chapter 2 (criminal courts/lay people)

Question 1

What is the Magistrates Court?

Answer 1

There are about 160 Magistrates’ courts in England and Wales. They were established as local courts and deal with cases that have a connection with their geographical area.

Cases are heard by magistrates, who may either be legally qualified District judges or non- legally qualified lay magistrates.

Question 2

What is the jurisdiction for the Magistrates Court?

Answer 2

1. To try all Summary cases
2. To try any triable either way cases that can be dealt with in the Magistrates court
3. To deal with the first hearing of all indictable offences
4. To deal with all preliminary matters connected to criminal cases, such as issuing warrants for arrest and deciding bail applications

5.To try cases in the Youth Court where defendants are aged 10-17 inclusive.

Question 3

What is the jurisdiction for the Crown Court?

Answer 3

The Crown Court currently sits in about 84 different locations throughout England and Wales. Each year the Crown Court deals with about 80,000 cases

The Crown Court deals with all indictable, or serious offences. It also deals with any triable either way offences that are sent for trial from the Magistrates Court.

A judge sits alone to hear pre- trial matters in cases at the Crown court and where a defendant pleads guilty.

However, when a defendant pleads not guilty, a jury will be used to decide the verdict. The judge will..

-Control the court
-rule on relevant issues of law
-direct the jury on the law and evidence
-impose a sentence if the defendant is found guilty

Question 4

What are summary offences?

Answer 4

These are the least serious criminal offences and have to be tried in the Magistrates’’ Courts. They are subdivided into offences of different ‘levels’ which carry maximum fines.

Examples of summary offences include driving while disqualified, common assault, being drunk and disorderly in a public place and theft from a shop where the value of goods stolen is less than £200.

Question 5

What are Triable either way offences?

Answer 5

These offences can be tried in either the Magistrates Court or the Crown Court . If it is decided that the case will be dealt with in the Magistrates’ court, then the procedure is the same as for trial of a summary offence. The only difference is that, if the defendant pleads guilty or is found guilty , the Magistrates have the power to send the defendant to the crown court for sentencing. The magistrates can only do this if they think that they cannot impose an adequate sentence.

If the case is tried in the Crown Court, the trial will proceed in the same way as an indictable offence. If the defendant pleads or is found guilty, the judge can impose any sentence up to the maximum for that offence.

Triable either way offences include assault causing ABH and theft of property over £200

Question 6

What are Indictable offences?

Answer 6

These are the most serious offences and can only be tried in the Crown Court. The first preliminary hearing to establish the defendants identity will take place in the Magistrates’ court.

If the defendant pleads not guilty, a jury will decide if the defendant is guilty or not guilty after hearing all the evidence

If the defendant pleads guilty, the judge will impose a sentence.

Examples of indictable offences include murder, manslaughter and robbery.

Question 7

What are the Pre- trial procedures for summary offences?

Answer 7

-There is a case management system which aims to complete the case at the earliest opportunity. At the first hearing, the clerk of the court will check the defendants name and address and take the plea. Over 90% of defendants in the Magistrates’ Court plead guilty.

-Whether or not the defendant has legal representation, the magistrates will proceed to consider a sentence if the defendant has pleaded guilty. A sentencing hearing will hear the brief facts of the offence from the prosecution and any statements the defendant wishes to make. The magistrates will then decide on and announce their sentence.

-In some minor driving offences, the defendant can plead guilty by post, so that attendance at court is not necessary.

• If the defendant pleads not guilty, the magistrates will try discover the issues involved and then set a date for trial.

Question 8

What are the pre-trial procedures for Triable either way offences?

Answer 8

• The procedure is set out in the Magistrates’ Courts Act 1980

-Plea before venue: The defendant will be asked to plead. If the plea is guilty, the matter is automatically heard by the magistrates court and a sentence hearing will take place in the same way as a summary offence. The magistrates will hear the facts of the case and decide if their sentencing powers are sufficient. If sufficient they will sentence but if insufficient, they will send to the crown court for sentencing.

• If the defendant pleads not guilty, the magistrates’ must decide where the case will be tried and a mode of trial procedure will take place. If the magistrates’ accept jurisdiction than the defendant decides where they want the trial heard. If they reject jurisdiction then the defendant is sent to the crown court for trial.

