Courts Flashcards
What verdicts can be given in society courts
1) Innocent - free to go
2) Guilty- punishment
3) Not proven- not enough evidence
Describe Solemn procedure
- Always by high court, sometimes Sheriff court
- Jury of 15, majority of 8 needed
- Judge or sheriff decides sentence
Describe summary procedure
- can be used by sheriff court, always in Justice of the Peace
- sheriff or Justice of the peace (legal clerk+lay person) decides verdict and sentence
- No jury
Describe sentencing powers of high court
- solemn procedure
- max life imprisonment (10yrs)
- unlimited fine
- rape, murder, drug trafficking
Describe sentencing powers of sheriff court
- Solemn of summary
- max 5 years prison, unlimited fine
- asbo, tags, community payback order
- theft, assault, drug possession
Describe sentencing powers of Justice of the Peace
- summary procedure
- 60 days prison max
- £2500 max fine
- legal clerk ❤️ lay person
- running red light, shoplifting
Describe sentencing powers of drug courts
- For repeated offenders due to drug addiction
- Drug treatment + testing orders
- counselling + treatment
Describe the Children’s Hearing System
- Child focused
- Help not punish
- Not in court
- Referred by anyone e.g teacher, neighbour
- Panel of 3 mixed sex volunteers
- victim of crime, committed crime, lack of parental care
- 1) Social worker (2) foster care (3) secure accommodation (4)ASBO (5) Tagging
Describe purpose of prisons
- protect public- remove offenders from communities, 90,000 a day in UK, e.g remove murderers
- punish offender/ deterrent- remove freedom, separate families
- Rehabilitate- prevent reoffending, lose drug problem, learn new skills, e.g Open University Courses
Effectiveness of custodial sentences?
FOR -
•keep public safe
•punishment
•deterrent
•rehabilitate
AGAINST -
•Cost - £50,000
•Overcrowding
•reoffending- 60%
Describe non custodial sentences
- ASBOs- stop going to certain places, certain times, specific activities
- Tagging- device on ankle sends signal to police
- Community payback- unpaid work
- Fines- pay money
Describe in detail the procedures of the Children’s Hearing System
1) Referred to Children’s Reporter
- by school/teacher/neighbour/parent/child themselves
- bc committing offence eg drugs/ offence committed against child/ fear for safety eg forced marriage/ out of parental control/ lack of parental care
2) Reporter decides further action is taken. A hearing is called - panel 3 adult volunteers
- mix of sexes
- held locally, not in court
- child can choose someone to support them
- can ask for parents not be present
- fills in ‘all about me’ before to give thots + opinions
3) Compulsory supervision is recommended
- stay in home/ social work support kid+fam
- removed from home/ foster fam, relatives, care home
- secure authorisation/ last resort/ secure accommodation
Describe in detail ways in which the Children’s Hearing system supports children
1) Compulsory supervision can be provided in a range of ways
• stay in home, social work supports kid+fam
- regular meetings
- eg if kid not attending school, work to support attendance
• removed from home - foster fam, relatives, care home
- if lack of parental care
- eg if parents can’t look after kid+home not safe due to drug addiction
• secure authorisation - accommodation from which kid can’t leave
- last resort
- reviewed every 3 months
- eg if kid runs away repeatedly+putting themselves at risk eg suicidal
2) A hearing rather than court
- panel 3 adult volunteers
- mix of sexes
- held locally, not in court
- kid can choose somebody to support them
- can ask for parents not be present
- fills in ‘all about me’ before to give thots + opinions
Explain in detail why many ppl praise the Children’s hearing system
• Range of methods to support them
- social worker supervision
- foster care
- secure accommodation
- means all kids+all problems looked after properly
• Child centred - help not punish
- means rather than punish for truancy try to get to root of problem + try to solve
- means more likely to solve problem rather than punishing which makes more likely child continue to offend
• Not a court - more informal
- kid choose who accompany + held in meeting room rather than court
- praises as more likely to put kid at ease to discuss future rather than court which more formal+implies punishment rather than working together to solve problem
Explain in detail why many ppl criticise the Children’s hearing system
• Children feel ignored
- YoungScot web said they felt views not listened to+not agree with outcome
- problem bc HS supposed to be child centred with young ppl having say in future
• starting to give criminal punishments
- eg kids recently given ASBOs or tags + goes against idea of solving problems rather punishing
- problem bc child entering Crim Justice System this early more likely to stay in it
• Stops at 16
- after this kids need go adult court when committed crime
- problem bc many feel this age still too immature+should be transition courts for 16-18 yr olds
