Unit 2 – Criminal Law Revision DON’T FORGET YOUR ASSESSMENT TODAY!!!

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Presentation transcript:

Unit 2 – Criminal Law Revision DON’T FORGET YOUR ASSESSMENT TODAY!!!

Outline the pre-trial procedure which would be followed if X were to be charged with Y. (5 marks) 1) If haven’t been told that they’ve been charged then start with charge or summons – CPS decide if enough evidence and what offence. 2) Bail – general rule under s.4 Bail Act Circumstances where will not be granted. Possible conditions. Police or Magistrates. Apply to scenario. 3) Duty Solicitor / legal representation 4) First appearance at Magistrates Court – Apply to scenario a) Summary – Plea & trial b) Triable either way – Plea before venue hearing to ask if guilty or not guilty. Mode of trial hearing to decide venue. c) Indictable – Preliminary hearing in Magistrates Court then transferred to Crown Court. 5) Crown Court (Indictable & some Triable either way) – Plea & case management hearing to determine witnesses, evidence, funding etc. Trial by jury

Outline the range of sentences available to X ( and explain the aims of sentencing / factors that would be considered ) 1) Outline of the range of sentences: a) Custodial (immediate or suspended; fixed term, mandatory life or discretionary life) b) Community orders(+ requirements under s.177 CJA 2003); c) Fines; d) Discharge (conditional or absolute). 2) Brief explanation of aims of sentencing: (s142 of CJA 2003) a) Punishment/retribution; b) Deterrence (general and individual) c) Reparation (repayment to victim or society) d) Rehabilitation e) Denunciation by society f) Protection of public 3) Factors considered: Aggravating factors e.g. seriousness (s.143 CJA 2003); racially motivated; vulnerability of victim; premeditated attack etc. Mitigating factors e.g. mental illness; no previous convictions; remorse

1) Discuss the criminal liability of Dan for pushing Carl. (7 marks) 2) Discuss the criminal liability of Dan for the injuries suffered by Enid. (7 marks)