-The defendant has no right to request a hearing at the crown court but the case can be sent there by the magistrates if they consider they have insufficient sentencing powers.

-Mode of trial procedure- this procedure is to decide the most appropriate court for the case to be dealt with. Under the Magistrate’s Courts Act 1989 the magistrates’ must consider the nature and seriousness of the case, their own powers of punishment and any representation of the prosecution and defence.

Question 9

What are pre-trial procedures for Indictable offences?

Answer 9

1. First hearing: The first hearing will be in the Magistrates’ Court shortly after the defendant is charged. The magistrates’ will deal with:

-establishing the defendants identity
-whether bail or custody should be ordered
-whether the defendant should receive legal aid for representation

all further pre-trial matters will then be dealt with in the crown court, by a crown court judge, sitting alone

2.Plea and Trial Preparation Hearing (PTPH):
This takes place in the Crown Court as son as possible after the case has been sent there from the Magistrates’ Court. An effective PTPH will..

-Arraign the defendant (take Ds plea)

-set a trial date

-Identify the issues for trial, so far as they are known at that stage

-Provide a timetable for pre-trial preparation and give appropriate directions for an effective trial.

• Make provision for any Further Case Management Hearing that may be required to take place.

3.The Indictment: This document will be prepared before trial and formally sets out the charges against the defendant. Although the defendant will have been sent to trial with specific crimes, the indictment can be drawn up for any further offences that the evidence reveals. In more complicated cases, the indictment may have several charges each relating to a different offence.

4. Disclosure by Prosecution and Defence:
   Both prosecution and defence have to make certain points known to the other before trial. The prosecution must set out all the evidence they propose to use at the trial. They must also disclose previously undisclosed material.

The defence must give a written statement to the prosecution that includes:

• the nature of the accused’s defence, including any legal defences intended to be relied on

-any matters of fact on which issue is taken with the prosecution

-any point of law to be argued, and the case authority in support

-any alibi and the witness to support the alibi- this information allows the prosecution to run police checks on the alibi witnesses.

Question 10

Appeals from the Magistrates’ Courts to the Crown courts

Answer 10

There are two different routes of appeal from the Magistrates’ Court. The route used will depend on whether the appeal is only on a point of law or whether it is for other reasons.

Appeals from Magistrates’ courts to Crown court: This appeal is only available to the defence. If the defendant pleaded guilty at the Magistrates’ court, then an appeal can only be made against sentence. The crown court can confirm the sentence, increase or decrease it. However, any increase can only be up to the magistrates’ maximum powers for the case.

If the defendant pleaded not guilty and was convicted, an appeal can be made against conviction and/ or sentence. The crown court, consisting of a judge sitting with two lay magistrates’ will hold a complete rehearing of the case including any evidence that was not available in the Magistrates’ court. They can confirm or vary the conviction and/or sentence or find the defendant guilty of a lesser offence.

Question 11

What are Case- stated appeals?

Answer 11

These are appeals on a point of law that go to the Kings Bench Divisional Court, either directly from the Magistrates’ Court or following an appeal to the crown court. Both prosecution and defence can use this appeal route.

The magistrates’ or the crown court are asked to state the case by setting out their findings of fact and their decision. The appeal is made on a point of law, no witnesses are called. The appeal is usually heard by a panel of two or three judges.

The approach will be that the magistrates came to a wrong decision because they made a mistake about the law. The Divisional Court may confirm, vary or reverse the decision or send the case back for the magistrates’ to implement the decision on the law.

There is a possibility of a further appeal to the Supreme Court such as in C v DPP (1994)

Question 12

Appeals from the Crown Court by the defence

Answer 12

If a defendant has been found guilty following a Crown Court trial, they should be advised by their lawyers on the possibility of an appeal. An appeal can be made against conviction and/ or sentence. to the Court of Appeal (criminal division)

Leave to appeal: The Criminal Appeal Act 1995 requires that the defendant must obtain leave (permission) to appeal, decided by a single judge of the Court of Appeal. The aim is to filter out cases without merit and save the courts time.

The Criminal Appeal Act 1995 simplified the grounds under the court can allow an appeal. The defendant can apply to introduce new evidence but:

-it must appear to be capable of belief and afford a ground for an appeal

-It has to be considered whether it would have been admissible at the trial and why it was not produced at that trial.

Question 13

What are the Court of Appeals power’s ?

