chapter 2 (criminal courts/lay people)

Question 1

What are factors in sentencing?

Answer 1

-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 2

What are the 5 main factors in sentencing?

Answer 2

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

Question 3

What are pre-sentence reports?

Answer 3

-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 4

What are medical reports?

Answer 4

-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 5

Sentencing guidelines

Answer 5

-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 6

What are some aggravating factors that would increase a sentence?

Answer 6

-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 7

Name some Mitigating factors that would reduce a sentence

Answer 7

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

Question 8

How can a sentence be reduced for a guilty plea?

Answer 8

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 9

How does the offenders background reduce a sentence ?

Answer 9

-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 10

What are the 4 types of sentences?

Answer 10

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

Question 11

What is a custodial sentence?

Answer 11

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 12

What are mandatory life sentences?

Answer 12

-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 13

What are discretionary life sentences?

Answer 13

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 14

What are fixed - term sentences?

Answer 14

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

Question 15

What is a suspended prison sentence?

Answer 15

-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 16

What are community orders?

Answer 16

-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 17

State some examples of Community orders

Answer 17

-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 18

What are fines?

Answer 18

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 19

What are discharges?

Answer 19

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 20

What qualifications do lay magistrates need?

Answer 20

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 21

What qualities do lay magistrates need to have?

Answer 21

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 22

What are the restrictions for Lay magistrates?

Answer 22

-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 23

Who selects lay magistrates?

Answer 23

-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 24

What is the selection process of lay magistrates?

Answer 24

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 25

What is the role of lay magistrates in criminal cases?

Answer 25

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 26

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

Answer 26

- 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 27

What are the qualifications for jurors?

Answer 27

-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 28

What can disqualify people from serving on a jury?

Answer 28

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 29

What are Discretionary excusals?

Answer 29

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 30

Can lawyers and police officers serve on juries?

Answer 30

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 31

Can judges serve on a jury?

Answer 31

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 32

Explain the selection process of jurors?

Answer 32

-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 33

What happens after appointment of Jurors?

Answer 33

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 34

What is vetting?

Answer 34

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 35

What are DBS checks?

Answer 35

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

Question 36

What are Authorised Jury Checks?

Answer 36

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 37

How can the jury be challenged?

Answer 37

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 38

What is challenging to the array?

Answer 38

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 39

What is challenging for cause?

Answer 39

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 40

What is the role of jurors in criminal cases?

Answer 40

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.