1A - Criminal Courts and Lay People

Question 1

What is the structure of the criminal court system?

Answer 1

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

Question 2

Crown court?

Answer 2

• 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

Question 3

Magistrates court?

Answer 3

• 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

Question 4

LASPO 2012

Answer 4

Legal aid, sentencing and punishment of offenders act 2012

Question 5

Appeal routes - anything else - Defendant only

Answer 5

• 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)

Question 6

Appeal routes - point of law - Defence or prosecution

Answer 6

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

Question 7

Appeals in the Crown Court - by Defendant

Answer 7

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

Question 8

Appeals in the Crown Court - by Prosecution

Answer 8

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

Question 9

Appeals in the Crown Court - further appeals

Answer 9

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

Question 10

Aggravating factors - Criminal Justice Act 2003

Answer 10

make the offending behaviour worse and so deserves a higher sentence

Question 11

Mitigating factors - Criminal Justice Act 2003

Answer 11

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

Question 12

Reasons for sentencing

Answer 12

-Retribution- punishment that fits the crime
-Deterrence- Stop people offending or offending again
-Rehabilitation- Reform person back into society
-Protection- Protect the public from the individual
-Reparation- Compensate the victim

Question 13

Types of sentencing - Custodial sentence

Answer 13

• prison (s.152 CJA 2003)
• mandatory life sentence - compulsory
• discretionary life sentence - s.18 OAPA 1861 judge chooses the sentence (up to life)
• 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

Question 14

Types of sentencing - Community order

Answer 14

-CJA 2003
-sentences ‘mix and match’ requirements - fit the restrictions an rehabilitation to offenders needs
-requirements set out in s.177 CJA 2003
- 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

Question 15

Types of sentencing - Fines

Answer 15

• most common way of getting rid of a case in the magistrates court
• Crown - only small % of cases are dealt with by a fine

Question 16

Types of sentencing - conditional discharge

Answer 16

• 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

Question 17

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

Answer 17

• against conviction and/or sentence - defence only
• Crown Court: case is reheard by judge and two magistrates

Question 18

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

Answer 18

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

Question 19

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

Answer 19

• 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

Question 20

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

Answer 20

-Point of law of public importance
-Leave to appeal from QBC or SC

Question 21

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

Answer 21

• 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

Question 22

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

Answer 22

• conviction is unsafe and/or sentence is too harsh
• leave to appeal from CoA or certificate from trial judge

Question 23

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

Answer 23

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