Answer 13

The Court of Appeal can:

-allow a defendant’s appeal and quash a conviction or

-vary the conviction to that of a lesser offence of which the defendant could have been convicted and/ or

-decrease , but NOT increase any sentence imposed

-dismiss the appeal

-order that there should be a retrial of the case in front of a new jury.

Question 14

Appeals from the crown court- appeals by the prosecution against an acquittal

Answer 14

The prosecution has limited rights to appeal against an acquittal as follows:

1. Where the acquittal was the result of the jury being nobbled. This is where one or more jurors was bribed or threatened by associates of the defendant

2.Where there is new and compelling evidence of the acquitted persons guilt and it is in the publics interest for the defendant to be retried. This power is given by the Criminal Justice Act 2003. It is known as double jeopardy, since the defendant is being tried twice for the same offence. The director of Public Prosecutions has to consent to the reopening of investigations in the case.

Question 15

Appeals from Crown Court- Referring to a point of law after an acquittal

Answer 15

Following an acquittal, under S36 of the Criminal Justice Act 1972, the Attorney- General can refer to a point of law to the Court of Appeal in order to get a ruling on the law.

The decision by the Court of Appeal on that point of law does not affect the acquittal but it creates a precedent for any future case involving the same point of law.

Question 16

Appeals from the Crown court -from prosecution against sentence after conviction

Answer 16

Under S36 of the Criminal Justice Act 1988 , the Attorney- General can apply for leave to refer an unduly lenient sentence to the Court of Appeal.

Cases are brought to the Attorney- General’s attention by the CPS. It is also possible for a member of the public to contact the Attorney-General’s office if they feel that the original sentence was too lenient.

Question 17

Further appeals from the Crown Court

Answer 17

Both the prosecution and the defence may appeal from the Court of Appeal to the Supreme Court but they need to have the case certified as involving a point of law of general public importance and to get leave to appeal from either the Supreme court or the Court of Appeal

An appeal can only be made against conviction or acquittal . The appeal will consist of legal arguments only .

Question 18

What are factors in sentencing?

Answer 18

-Judges or magistrates will weigh up any aggravating or mitigating factors before sentencing

Aggravating=increases sentence
Mitigating=will reduce the sentence
In order to do this the court must know the details of the offence .

Question 19

What are the 5 main factors in sentencing?

Answer 19

1.pre-sentence reports
2.medical reports
3.sentencing guidelines
4.guilty plea
5.the offenders background

Question 20

What are pre-sentence reports?

Answer 20

-Prepared by the probation service for consideration by the court
-mainly relevant for community sentences
-The report will give information about the offenders background suitability for a community sentence
-it will show why they have committed the crime and why the sentence should be positive

Question 21

What are medical reports?

Answer 21

-Where the offender has medical or psychiatric problems the court will ask for a report to be prepared by an appropriate doctor.
-Medical factors may be important in deciding on a sentence and how to deal with the offender in an appropriate way.
- The courts have special powers when the offender is suffering from a mental illness.

Question 22

Sentencing guidelines

Answer 22

-The sentencing council was established in 2010 to bring greater consistency and transparency to sentencing practice. It has responsibility for..

1.developing sentencing guidelines and monitoring their use
2.assesing the impact of guidelines on sentencing practice
3.publishing information about sentencing practice in the Magistrates and Crown courts.

Judges and Magistrates are under duty to impose a sentence that follows these guidelines. They should only depart from these guidelines if it will bring better justice. This will help produce more consistent sentencing.

Question 23

What are some aggravating factors that would increase a sentence?

Answer 23

-previous convictions for offences of a similar nature
-If the offender was on bail when the offence was committed
-Any racial or religious hostility was shown in the offence
-if the offender pleaded not guilty
-group crime

-the value of goods stolen in the case of theft
-in a case of assault whether the victim was young/elderly and if it was planned in advance

Question 24

Name some Mitigating factors that would reduce a sentence

Answer 24

-No previous convictions
-showing genuine remorse
-Taking a minor part in the offence
-mental illness or a disability
-pleading guilty

Question 25

How can a sentence be reduced for a guilty plea?

Answer 25

A guilty plea at the first reasonable opportunity should reduce the sentence by a third If given after the trial is set then the sentence can be reduced by a quarter if given after the trial has begun then the reduction can be given up to one tenth

Question 26

How does the offenders background reduce a sentence ?

