Deck 7: The Criminal Courts

Question 1

The criminal law regulates disputes between individuals

Answer 1

False

Question 2

Which of the following statements about the criminal law are TRUE?

A) The aims are to enforce standards of behaviour, protect, punish and rehabilitate
B) Sentences include imprisonment and community service
C) The standard of proof is balance of probabilities
D) All cases start in the Crown Court
E) The criminal law allows the State to regulate the behaviour of citizens

Answer 2

A,B,E
Explanation:The aims are to enforce standards of behaviour, protect, punish and rehabilitate, sentences include imprisonment and community service, the criminal law allows the State to regulate the behaviour of citizens and the standard of proof is beyond reasonable doubt

Question 3

Why may a defendant decide to plead 'guilty'?

A) It opens up the opportunity for the Defendant to plea bargain.
B) The Defendant may be deemed to show remorse
C) The defendants sentence will automatically be reduced up at least 40%
D) It means the defendant is more likely to receieve a community sentence and less likely to serve imprisonment
E) It saves court time and also the time of witnesses having to testify

Answer 3

A,B,E
Explanation:A defendant may decide to plead 'guilty' for a number of reasons: It opens up the opportunity for the Defendant to plea bargain, the Defendant may be deemed to show remorse and it saves court time and also the time of witnesses having to testify.

Question 4

Which of the following are requirements that a person has to fulfil in order for them to become a Magistrate?

A) Magistrates should have at least a 2:1 degree in an academic subject
B) Magistrates should have previously been a qualified solicitor or barrister
C) Magistrates must be of good character
D) Magistrates must live or work in the area
E) Magistrates need to have good knowledge of the local community

Question 5

Match up the court to the types of cases which it hears
-Coroners Court

A)Hears all trials for indicable offences and some triable either way offences
B)Hears criminal appeals on a point of law sent up from lower courts
C)Hears appeals and is the final court of appeal in the UK
D)Deals with unnatural and violent deaths, (although treasure trove is also something occasionally dealt with)

Question 6

Match up the court to the types of cases which it hears
-Crown Court

A)Hears all trials for indicable offences and some triable either way offences
B)Hears criminal appeals on a point of law sent up from lower courts
C)Hears appeals and is the final court of appeal in the UK
D)Deals with unnatural and violent deaths, (although treasure trove is also something occasionally dealt with)

Question 7

Match up the court to the types of cases which it hears
-The High Court (Queen's Bench Division)

A)Hears all trials for indicable offences and some triable either way offences
B)Hears criminal appeals on a point of law sent up from lower courts
C)Hears appeals and is the final court of appeal in the UK
D)Deals with unnatural and violent deaths, (although treasure trove is also something occasionally dealt with)

Question 8

Match up the court to the types of cases which it hears
-Supreme Court

A)Hears all trials for indicable offences and some triable either way offences
B)Hears criminal appeals on a point of law sent up from lower courts
C)Hears appeals and is the final court of appeal in the UK
D)Deals with unnatural and violent deaths, (although treasure trove is also something occasionally dealt with)

Question 9

What types of criminal cases does the Magistrates Court deal with?

Question 10

Consider the role of the judge in criminal cases

Question 11

In what types of circumstances would a death have to occur for it to be heard by the Coroners Court?

Question 12

In the Magistrates' Court, majority of Magistrates are "lay Magistrates" but increasingly the system uses ___

Question 13

The ___ of Crown Court are much more extensive than the Magistrates' Court

Question 14

The law imposes a burden of proof on one side (the prosecution) to a required standard, which is ___

Question 15

An appeal against conviction or sentence lies to the ___

Question 16

Magistrates are appointed by the ___ on recommendation from a Local Advisory Committee

Question 17

Which of the following cases is an infamour miscarriage of justice case known as the 'Birmingham Six' case where six men were convicted to life imprisonment for planting bombs in 1975?

A) R v. Rowe Davis and Johnson (2000)
B) Wiggan (1999)
C) Rv Hanratty (Deceased) (2002)
D) R v Cannings (2003)
E) R v McIlkenny & Ors (1991)

Question 18

What is the name of the training scheme which Magistrates have to take?

A) Magistrates Training Award
B) Magistrates Award for Competency
C) Magistrates National Training Initiative
D) National Training Scheme for Magistrates
E) Magistrates Qualification and Traning Scheme

Question 19

Approximately how many appeals against conviction based on the jury's finding of fact succeed in the Court of Appeal?

A) 0.015
B) 0.055
C) 0.078
D) 0.09
E) 0.125

Question 20

The main contrast between the Magistrates' Court and Crown Court in operation is that the magistrates are judges of both law and fact

Question 21

There is no difference in the burden of proof or standard of proof between the Magistrates' Court and the Crown Court

Question 22

The Crown Court tries a number of summary cases

Question 23

Majority verdicts are not allowed in the Crown Court

Question 24

Lay Magistrates work are unpaid

Question 25

Apart from about 80 or so qualified magistrates, all the people who sit to hear cases in the Magistrates Courts are ordinary, non-legally qualified people

Question 26

There are a high number of appeals against Magistrates decisions

Question 27

Lay JPs or Magistrates tend to sit in groups of how many?

A) 1
B) 3
C) 4
D) 5
E) 7

Question 28

What is the name given to the individual who is always present in the Magistrates Court and who advises on law generally but does not play any part in the decision making process?

A) Court Legal Adviser
B) Court Qualified Lawyer
C) Court Layperson
D) Legal Consultor
E) Court and Legal Assistant

Question 29

Approximately what percentage of all offences are completed within the Magistrates' Court?

A) 0.55
B) 0.67
C) 0.78
D) 0.82
E) 0.98

Question 30

An appeal on a point of law or a procedural irregularity (a 'case stated' appeal) lies to which court?

A) Crown Court
B) Magistrates Court
C) Court of Appeal
D) Divisional Court of the High Court
E) Supreme Court

Question 31

What is the name of the Commission which has the power to refer cases to the Court of Appeal where a serious miscarriage of justice has been shown to have occurred?

A) Criminal Justice Commission
B) Miscarriage of Justice Commission
C) Criminal Cases Review Commission
D) Criminal Cases Justice Commission
E) Equality and Fairness Commission

Question 32

An appeal against conviction or sentence lies to the Court of Appeal ___, but, in general, permission to appeal is required