3/4 Magistrates'/Crown Court Flashcards
Features of magistrates:
No jury
All criminal
3 magistrates or 1 district judge
Magistrates - What offences?
Summary
Either way
2 Principles:
- Decisions made independently of government
- Use guidelines produced by the sentencing council (different offenders might not be given the same sentence for the same type of crime)
2 Aims of magistrates:
- must decide on how the offenders are sentenced
- provide effective sentences
Discharge=
Minor, ‘absolute’, guilty, ‘conditional’
Fine=
Common, financial punishment
Community =
Community payback
Prison =
Serious offences, suspended/determinate/indeterminate/life
Crown court deals with:
More serious crimes: murder/robbery
Features of crown court:
Jury - 12 members (decide guilt)
Judge - decides sentence (if guilty)
What type of offences does crown court deal with?
Indictable only offences are heard
Appeals of magistrates sentences
Deals with
Most crimes
4 effective sentences:
Discharge
Fine
Community
Prison
Must consider the need to:
Punish…
offender
Must consider the need to:
Protect
Public