Answer 26

-previous convictions are treated as aggravating factors and include failure to respond to a sentence, the past record of the offender and if the offender was on bail when the offence was committed. -If there are no previous convictions and the offence wasn't committed while on bail, this will be treated as a mitigating factor

Question 27

What are the 4 types of sentences?

Answer 27

1.custodial 2.community orders 3.Fines 4.Discharge

Question 28

What is a custodial sentence?

Answer 28

The most serious punishment a court can impose and can range from weeks to life imprisonment. There are four different types of custodial sentences which are … -mandatory life sentences -discretionary life sentences -fixed-term sentences -suspended sentences The Criminal Justice Act 2003 says that the court must not pass a custodial sentence unless it of the opinion that the offence was so serious that neither a fine or a community sentence can be justified.

Question 29

What are mandatory life sentences?

Answer 29

-the only sentence a judge can impose for a murder victim is a life sentence -after imposing the mandatory life sentence the judge must set the minimum number of years that the offender must serve before being eligible for release on a license. -Aggravating factors can increase the minimum years served such as the victim being vulnerable due to age or a disability. -Mitigating factors include that the offender had the intention to cause GBH rather than to kill.

Question 30

What are discretionary life sentences?

Answer 30

For the first commission of a serious offence such as manslaughter, rape or robbery, the maximum sentence set by statute is life imprisonment but the judge does not have to impose this. The judge has discretion in sentencing and can choose to give any sentence less than the maximum.

Question 31

What are fixed - term sentences?

Answer 31

For other less serious crimes, the maximum length of the sentence will be again set by a statute -for a fixed term.

Question 32

What is a suspended prison sentence?

Answer 32

-A suspended sentence of imprisonment is one where the offender will only serve the custodial period if there is a breach in one of the terms of the suspension. -The idea is that the threat of prison during this period of suspension will deter the offender from committing further offences.

Question 33

What are community orders?

Answer 33

-These can be imposed when the judge or magistrates do not think that the offence is serious enough to warrant imprisonment. - The criminal justice act 2003 created one community order under which the court can combine any requirements they feel necessary. The judge or magistrate can mix and match sentences to fit the offenders needs.

Question 34

State some examples of Community orders

Answer 34

-Drug rehabilitation or alcohol treatment requirement, much crime is linked to drug or alcohol abuse and the idea is to tackle the causes of crime and prevent further offences. -electronic monitoring requirement -a prohibited activity requirement( a wide variety of activities are banned to prevent the offender from committing similar crimes) - a mental health treatment requirement

Question 35

What are fines?

Answer 35

This is the most common sentence in the Magistrates Court, about 70% of offenders are fined whereas very few offenders in the Crown court receive a fine. When deciding the amount of the fine, the courts need to consider the income and assets of the defendant.

Question 36

What are discharges?

Answer 36

This can be either conditional or absolute. CONDITIONAL: where it is thought that no further punishment is necessary, the court discharges an offender on the condition that no further offences are committed during a set period of up to three years. If a new offence is committed within this time another sentence can be imposed as a penalty for the new offence. ABSOLUTE: this means that no penalty or condition is imposed following a conviction for a very minor or technical offence.

Question 37

What qualifications do lay magistrates need?

Answer 37

No legal qualifications are required but there are some general qualifications: -Lay magistrates need to be aged 18 to 65 -on appointment have to retire at 70 -expected to live near or within the area they will hear cases in -must be prepared to commit themselves to at least 26 half days each year

Question 38

What qualities do lay magistrates need to have?

Answer 38

There are some requirements as to their character, this means they must be suitable in character, integrity and understanding the work they have to perform. In 1998, the Lord chancellor set out 6 key qualities that candidates should have: 1.good character 2.understanding and communication 3.social awareness 4.sound judgement 5.commitment and reliability

Question 39

What are the restrictions for Lay magistrates?

Answer 39

-those with serious criminal convictions -those who are undischarged bankrupts -police officers -relatives of those working in the local criminal justice system -those with hearing issues -Close relatives to other magistrates on the same bench

Question 40

Who selects lay magistrates?

