1.2 Criminal Courts And Lay People Flashcards
What are the 2 key criminal courts?
Magistrates Court
Crown Court
What are the 3 classifications of criminal offences?
Indictable
Triable-either-way
Summary
What are indictable offences?
The most serious offences, only tried in Crown Court
Eg - murder, manslaughter, robbery
What are triable-either-way offences?
Offences that can be tried in Crown or Magistrates Court
Eg - theft, ABH
What are summary offences
Least serious offences, tried in Magistrates Court, 6 months max imprisonment
Eg - common assault, driving without license/insurance
Why might there be an adjournment of the trial in summary offences?
- CPS requires more time to prepare
- D wants a solicitor
- If D pleads not guilty and witnesses need to be called
How is it decided whether triable-either-way offences are heard in Magistrates or Crown Court?
- Magistrates ask D if they plead guilty or not guilty
- Then a decision is made for which court
Who hears indictable offences?
Circuit judge
What are the 4 types of sentences?
- Imprisonment
- Community sentence
- Fines
- Discharge
Define lay people
Part of the criminal justice system, either magistrates or juries
Define magistrates
Volunteers who work as unpaid judges
What are the qualifications to qualify for jury service?
- 18 to 76 years old
- registered as a parliamentary or local government elector
- resided in the UK for 5+ years since 13 years old
Advantages of juries
- public confidence
- jury equity
- random selection
Disadvantages of juries
- outside influence
- no explanation of verdict
- failure to understand the case
- bias