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

How serious are summary offences?

Answer 5

least serious

Question 6

Where are summary offences always tried?

Answer 6

Magistrates court

Question 7

How soon can summary offences be dealt with?

Answer 7

They can be dealt with in the first hearing

Question 8

What is the maximum prison sentence of summary sentences?

Answer 8

6 months

Question 9

What kind of offences are summary offences?

Answer 9

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

Question 10

How serious are triable either way offences?

Answer 10

middle range offences

Question 11

What kind of offences are triable either way offences?

Answer 11

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

Question 12

Where are triable either way offences tried?

Answer 12

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

Question 13

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

Answer 13

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

Question 14

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

Answer 14

Yes, magistrates have limited powers following the verdict

Question 15

How serious are indictable offences?

Answer 15

most serious offences

Question 16

What kind of offences are indictable offences?

Answer 16

murder and rape etc

Question 17

Where are indictable offences always tried?

Answer 17

They are always tried in the Crown Court

Question 18

What percentage of offences do indictable offences account for?

Answer 18

3%

Question 19

Who hears indictable offences?

Answer 19

A judge and jury

Question 20

What are the two different appeal routes?

Answer 20

• point of law

- anything else

Question 21

Appeal routes - anything else - Defendant only

Answer 21

• 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 22

Appeal routes - point of law - Defence or prosecution

Answer 22

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

Question 23

Appeals in the Crown Court - by Defendant

Answer 23

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

Question 24

Appeals in the Crown Court - by Prosecution

Answer 24

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

Question 25

Appeals in the Crown Court - further appeals

Answer 25

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

Question 26

Aggravating factors - Criminal Justice Act 2003

Answer 26

make the offending behaviour worse and so deserves a higher sentence

Question 27

Mitigating factors - Criminal Justice Act 2003

Answer 27

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

Question 28

Why do we sentence people? - Retribution

Answer 28

punishment that fits the crime

Question 29

Why do we sentence people? - Deterrence

Answer 29

- individual - stop them offending again | - general - deter the public from similar actions

Question 30

Why do we sentence people? - Rehabilitation

Answer 30

reform the offender back into society

Question 31

Why do we sentence people? - Protection

Answer 31

defending the public

Question 32

Why do we sentence people? - Reparation

Answer 32

compensating the victim

Question 33

Types of sentencing - Custodial sentence

Answer 33

- 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

Question 34

Types of sentencing - Community order

Answer 34

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

Question 35

Types of sentencing - Fines

Answer 35

- 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

Question 36

Types of sentencing - conditional discharge

Answer 36

- 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 37

Types of sentencing - absolute discharge

Answer 37

- technically guilty but morally innocent | - no penalty is imposed but they do have a criminal record

Question 38

Types of sentencing - driving ban

Answer 38

- driving with a bad tyre etc

Question 39

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

Answer 39

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

Question 40

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

Answer 40

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

Question 41

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

Answer 41

→ 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 42

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

Answer 42

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

Question 43

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

Answer 43

- 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 44

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

Answer 44

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

Question 45

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

Answer 45

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