Answer 40

-About 1200 new lay magistrates are appointed each year -The appointments are made by the senior presiding judge who relies on recommendations made by the Local Advisory committee The local Advisory Committee has a maximum of 12 members and includes a mixture of magistrates and non- magistrates. The committee tries to encourage a wide range of candidates as possible to put themselves forward.

Question 41

What is the selection process of lay magistrates?

Answer 41

There is a two stage interview process -At the first interview the panel tries to find out more about the candidates personal attributes, in particular looking for those 6 qualities. The panel will also explore the candidates personal attitudes to various criminal justice issues such as youth crime and drink driving. -At the second interview the candidate is tested on their potential judicial aptitude through case studies. The discussion might be focused on the type of sentence they should impose on specific case facts. The local advisory committees will interview the candidates and submit the names of those they think are suitable to the senior presiding judge who will then appoint new magistrates.

Question 42

What is the role of lay magistrates in criminal cases?

Answer 42

Magistrates have a very wide workload that is mainly connected to criminal cases although they deal with some civil cases. Magistrates typically sit on a bench of three magistrates and try 97% of all criminal cases. They can also grant search and arrest warrants and in serious cases handle requests for extra custody time.

Question 43

What are lay magistrates role in summary offences, indictable offences and triable either way offences?

Answer 43

- Summary-Magistrates deal with cases from start to finish. They will hear evidence from the prosecution and defendant and any legal matters. They will also decide if the defendant is guilty or not guilty. If defendant is found guilty they will decide on a sentence. -Triable either way-Magistrates deal with plea before venue hearings -Indictable offences-Magistrates will hold an early administrative hearing before transferring the case to the crown court

Question 44

What are the qualifications for jurors?

Answer 44

-The Jurors act 1974 sets out the qualifications for jurors- To qualify for jury service a person must be: -aged 18 and over and under 76 -be registered on the current electoral role -Have lived in the UK for at lest 5 years since their 13th birthday They must not be disqualified due to a previous conviction of a serious offence or a mental disorder.

Question 45

What can disqualify people from serving on a jury?

Answer 45

Some criminal convictions will disqualify a person from Jury service. Disqualified permanently are those who at at any time have been sentenced to: -imprisonment, detention or custody for life -imprisonment for public protection or detention for public protection -term of imprisonment for five years or more Disqualified for ten years if: -served a sentence of imprisonment -had a suspended sentence -had a community order passed on them

Question 46

What are Discretionary excusals?

Answer 46

Potential jurors may be granted excusal by the court for reasons such as... -being too ill to attend court -being a parent with a small baby -Doing essential work such as being a doctor or other medical staff -holidays or exams, the person might be excused to a more suitable date- they wont be excused -if a person is not excused from jury service , they must attend on the date set or they can be fined £1000 for non-attendance

Question 47

Can lawyers and police officers serve on juries?

Answer 47

Lawyers and police are eligible to serve on juries despite the feeling that could lead to bias or a well-qualified juror influencing the rest of the jury.

Question 48

Can judges serve on a jury?

Answer 48

In June 2004 , a judge from the Court of Appeal, Lord Justice Dyson was summoned to attend Jury duty. This prompted Lord Woolf to issue some observations to Judges who are called for jury service. 1.A judge serves on a jury as part of their duty as a private citizen 2.Excusal from service will only happen in extreme circumstances 3.If they know the presiding judge they should not sit 4.A judge should defer jury service to a later date if they have judicial commitments 5.It is up to the Judge whether to disclose to others if they are a judge 6.Judges must follow directions by the trial judge on the law and should not correct them as this is outside their role as a juror.

Question 49

Explain the selection process of jurors?

Answer 49

-At each crown Court there is an official who is responsible for summoning enough jurors to try cases that will be heard in each two- week period. -This official will arrange for names to be selected at random from the electoral register -necessary to summon at least 12 jurors and it is not known how many of those summoned will be disqualified or excused -Those summoned should notify the court if there is any reason why they should not or can not attend, the others are expected to attend 2 weeks of jury service, but if the case goes on longer they will have to serve until that trial is over.

Question 50

What happens after appointment of Jurors?

Answer 50

When a jury has been chosen, they will be individually required to swear an oath that they will faithfully try the defendant according to evidence.

Question 51

What is vetting?

Answer 51

Once the list of potential jurors is known, both the prosecution and defence have the right to see the list. In some cases it is decided that this pool of potential jurors should be vetted( checked for suitability). Two types of Vetting: Disclosure and Barring Service and authorised jury checks

Question 52

What are DBS checks?

