English Legal system

• What is the term used for the person who brings a case against someone in a criminal court?

  Prosecution
• What is the standard of proof required in criminal cases?

  Beyond reasonable doubt
• What does the burden of proof refer to in a criminal case?

  The burden is on the prosecution to prove the defendant's guilt
• What is the outcome if a defendant is found guilty?

  They will face punishment or sentencing
• What are the two main types of courts in the criminal justice system?

  Magistrates Court and Crown Court
• What is the role of a jury in a criminal trial?

  To determine the guilt or innocence of the defendant
• What does "on a balance of probabilities" mean in civil cases?

  The burden is on the claimant to prove their case
• What are the three categories of criminal offences?

  Summary offences, triable either way offences, and indictable offences
• What are summary offences?

  Minor offences tried only in magistrates court
• What is the maximum sentence for summary offences?

  6 months imprisonment and/or a fine
• What are triable either way offences?

  Offences that can be tried in either magistrates or Crown Court
• What are indictable offences?

  Serious offences that must be tried in Crown Court
• What is the range of sentences for indictable offences?

  From community service to life imprisonment
• What is the role of the Crown Prosecution Service (CPS)?

  To prosecute in criminal cases
• What was the role of the police before 1986 regarding prosecutions?

  The police handled case prosecutions
• What led to the establishment of the CPS?

  Concerns about police bias and miscarriages of justice
• What is the maximum time police can hold a suspect without charge for terrorism offences?

  Up to 14 days
• What is the public interest test in prosecution decisions?

  It considers whether to prosecute based on the seriousness of the case
• What is the maximum custody time limit for a suspect before they must be charged?

  96 hours
• What happens if a suspect is not charged within the custody time limit?

  They must be released
• What are some problems faced by the criminal justice system?

  Understaffing and backlog of cases
• What is the purpose of a pre-sentence report?

  To provide information to the court before sentencing
• What is the significance of the Woolmington v DPP case?

  It established the principle that a person is innocent until proven guilty
• What is the role of the Cases Review Commission?

  To investigate miscarriages of justice
• What can lead to an appeal in a criminal case?

  New evidence or a point of law
• What is the role of the judge in a criminal trial?

  To oversee the trial and ensure the law is followed
• What is the significance of the Royal Commission on Criminal Procedure?

  It led to reforms in the criminal justice system
• What is the maximum sentence for a summary offence?

  6 months imprisonment
• What are the key components of the criminal court system?

  • Criminal courts handle cases involving crimes against the state.
  • The prosecution must prove guilt beyond reasonable doubt.
  • The defendant is presumed innocent until proven guilty.
  • Different types of offences: summary, triable either way, and indictable.
• What are the stages of a criminal trial?

  1. Pre-trial procedures
  2. Plea before venue
  3. Plea and trial preparation hearing
  4. Trial
  5. Sentencing
  6. Appeals
• What are the roles of the Crown Prosecution Service (CPS)?

  • Prosecutes criminal cases independently.
  • Handles charging decisions.
  • Conducts prosecutions in magistrates and Crown Court.
  • Aims to reduce miscarriages of justice.
• What are the implications of the public interest test in prosecution decisions?

  • Evaluates the seriousness of the offence.
  • Considers the circumstances and harm caused.
  • Assesses community impact.
  • Determines whether to proceed with prosecution.
• What are the key issues affecting the criminal justice system?

  • Understaffing and resource shortages.
  • Backlog of cases leading to delays.
  • Miscarriages of justice due to procedural errors.
  • Need for reforms to improve efficiency.