NCTJ Court Reporting Exam With Verified Solutions[A
comprehensive study set testing knowledge of the NCTJ Court
Reporting module, comprising legal definitions, Section 52A,
Contempt of Court, reporting restrictions, open justice, and
coroner's courts. When using these flashcards, write answers on
piece of paper to ensure effective marking.]
Three types of criminal case
Summary, either way and indictable-only
Summary case
A minor offence dealt within the Magistrates' Court. No right to a jury trial.
Either-way
Depending on severity, an offence that can be dealt with in either Magistrates' Court or Crown Court.
Defendant can choose trial by Crown Court
Indictable-only
The most severe crimes. Processed at Magistrates' Court, but not dealt with there. Must be tried in
the Crown Court, e.g. murder, manslaughter, rap etc.
Theft
Dishonest appropriation of property belonging to another with the intention of permanently
depriving the other of it. (Theft Act 1968). Either-way.
Taking a vehicle without consent (TWOC-ing)
Covers conduct known as 'joy-riding' in which offenders abandon a car after using it. Does not involve
intention to permanently deprive - so is not theft. Summary offence
Handling
Dishonestly receiving goods, knowing or believing them to be stolen, or dishonestly helping in the
retention, removal or sale of such goods. Either-way.
Burglary
Entering a building as a trespasser and then: stealing or attempting to steal from its pr inflicting or
attempting to inflict grievous bodily harm to anyone in it. Either-way generally, but can be indictable-
only.
Aggravated burglary
Burglary while armed with a firearm, imitation firearm, or any other weapon or explosive. Indictable-
only.
Robbery
Theft by force or by threat of force (indictable only)
Blackmail
,Making an unwarranted demand with menaces with a view to gain, e.g. a threat to disclose
embarrassing secrets involving victim unless money is paid. Indictable only.
Fraud
General offences, defined as conduct 'with a view to gain or with intent to cause loss or expose to a
risk of loss'. Statutory fraud offences are either-way but if deemed of sufficient severity, then
indictable-only.
Wasting police time
An offence committed by someone who causes wasteful employment of the police by making a false
report about an offence.
Perverting the course of justice
Concealing evidence or giving false information to police. Indictable only.
Perjury
Knowingly giving false evidence after taking an oath as a witness to tell the truth in court, or to a
tribunal. Indictable only
Murder
The intentional killing of a human being with the intention of killing or causing grievous bodily harm.
Manslaughter
Killing by an unlawful act of killing likely to cause bodily harm but without the intention to kill or cause
grievous bodily harm.
Driving with excess alcohol
When alcohol in the driver's body exceeds prescribed limits - 80 milligrams of alcohol in 100
milligrams of blood.
Court bail
The opposite of 'remand' in custody- preserves Liberty until next hearing.
Conditions of court bail
Live at home; surrender passports report to police station; not contact someone who is a witness.
Reasons for bail refusal
If there is a risk defendant might abscond; commit another offence, obstruct the court of justice etc.
Bail appeals
Refusal of bail by magistrates goes to a Crown Court judge
What is a concurrent sentence?
Two or more sentences of imprisonment imposed for different offences, the longest is the one
served.
, Surety
A person, friends or family member who guarantees a court appearance by pledging a sum of money
which they forfeit if defendant does not turn up.
Hostile witness
A witness who refuses to testify in support of the people who called them, or in a way different from
their previous statement.
Mitigation
An explanation of why a person might have committed the crime. A plea for leniency, any aspect of a
case that reduce the severity of sentence: length or sentence type.
What is 'in chambers'?
When a hearing (generally preliminary) is held in judge's chambers/private room rather than
courtroom. More to do with convenience
What is 'in camera'?
When the public and media are excluded from all or part of the main hearing. E.g. criminal trial -
effectively held in secret.
Community order
One or more requirements, unpaid work under probation officer.
Curfew order
Includes wearing a tag to make sure they are adhering to the curfew.
Treatment order
To reduce dependency on drugs or alcohol.
Allocation hearing
Magistrates hear about an alleged crime and decide if they can accept jurisdiction or if they believe
that their power of punishment may be insufficient
Committal for sentence
When magistrates dealing with an either-way offence in a summary trial, send the case to the Crown
Court for sentencing.
Conditional discharge
Court hasn't imposed a punishment, but if offender commits another offence within time specified,
they are liable for punishment for original offence and any subsequent offence.
What is a mode of trial hearing?