Answer 52

Checks can be made on Prospective Jurors to eliminate those who are disqualified.

Question 53

What are Authorised Jury Checks?

Answer 53

A wider check is authorised into a jurors background and political affiliations This practice was brought to light by the 'ABC' trial in 1978 where two journalists and a soldier where charged with collecting secret information. The Jury had been vetted in loyalty and then a new trial was ordered with a fresh jury. Based on this Vetting of Jurors can only take place when : -only used in exceptional cases involving national security -can only be carried out with the Attorney-Generals express Permission

Question 54

How can the jury be challenged?

Answer 54

The jurors are divided into groups of fifteen and at the start of the trial, the court clerk will select twelve of these at random. These 12 will come into the jury box to be sworn in. At this point, before the Jury is sworn in, the prosecution and defence have certain rights to challenge one or more jurors.

Question 55

What is challenging to the array?

Answer 55

This is to challenge the whole jury on the basis that it has been chosen in an unrepresentative or biased way -This challenge was used successfully against the 'Romford' at the Old Bailey in 1993 where out of the 12 jurors, 9 lived in Romford with 2 living on the same street. R v Fraser(1987) challenged to the array was used as the defendant was of a black minority ethnic background and all the jurors were white. However in R v Ford(1989) it was held that if the jury was chosen in a random manner then it could not be challenged simply because it was not multiracial.

Question 56

What is challenging for cause?

Answer 56

This involves challenging the right of an individual juror to sit on the jury. To be successful, the challenge must point out a valid reason why that juror should not serve on the Jury such as being disqualified or related to a witness/defendant. If such people are not removed from the jury, there is a risk that any subsequent conviction could be quashed.

Question 57

What is the role of jurors in criminal cases?

Answer 57

Jurys are used in the Crown Court where they decide whether the defendant is guilty or not guilty. A trial is presided over by a judge and the functions are split between the judge and the jury. -Judge decides points of law -Jury decides the facts -At the end of the prosecutions case the judge has the power to direct the jury to acquit the defendant if it is decided that the prosecutions evidence has not made out a case against the defendant. -At the end of the evidence, the judge will sum up the case and direct the jury on any law involved -The jury will retire to a private room and make a secret decision on the guilt or not of the accused. The jury must try to come to a unanimous decision and the judge must accept the decision.

Question 58

What are aims of sentencing?

Answer 58

When a judge or magistrate has to impose a sentence, they will also have to decide what they are trying to achieve by the punishment they give. Section 142 of the Criminal Justice Act 2003 sets out the aims of sentencing for those aged 18 and over: -punishment of offenders -reduction of crime (including its reduction by deterrence) -the reform and rehabilitation of offenders -protection of the public -offenders making reparations to their victims

Question 59

Aim 1. Punishment of offenders

Answer 59

Also known as retribution. Retribution means that the offender deserves punishment for breaking the law. It does not try to reduce crime or alter the offenders future behaviour. Retribution is based on the idea that every offence has a certain tariff or level of sentencing. Punishment is concerned only with: -the offence that was committed -making sure that the punishment fits the crime Punishment contains an element of revenge: society and the victim are being avenged for the wrong done. This is how long prison sentences are justified The crudest form of punishment can be seen in the old saying "an eye for an eye and a tooth for a tooth and a life for a life". This was one of the factors used to justify the death penalty for the offence of murder One US judge put this theory into practice in sentencing other offences, by giving victims of burglary the right to go with a law officer, to the home of the burglar and take items up to the value of those stolen

Question 60

Punishment and tariff sentences

Answer 60

Sentencing is based on the idea that punishment for each offence should have a set minimum term, The Sentencing Council produces guidelines on sentencing for the most common crimes. These include a starting point and a range for the sentence. They also set out factors that make an offence more serious or less serious. This system upholds the aim of punishing offenders and leads to consistency in sentencing. However, it can be difficult for courts to impose sentences aimed at reforming offenders and the guidelines leave very little discretion in sentencing with the judges.

