Criminal Court And Lay People Flashcards
What are the 2 types of trial courts
Magistrates and crown
What are the 3 types of offences
Summary
Triable either way
Indictable
Summary offences
Magistrates court
Least serious crimes
6months custodial
Max £5000
Triable either way
Magistrates or crown
Vary in seriousness
Crown court if magistrates decide it’s too serious
Indictable
Crown court
Most seruoud
Start in magistrates then go to crown
What are the 3 main reasons for appeal
1)conviction- ask another court if it’s correct
2)sentence- sentence can be reconsidered
3)point of law- believe it wasn’t applied right
What are the 2 Sentencing factors
Aggravating and mitigating
What are aggravating factors
Factors that make the sentence more server e.g. gang related, no remorse
What are mitigating factors
Factors that make the sentence less Sever e.g. was provoked, mental illness
What are the types of sentencing
Custodial, suspended, community order, fines, discharges
What is a custodial sentence
Means that D served a term of years in prison
What is a suspended sentence
Instead of custodial- activated only if D reoffends
What is community order
Unpaid work, drugs treatment, anger management, curfew
What are discharges
Conditional-up to 3 years, no reoffending
Unconditional- no penalty imposed
What is retribution
Punishment of the offender
What is reparation
Repaying the victim or society
What is rehabilitation
Reforming the offender to change behaviour
What is incapacitation
Protection of public- D unable to reoffend
What is deterrent
Putting offenders off committing crimes
What is the role of the magistrates court
1)Try 97% of all criminal cases
2) decide whether defendants gets bail
3)hear all summary offences
3) decide the verdict and sentence when D pleads not guilty
What is the role of the jury
1) try 1% of cases
2) listen to evidence and judges summing up the cases
3)decide verdict in private
4)decision must be unanimous
5) no reason for the decision
6)can’t disclose info
