1A - Criminal Courts and Lay People Flashcards
What is the structure of the criminal court system?
Supreme Court
↓
Court of Appeal - criminal division
↓
High Court - family, chancery and Queens Bench division
↓
Crown Court
↓
Magistrates CourtCrown court?
- 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
Magistrates court?
- 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
LASPO 2012
Legal aid, sentencing and punishment of offenders act 2012
How serious are summary offences?
least serious
Where are summary offences always tried?
Magistrates court
How soon can summary offences be dealt with?
They can be dealt with in the first hearing
What is the maximum prison sentence of summary sentences?
6 months
What kind of offences are summary offences?
- most driving offences
- criminal damage up to £5,000
- shoplifting up to £200
How serious are triable either way offences?
middle range offences
What kind of offences are triable either way offences?
theft, burglary, s.47 Offences Against the Person Act 1861
Where are triable either way offences tried?
They may be tried in the Magistrates Court but D has the option to right to opt for a Crown Court hearing
What happens if the D opts for a Crown Court hearing?
There will be a preliminary trial at the Magistrates Courts - committal proceedings
Can triable either way offences been sent to the Crown Court for sentencing?
Yes, magistrates have limited powers following the verdict
How serious are indictable offences?
most serious offences
What kind of offences are indictable offences?
murder and rape etc
Where are indictable offences always tried?
They are always tried in the Crown Court
What percentage of offences do indictable offences account for?
3%
Who hears indictable offences?
A judge and jury
What are the two different appeal routes?
- point of law
- anything else
Appeal routes - anything else - Defendant only
- 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)
Appeal routes - point of law - Defence or prosecution
- to Administrative Court (Divisional QBD)
- from either Magistrates or Crown Court
- only about 100 cases/yea - further appeal to Supreme Court - rare
Appeals in the Crown Court - by Defendant
- to CoA, leave to appeal (within 28 days), grounds for appeal - conviction unsafe
Appeals in the Crown Court - by Prosecution
- more limited powers, against judges ruling, against acquittal (jury nobbled or new evidence), against sentence (to Attorney General)
Appeals in the Crown Court - further appeals
- to Supreme Court - point of law of importance of the general public importance
Aggravating factors - Criminal Justice Act 2003
make the offending behaviour worse and so deserves a higher sentence
Mitigating factors - Criminal Justice Act 2003
making the offending behaviour less serious and so deserves a lighter sentence
Why do we sentence people? - Retribution
punishment that fits the crime
Why do we sentence people? - Deterrence
- individual - stop them offending again
- general - deter the public from similar actions
Why do we sentence people? - Rehabilitation
reform the offender back into society
Why do we sentence people? - Protection
defending the public
Why do we sentence people? - Reparation
compensating the victim
Types of sentencing - Custodial sentence
- 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
Types of sentencing - Community order
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
Types of sentencing - Fines
- 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
Types of sentencing - conditional discharge
- 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
Types of sentencing - absolute discharge
- technically guilty but morally innocent
- no penalty is imposed but they do have a criminal record
Types of sentencing - driving ban
- driving with a bad tyre etc
Appeal routes from Magistrates’ Courts - Magistrates’ to Crown Court
→ against conviction and/or sentence - defence only
Crown Court: case is reheard by judge and two magistrates
Appeal routes from Magistrates’ Courts - Magistrates’ to Queen’s Bench Divisional Court
→ case stated appeal
By the defence against conviction or prosecution against acquittal where they claim the magistrates make a mistake about the law
Appeal routes from Magistrates’ Courts - Crown Court to Queen’s Bench Divisional Court
→ 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
Appeal routes from Magistrates’ Courts - Queen’s Bench Divisional Court to Supreme Court
Point of law of public importance
Leave to appeal from QBC or SC
Appeal routes from the Crown Court - Crown Court to Court of Appeal (Criminal Division) - Prosecution may appeal
- 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
Appeal routes from the Crown Court - Crown Court to Court of Appeal (Criminal Division) - Defence may appeal
- conviction is unsafe and/or sentence is too harsh
- leave to appeal from CoA or certificate from trial judge
Appeal routes from the Crown Court - Court of Appeal to Supreme Court
- less than 10 cases/year
- point of law of public importance
- leave to appeal from CoA or Supreme Court
