Preliminary law exam NCTJ Questions and Answers Solved Correctly

Preliminary law exam NCTJ Questions and Answers Solved Correctly Standard of proof in a criminal case - Answers Beyond all reasonable doubt Standard of proof in a civil case - Answers On the balance of probabilities Crown Prosecution Services: - Answers Most prosecutions are their responsibility. They are independent of police. What can police reveal about a person arrested for a crime? - Answers Usually not their name. But they can release their age and gender, the name of town or city where they live, nature, date and general location of the alleged offence, the date of the arrest, whether they are in custody or released on bail and details of that. (some of this cannot be published, such as age or city if this identifies this person) If a person is identified and the identification was not officially supplied, they can sue the media organisation for defamation and/or privacy law. How does privacy law play into identifying potential suspect of a crime? - Answers The ZXC case established that anyone who comes under suspicion of a crime as a 'reasonable expectation of privacy' owed them by Article 8 of the European Convention of Human Rights. Clause 9 of the Editors Code of Practice - Answers You cannot publish the identity of an individual under the age of 18 who appears at a youth court, nor the identity of witnesses or victims under the age of 18 Indictable-only offence - Answers Most serious crimes, punished by the longest prison terms. They are processed in magistrates court and heard at a Crown Court. Ex: murder, manslaughter, corporate manslaughter, infanticide, wound with intent/inflicting grievous bodily harm, rape, robbery (theft by violent force), aggravated burglary, conspiracy to defraud, blackmail, causes death by reckless driving. Either-way offence - Answers Charges that can be dealt with at a Crown Court or by magistrates, either with the magistrates stating the case and charge is too severe for them (allocation/mode of trial) or if the accused denies charges and elects trial by jury at a Crown Court Less serious than indictable-only but include distressing, harmful crimes. Ex: Assault, common assault, battery, assault with occasional bodily harm, wounding or inflicting grievous bodily harm, handling, theft, burglary, some fraud, aggravated vehicle taking. Summary offence - Answers minor offences almost always dealt with by magistrates court Strict liability - Answers limits the defences of the charge by removing the need to prove intent (the mens rea of a crime) Summary trial - Answers A trial in a magistrates court A criminal offence - Answers Failing to 'surrender to bail' - ie failure to turn up to the next hearing, will usually result in an arrest warrant What happens during the bail process? - Answers Evidence and previous convictions are considered when deciding the bail; a surety could be granted, which ensure that a relative or friend will agree to forfeit a sum if the accused does not surrender to bail; defendants refused bail by magistrates can appeal to a Crown court judge Section 8C of the Magistrates Courts Act of 1980 - Answers Imposes automatic restrictions limiting contemporaneous reporting of pre-trial hearings. Done to limit or prevent the risk of prejudice should the case go to Crown court. This deals with summary trials What does Section 8C of the Magistrates Court of 1980 say? - Answers Only seven categories