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OCR A-Level Law Paper 1 > 1A - Criminal Courts and Lay People > Flashcards

1A - Criminal Courts and Lay People Flashcards

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1
Q

What is the structure of the criminal court system?

A 
Supreme Court
          ↓
Court of Appeal - criminal division
          ↓
High Court - family, chancery and Queens Bench division
          ↓
Crown Court
          ↓
Magistrates Court
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2
Q

Crown court?

A
  • 80,000 cases/year
  • more serious crimes
  • Judge and jury
  • High court judge, circuit judge, or recorder
  • unlimited sentencing powers - statutory guideline
  • act as an appeal court from Magistrates
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3
Q

Magistrates court?

A
  • deal with mainly criminal cases
  • 1.5 million cases/year - 97% criminal cases
  • decide on bail, legal aid, arrest warrants, extending custody time
  • preliminary hearings for cases to be tried that the Crown Court
  • Young offenders - youth court - (10-17 years)
  • cases heard by 3 lay magistrates (or district judge)
  • sentencing powers - 6 months (12 months or consecutive offences) and/or £5,000 LASPO 2012
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4
Q

LASPO 2012

A

Legal aid, sentencing and punishment of offenders act 2012

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5
Q

How serious are summary offences?

A

least serious

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6
Q

Where are summary offences always tried?

A

Magistrates court

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7
Q

How soon can summary offences be dealt with?

A

They can be dealt with in the first hearing

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8
Q

What is the maximum prison sentence of summary sentences?

A

6 months

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9
Q

What kind of offences are summary offences?

A
  • most driving offences
  • criminal damage up to £5,000
  • shoplifting up to £200
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10
Q

How serious are triable either way offences?

A

middle range offences

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11
Q

What kind of offences are triable either way offences?

A

theft, burglary, s.47 Offences Against the Person Act 1861

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12
Q

Where are triable either way offences tried?

A

They may be tried in the Magistrates Court but D has the option to right to opt for a Crown Court hearing

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13
Q

What happens if the D opts for a Crown Court hearing?

A

There will be a preliminary trial at the Magistrates Courts - committal proceedings

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14
Q

Can triable either way offences been sent to the Crown Court for sentencing?

A

Yes, magistrates have limited powers following the verdict

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15
Q

How serious are indictable offences?

A

most serious offences

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16
Q

What kind of offences are indictable offences?

A

murder and rape etc

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17
Q

Where are indictable offences always tried?

A

They are always tried in the Crown Court

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18
Q

What percentage of offences do indictable offences account for?

A

3%

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19
Q

Who hears indictable offences?

A

A judge and jury

20
Q

What are the two different appeal routes?

A
  • point of law

- anything else

21
Q

Appeal routes - anything else - Defendant only

A
  • if they pleaded guilty - appeal against sentence
  • if they pleaded not guilty - appeal against conviction/sentence → Crown court - 2 magistrates and judge - automatic right (case is re-heard)
22
Q

Appeal routes - point of law - Defence or prosecution

A
  • to Administrative Court (Divisional QBD)
  • from either Magistrates or Crown Court
  • only about 100 cases/yea - further appeal to Supreme Court - rare
23
Q

Appeals in the Crown Court - by Defendant

A
  • to CoA, leave to appeal (within 28 days), grounds for appeal - conviction unsafe
24
Q

Appeals in the Crown Court - by Prosecution

A
  • more limited powers, against judges ruling, against acquittal (jury nobbled or new evidence), against sentence (to Attorney General)
25
Q

Appeals in the Crown Court - further appeals

A
  • to Supreme Court - point of law of importance of the general public importance
26
Q

Aggravating factors - Criminal Justice Act 2003

A

make the offending behaviour worse and so deserves a higher sentence

27
Q

Mitigating factors - Criminal Justice Act 2003

A

making the offending behaviour less serious and so deserves a lighter sentence

28
Q

Why do we sentence people? - Retribution

A

punishment that fits the crime

29
Q

Why do we sentence people? - Deterrence

A
  • individual - stop them offending again

- general - deter the public from similar actions

30
Q

Why do we sentence people? - Rehabilitation

A

reform the offender back into society

31
Q

Why do we sentence people? - Protection

A

defending the public

32
Q

Why do we sentence people? - Reparation

A

compensating the victim

33
Q

Types of sentencing - Custodial sentence

A
  • prison (s.152 CJA 2003)
  • few weeks to life
  • mandatory life sentence - compulsory
  • discretionary life sentence - s.18 OAPA 1861 judge chooses the sentence (up to life)
  • fixed term
  • suspended sentence - It won’t take place immediately and if within the given time they down re offend = no sentence
    If they do re offend = original + new sentence
34
Q

Types of sentencing - Community order

A

CJA 2003
sentences ‘mix and match’ requirements - fit the restrictions an rehabilitation to offenders needs
requirements set out in s.177 CJA 2003
offender works for 40-300 hours on a suitable project organised by a probation service. Usually 8 hours sessions
- Curfew - can be orders to remain at a fixed address for between 2-16 hours in a 24 hour period
- drug and alcohol treatment programme - treatment, help them to avoid doing crime again under the influence

35
Q

Types of sentencing - Fines

A
  • most common way of getting rid of a case in the magistrates court
  • Crown - only small % of cases are dealt with by a fine
  • usually the offender is orders to pay the fine at a seat rate per week
36
Q

Types of sentencing - conditional discharge

A
  • court discharges offender on condition no further offence is committed during a set period of up to 3 years
  • discharged on the provision that they won’t offend again
    if they re offend = original + new sentence
    widely used by Magistrates court for first time/minor offender
37
Q

Types of sentencing - absolute discharge

A
  • technically guilty but morally innocent

- no penalty is imposed but they do have a criminal record

38
Q

Types of sentencing - driving ban

A
  • driving with a bad tyre etc
39
Q

Appeal routes from Magistrates’ Courts - Magistrates’ to Crown Court

A

→ against conviction and/or sentence - defence only

Crown Court: case is reheard by judge and two magistrates

40
Q

Appeal routes from Magistrates’ Courts - Magistrates’ to Queen’s Bench Divisional Court

A

→ case stated appeal
By the defence against conviction or prosecution against acquittal where they claim the magistrates make a mistake about the law

41
Q

Appeal routes from Magistrates’ Courts - Crown Court to Queen’s Bench Divisional Court

A

→ case stated appeal

QBD court: No witnesses- appeal is heard on the basis of what the law is on the facts given by the earlier courts

42
Q

Appeal routes from Magistrates’ Courts - Queen’s Bench Divisional Court to Supreme Court

A

Point of law of public importance

Leave to appeal from QBC or SC

43
Q

Appeal routes from the Crown Court - Crown Court to Court of Appeal (Criminal Division) - Prosecution may appeal

A
  • if judge’s error leads to an acquittal
  • if jury has been nobbled
  • if new and compelling evidence of D’s guilt
  • unduly lenient sentence
44
Q

Appeal routes from the Crown Court - Crown Court to Court of Appeal (Criminal Division) - Defence may appeal

A
  • conviction is unsafe and/or sentence is too harsh

- leave to appeal from CoA or certificate from trial judge

45
Q

Appeal routes from the Crown Court - Court of Appeal to Supreme Court

A
  • less than 10 cases/year
  • point of law of public importance
  • leave to appeal from CoA or Supreme Court

OCR A-Level Law Paper 1 (43 decks)

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