Deck 9: The Criminal Process: 2 The Prosecution

Question 1

In deciding whether or not to prosecute, the decision is upto the Crown Prosecution Service and the police need not be consulted

Answer 1

True

Question 2

What is the maximum sentence that can be imposed by a Magistrate for a summary offence?

A) 3 months
B) 6 months
C) 12 months
D) 18 months
E) 24 months

Answer 2

C
Explanation:The maximum sentence that a Magistrate can impose was increased by The Criminal Justice Act 2003 from 6 months to 12 months

Question 3

What are the benefits of plea bargaining?

A) A shorter sentence for the defendant
B) Financial savings made by shorter trials
C) Saves time for the police
D) It is in the interests of justice
E) Saves money for taxpayers

Answer 3

A,B,C,E
Explanation:There are many benefits of plea bargaining for the defendant, the courts, the police and taxpayers. However, the main criticism is that is is argued to be against the interests of justice

Question 4

Which of the following have been employed to allow for special arrangements for disabled and vulnerable witnesses to give evidence?

A) Using someone else as a speaker on the victims behalf
B) The use of screens
C) The giving of evidence by live television link
D) The use of pre-recorded video evidence
E) The abonding of formal court dress

Question 5

Which of the following is NOT frequently cited as justifications for punishment/sentencing?

A) Retribianary
B) Reductivism
C) Retribution
D) Deterrent
E) Reform and rehabilitation

Question 6

There are a number of criticisms of the current regulatory framework. Match the perspective to its meaning
-Opposition to the current arrangements â€" the civil liberties perspective

A)It is a cause for concern that, in the 1990s, of those dealt with summarily after being remanded in custody, about 50 per cent received non-custodial sentences and a further 25 per cent were acquitted
B)There are arguments that point to the numbers of people who commit offences while on bail

Question 7

There are a number of criticisms of the current regulatory framework. Match the perspective to its meaning
-Opposition to the current arrangements â€" the police/public perspective

A)It is a cause for concern that, in the 1990s, of those dealt with summarily after being remanded in custody, about 50 per cent received non-custodial sentences and a further 25 per cent were acquitted
B)There are arguments that point to the numbers of people who commit offences while on bail

Question 8

Match the following section of the Criminal Justice Act 2003 to the area which its regulates
-Section 4

A)Bail Elsewhere than at a Police Station
B)Grant and Conditions of Bail
C)Absconding by Persons Released on Bail
D)Offences Committed on Bail

Question 9

Match the following section of the Criminal Justice Act 2003 to the area which its regulates
-Section 13

A)Bail Elsewhere than at a Police Station
B)Grant and Conditions of Bail
C)Absconding by Persons Released on Bail
D)Offences Committed on Bail

Question 10

Match the following section of the Criminal Justice Act 2003 to the area which its regulates
-Section 14

A)Bail Elsewhere than at a Police Station
B)Grant and Conditions of Bail
C)Absconding by Persons Released on Bail
D)Offences Committed on Bail

Question 11

Match the following section of the Criminal Justice Act 2003 to the area which its regulates
-Section 15

A)Bail Elsewhere than at a Police Station
B)Grant and Conditions of Bail
C)Absconding by Persons Released on Bail
D)Offences Committed on Bail

Question 12

Why do you think that bail may not be granted to a defendant?

Question 13

Explain what is meant by the 'tariff system' in regards to sentencing

Question 14

What recommedations did the The Runciman Report make?

Question 15

Persons charged with an offence can be called to court by means of a ___, or by a charge followinf arrest without a warrant

Question 16

___ is the name given to negotiations between the prosecution and the defence lawyers over the outcome of a case

Question 17

In criminal cases the burden of proof is on the ___

Question 18

One of the final occurances in a trial at the Crown Court is the judge's ___ to the jury

Question 19

Which of the following Acts introduced statutory time limits to limit the length of time for which a person may be held in custody awaiting trial?

A) Prosecution and Time Limits Act 1972
B) Custody Regulations Act 1990
C) Prosecution of Offences Act 1985
D) Statutory Time Limits Act 1988
E) Criminal Justice Ac 2003

Question 20

The need for sentences to ensure that the punishments match the harm done and show society's disapproval of harm is commonly known as what?

A) Stare decisis
B) Just deserts
C) Simply fairness
D) Obiter dictum
E) Only justice

Question 21

Private prosecutions can never be brought in the criminal law, it is only the Crown Prosecution Service which brings proceedings

Question 22

If a defendant pleads guilty for a summary offence and the maximum penalty for their offence does not exceed three months, they do not need to attend court

Question 23

Judges are encouraged to play an active role in being involved in the plea bargaining proceedings

Question 24

The right to bail has been reduced in recent years

Question 25

The Criminal Justice Act 2003 created a presumption against bail for a drug and refuses treatment, unless there are exceptional circumstances

Question 26

What was the name of the prosecution service which was set up under The Prosecution of Offences Act 1985 and is now the national prosecution service for England and Wales?

A) The Crown Prosecution Service
B) The National Prosecution Service
C) The Criminal Cases Review Commission
D) The Royal Commission of Criminal Procedure
E) The Prosecution of Offenders Servic

Question 27

Who heads the Crown Prosecution Service (CPS)?

A) The Public Prosecutions Chief
B) The Director of Public Prosecutions
C) The Chief of Prosecutions
D) The Head of Public Prosecutions
E) The Criminal Prosecutions Director

Question 28

When the CPS receives a file, it reviews whether a prosecution should be brought on the basis of the criteria set out in which code?

A) Criminal Prosecutions Code
B) The Director of Public Prosecutions Code
C) Public Criminal Prosecutions Code
D) Code for Crown Prosecutors
E) The Criminal Code of the State

Question 29

What is the name given to the circumstance when a defendant is choosing to plead not guilty and the prosecution may offer to reduce the charge to a similar offence with a smaller maximum sentence, in return for the defendant pleading guilty?

A) Negotations
B) Mode of trial
C) Case management
D) Disclosure
E) Plea bargaining

Question 30

During the trial process, witness/es can be questioned by the defence, this is known as what?

A) Plea bargaining
B) Disclosure
C) Cross-examination
D) Examination-in-chief
E) Counter-questioning

Question 31

Which piece of legislation made it easier for disabled and vulnerable witnessess to give evidence?

A) The Youth Justice and Criminal Evidence Act 1999
B) The Criminal Justice Act 2003
C) The Equality Act 2006
D) The Crime and Disorder Act 1998
E) The Prosecution of Offences Act 1985

Question 32

The Criminal Justice Act has given the police the power to grant bail at the place of arrest. What is this more commonly known as?

A) Immediate bail
B) Police bail
C) Rapid bail
D) Street bail
E) Fast-track bail

Question 33

A person accused, convicted or under arrest for an offence may be granted ___ which means they are released under a duty to attend court or the police station at a given time