Question 60

Aim 2. Reduction of crime including deterrence Individual deterrence

Answer 60

There are two main kinds of deterrence: -Individual deterrence: aims to ensure that the offender does not reoffend, through fear of future punishment. By imposing a severe penalty, the theory is that the offender will think twice in the future , for fear of punishments such as prison sentence, a suspended sentence or a heavy fine. However, prison does not appear to deter, as about 45% of adult prisoners reoffend within one year of release. Critics of the theory of deterrence point out: -it assumes that an offender will stop to consider what the consequences of their actions will be, In fact, most crimes are committed on the spur of the moment, often under the influence of drugs and alcohol. These offenders are unlikely to stop and consider the possible consequences of their actions -Secondly, the chances of being caught are so low, therefore the offenders do not consider the punishment. Fear of being caught is more of a deterrent and because crime detection rates are so low, the threat of an unpleasant penalty seems too remote. Use of CCTV in town centres, business and residential properties may act as a deterrent for some potential offenders.

Question 61

Aim 2. reduction of crime and General deterrence

Answer 61

General deterrence is aimed at preventing other potential offenders from committing the same or similar crimes by making an example of the offender. -General deterrence relies on publicity so that potential offenders are aware of the level of punishment they can expect. -Deterrence sentences are less effective in cases of drug or people smuggling by foreign nationals as the rewards are considered attractive. -A number of terrorist offences have been created by parliament with severe maximum sentences. However, the beliefs of potential offenders seem to outweigh the deterrent effect of these offences and of punishment. General deterrence is in direct conflict with the principle of retribution, since it involves sentencing an offender to a longer term than is deserved for the specific offence. It is probably the least effective and least fair principle of sentencing.

Question 62

Aim3. Reform and Rehabilitation

Answer 62

The main point of this aim is to reform the offender and rehabilitate them into society. It is a forward- looking aim: to alter the offenders behaviour so that they don't reoffend. This principle of sentencing grew in the second half of the twentieth century with the development of community sentences. Judges or magistrates will be given information about the defendants background and if relevant they will consider school reports, job prospects or medical issues. community orders, especially drug testing and treatment orders and drug abstention orders aim to rehabilitate drug abusers Persistent offenders are usually thought less likely to respond to a sentence with rehabilitation as the principle aim. The Sentencing Council guidance asks courts to consider previous attempts at rehabilitation when passing a sentence.

Question 63

Individualised Sentences

Answer 63

Where the court considers rehabilitation as a main aim, the sentence used is an individualised one aimed at the needs of the offender. Criticisms of this approach include: -It leads to inconsistency in sentencing as offenders who have committed exactly the same type of offence may be given a different sentences because the emphasis is on the individual offender -It tends to discriminate against offenders from poor home backgrounds- they are less likely to be seen as possible candidates for rehabilitation

Question 64

Aim 4. Protection of the public

Answer 64

The Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO) introduced new sentences where the main aim is to protect the public from violent or prolific offenders, Custodial sentences are the main way of protecting the public. If the offender presents a significant risk to members of society they must be sent to prison where they cannot commit further crimes. -Long-term custodial sentences appear to be more effective at preventing reoffending than short-term custodial sentences. -The extended Determinate Sentence introduced by LASPO protects the public from offenders who have committed serious sexual or violent offences. The offender has to serve a custodial sentence and an extended period on licence. -Those who commit murder or other serious crimes are given life sentences. -Community sentences also protect the public: -A curfew removes the offender from a certain area or place at certain times of the day, making those places safe for the public -wearing an electronic tag allows the probation service and the police to monitor an offenders location and compliance with their curfew order -The public are protected when people convicted of driving offences are taken off the road, either in prison or banned. LASPO introduced a maximum of five years imprisonment for causing serious injury by dangerous driving.

Question 65

Aim 5. Making reparations to the victim

Answer 65

This is aimed at compensating the victim of the crime, usually by ordering the offender to pay a sum of money to the victim or to make a reparation, for example, by returning stolen property to its rightful owner. The idea that criminals should pay compensation to the victims of their crimes is long established. Judges and magistrates are required to consider ordering compensation to the victim of a crime. Under s 130 of the Powers of Criminal Courts Act 2000, courts are under a duty to give reasons if they do not make a compensation order.

Question 66

Restorative Justice

Answer 66

Offenders and victims are brought together so that the offenders may see the effect of their crimes and make direct reparation, perhaps by doing decorating or gardening at the victims home. The offender might also make reparation to society by doing unpaid work on a community project supervised by the probation service.