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
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/year- 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
Reasons for sentencing
-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
Types of sentencing - Custodial sentence
- 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
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
- 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
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
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
