Crime: Courts Flashcards
Structure of the courts
Justice of the Peace Court, Sheriff Court, High Court
Justice of the peace court
Least serious crimes (e.g. petty theft and breach of the peace)
Can impose a fine of up to £2500 and a sentence of up to 60 days in prison
Sheriff Court
More serious crime (e.g. assault, driving under the influence)
Summary procedure: judge only
Can impose a fine of up to £5000 and up to 12 months in prison
Solemn procedure: judge & jury
Can impose an unlimited fine and up to 5 years in prison
High Court
Most serious crimes in society (e.g. murder and serious assaults)
Can impose an unlimited fine and an unlimited prison sentence
Roles of the courts
Determine guilt, punish, provide justice
Determine guilt example
Former SNP MP Natalie McGarry was found guilty of embezzlement at Glasgow Sheriff Court and jailed
Courts punish example
Mark McLean received a Community Payback Order for racist and abusive behaviour
Provide justice example
The family of Julie Reilly said after the trial at the Glasgow High Court that they felt they had justice because her killer Andrew Wallace had been convicted
Power of the courts
JOTP–fines of up to £2500 and up to 60 days in jail
Sheriff–along with fines and prison sentences they can impose Community Payback Orders, for example, Mark McLean received a CPO for racist and abusive behaviour
High Court–unlimited fining and sentencing powers, for example, Margaret Fleming’s killers each received life in prison
Court effectiveness extra examples
Ensure public safety by locking away dangerous offenders–e.g. Aaron Campbell
Deterring criminals through punishments
Courts ineffective
High reoffending rates
Not deterring enough criminals
Some guilty people get away
Courts some guilty people get away example
1 in 5 rape trials result in a Not Proven verdict
Courts not deterring example
Non-sexual violent crime has increased by 16% in recent years
Courts high reoffending rates example
The Scottish Government has had to ban courts from issuing short sentences of less than 12 months as reoffending rates were as high as 30%
