Criminal Courts

Question 1

Summary Offences

Answer 1

• Dealt with in Magistrates court often at their first appearance
• Proceedings adjourned to gather evidence, or for D to get legal adviceor for pre-sentence reports
• Bail may be requested for D during adjournment; D may be represented by duty solicitor who will represent free of charge for one hearing
• if D pleads guilty; Magistrates pass sentence
• if D pleads not guilty; Trial will be heard & decided by Magistrates, both sides give evidence, & prosecution have to prove D’s guilt

Question 2

Triable either way offences

Answer 2

• Begin in Magistrates court where plead guilty/not guilty at the ‘PLEA BEFORE VENUE’ hearing; bail & legal funding discussed at any time
• If guilty plea; the Magistrates hear case facts & decide if have sentencing powers. If not, sent to Crown court.
• If not guilty plea; there is a ‘MODE OF TRIAL’ hearing where Magistrates hear case facts & decide if to accept trial. If they agree, D can choose to go to Crown court instead but if they do not accept D can not choose & must be heard in Crown court

Question 3

Indictable Offences

Answer 3

• Begin in Magistrates court for the <b>‘EARLY ADMINISTRATIVE’</b> hearing which deals with paperwork.
• Case then sent to Crown court for the <b>‘PLEA & DIRECTIONS’</b> hearing.
• If guilty plea; there is adjournment before sentencing for pre-sentence reports to be written.
• If not guilty plea;there is adjournment before trial, legal fund & bail issues discussed during proceedings.

Question 4

Magistrates Court

Answer 4

<span>- <em>240 MC</em> in Eng&Wales; cases heard by bench of <u>3</u> which can be qualified district judge or lay magistrates.</span>

• <u>97%</u> of <em>all Criminal cases </em>heard in Magistrates court; approx. <u>1.5 million cases</u> per year.
• Try <em>all summary offences </em>as well as <em>triable either way</em>; hear <b>cases at first instance</b>
• Deal with <em>hearing all of indictable offences </em>
• Issue <em>warrants</em> to police for search and arrest; decide bail applications
• Specially trained Magistrates try defendants aged 10-17 in the <u>Youth Court</u>
• <em><b>Maximum sentence</b></em>:
  2 x 6 imprisonment; £5000 fine; or <u>BOTH</u></span>
  <span></span>
• <b><u>LASPO 2012</u></b> allows Magistrates to issue <em>UNLIMITED FINE</em> for specified <em>LEVEL 5 OFFENCES</em>
• Also deal with <em>CIVIL MATTERS</em> such as enforcing council tax demands, proceedings concerning child welfare under <u>Children Act 1989</u> & other family cases; i.e maintenance orders</span>

Question 5

Appeals & Appellate courts

Answer 5

<span>1. <b>CROWN COURT</b></span>

• hears appeals from Magistrates with 2 lay Magistrates; D has an automatic right to appeal to CC from MC where case will be reheard entirely
• judges can <em>confirm, reverse or vary conviction</em>; may also <em>confirm sentence or increase/decrease sentence</em> in line with Magistrates sentencing powers

2. <b>COURT OF APPEAL</b>
   - hears appeals from Crown court who may wish to appeal sentence/conviction; D must be <u>given permission to appeal </u>
   - prosecution can appeal in rare cases <em><span>i.e belief jury/witnesses have been tampered/intimidated</span></em>; can <em>confirm, quash or dismiss appeal</em>, <em>vary conviction or order retrial</em>; may also <em>confirm or decrease sentence</em> given
3. <b>QUEENS BENCH DIVISON</b>
   - hears appeals on a <u>point of law questioned</u>; administrative court can decide facts of case or more usually case is sent to a panel of 2 high court judges
   - can <em>confirm, vary, reverse or remit case</em>
4. <b>SUPREME COURT</b>
   - hears appeals on <u>point of law of great importance</u>; small number of these case annually
   e. g <u>C v DPP, R v GNANGO</u></span>

Question 6

Types of Sentencing

Answer 6

<span>a. <b>IMPRISONMENT </b>- Most serious; D deprived of freedom and is only given if nothing else is sufficient; maximum term made out in relevant statute <u>i.e s20 OAPA 1861</u>, maximum is 5 years imprisonment</span>

b. <b>COMMUNITY SENTENCES</b> - incl. probation <em>(Community Rehabilitation Order)</em>, unpaid work <em>(Community Punishment Order)</em> or a curfew order
c. <b> FINE</b> - most common; must take into account D’s financial state; maximum offence may be given out in statute
d. <b>DISCHARGE </b>- D free to go but conditions may be attached <em>(conditional discharge)</em> or no conditions <em>(absolute discharge)</em></span>

Question 7

Factors considered in Sentencing

Answer 7

<span><b>AGGRAVATING</b>
seriousness of offence; vulnerable victim; previous convictions; breaching position of trust; racial/religious/sex/disability hostility; D on bail at time of offence; D part of group attacking V; pre-meditated offence</span>

<b>MITIGATING</b>
co-operation with police; D serving the public; young defendant; no previous convictions; menta/physical illness; showing remorse; early guilty plea; attempts to compensate V</span>

Question 8

Aims of Sentencing

Answer 8

<span>1. <b>DETERRENCE</b> - to put off offender <em>(individual)</em> or other people <em>(general)</em></span>

2. <b>RETRIBUTION</b> - <u>s2(2) Criminal Justice Act 1991</u> states punishment should reflect severity of crime
3. <b>PUBLIC PROTECTION </b>- prevent from harming public; applies particularly to crimes of violent/sexual nature
4. <b>REPARATION</b> - to give back to victim <em>(compensation)</em> or community <em>(unpaid work)</em>
5. <b>REHABILITATION</b> - to reform and ‘cure’ criminal behaviour</span>