Damage

is it assumed to be a summary or either-way offence?

A

Summary only (MC)

Unless D asks to be tried in the CC, then it is either-way

18
Q

Maximum value of goods for Theft to be

a summary-only offence?

19
Q

What is decided by the judge in the…

Magistrates’ Court?

Tribunal of fact vs tribunal of law

A

Tribunal of fact AND law

20
Q

What is decided by the judge in the…

Crown Court

Tribunal of fact vs tribunal of law

A

Tribunal of law

The jury is the tribunal of fact

21
Q

What is decided by the judge(s) in the…

Court of Appeal?

Tribunal of fact vs tribunal of law

A

Tribunal of fact AND law

22
Q

What is the definition of:

Written charge and requisition

A

A legal document that calls a person into court for a crime they are being charged for, usually because they were not arrested

This is only available to relevant prosecutors (eg CCP)

23
Q

MC maximum fine value?

24
Q

For what kind of offence can D not take a plea in the MC?

Summary, either-way, indictable only

A

Indictable only

25
In what situation can the MC give a sentence of more than 6 months?
When D is tried and found guilty of 2+ either-way offences in the MC
26
What is Rule 1 CrimPR?
Overriding objective
27
What is the overriding objective?
The duty for all parties to deal with cases justly
28
What is Rule 3 CrimPR?
Case management powers
29
Duty of disclosure vs confidentiality | Which has higher priority?
Duty of confidentiality | However, if you cannot perform duty of disclosure, you cannot represent