Magistrates decide where to send after hearing from defence and prosecution.
comprehensive study set testing knowledge of the NCTJ Court
Reporting module, comprising legal definitions, Section 52A,
Contempt of Court, reporting restrictions, open justice, and
coroner's courts. When using these flashcards, write answers on
piece of paper to ensure effective marking.]
Three types of criminal case
Summary, either way and indictable-only
Summary case
A minor offence dealt within the Magistrates' Court. No right to a jury trial.
Either-way
Depending on severity, an offence that can be dealt with in either Magistrates' Court or Crown Court.
Defendant can choose trial by Crown Court
Indictable-only
The most severe crimes. Processed at Magistrates' Court, but not dealt with there. Must be tried in
the Crown Court, e.g. murder, manslaughter, rap etc.
Theft
Dishonest appropriation of property belonging to another with the intention of permanently
depriving the other of it. (Theft Act 1968). Either-way.
Taking a vehicle without consent (TWOC-ing)
Covers conduct known as 'joy-riding' in which offenders abandon a car after using it. Does not involve
intention to permanently deprive - so is not theft. Summary offence
Handling
Dishonestly receiving goods, knowing or believing them to be stolen, or dishonestly helping in the
retention, removal or sale of such goods. Either-way.
Burglary
Entering a building as a trespasser and then: stealing or attempting to steal from its pr inflicting or
attempting to inflict grievous bodily harm to anyone in it. Either-way generally, but can be indictable-
only.
Aggravated burglary
Burglary while armed with a firearm, imitation firearm, or any other weapon or explosive. Indictable-
only.
Robbery
Theft by force or by threat of force (indictable only)
Blackmail
,Making an unwarranted demand with menaces with a view to gain, e.g. a threat to disclose
embarrassing secrets involving victim unless money is paid. Indictable only.
Fraud
General offences, defined as conduct 'with a view to gain or with intent to cause loss or expose to a
risk of loss'. Statutory fraud offences are either-way but if deemed of sufficient severity, then
indictable-only.
Wasting police time
An offence committed by someone who causes wasteful employment of the police by making a false
report about an offence.
Perverting the course of justice
Concealing evidence or giving false information to police. Indictable only.
Perjury
Knowingly giving false evidence after taking an oath as a witness to tell the truth in court, or to a
tribunal. Indictable only
Murder
The intentional killing of a human being with the intention of killing or causing grievous bodily harm.
Manslaughter
Killing by an unlawful act of killing likely to cause bodily harm but without the intention to kill or cause
grievous bodily harm.
Driving with excess alcohol
When alcohol in the driver's body exceeds prescribed limits - 80 milligrams of alcohol in 100
milligrams of blood.
Court bail
The opposite of 'remand' in custody- preserves Liberty until next hearing.
Conditions of court bail
Live at home; surrender passports report to police station; not contact someone who is a witness.
Reasons for bail refusal
If there is a risk defendant might abscond; commit another offence, obstruct the court of justice etc.
Bail appeals
Refusal of bail by magistrates goes to a Crown Court judge
What is a concurrent sentence?
Two or more sentences of imprisonment imposed for different offences, the longest is the one
served.
, Surety
A person, friends or family member who guarantees a court appearance by pledging a sum of money
which they forfeit if defendant does not turn up.
Hostile witness
A witness who refuses to testify in support of the people who called them, or in a way different from
their previous statement.
Mitigation
An explanation of why a person might have committed the crime. A plea for leniency, any aspect of a
case that reduce the severity of sentence: length or sentence type.
What is 'in chambers'?
When a hearing (generally preliminary) is held in judge's chambers/private room rather than
courtroom. More to do with convenience
What is 'in camera'?
When the public and media are excluded from all or part of the main hearing. E.g. criminal trial -
effectively held in secret.
Community order
One or more requirements, unpaid work under probation officer.
Curfew order
Includes wearing a tag to make sure they are adhering to the curfew.
Treatment order
To reduce dependency on drugs or alcohol.
Allocation hearing
Magistrates hear about an alleged crime and decide if they can accept jurisdiction or if they believe
that their power of punishment may be insufficient
Committal for sentence
When magistrates dealing with an either-way offence in a summary trial, send the case to the Crown
Court for sentencing.
Conditional discharge
Court hasn't imposed a punishment, but if offender commits another offence within time specified,
they are liable for punishment for original offence and any subsequent offence.
What is a mode of trial hearing?
Magistrates decide where to send after hearing from defence and prosecution.
