criminal courts Flashcards
criminal courts
magistrates > crown court > court of appeal > supreme court
appeals from magistrates court
- defence only against a conviction or a sentence
- heard by a judge & 2 magistrates
- confirm or vary convinction
composition of the bench
- 58% women
- 13% ethnic minorities
- 4% disabled
- two are specially trained and go to youth court
- they’re assisted by legal advisors
juries
‘deciders of fact’
12 members
unanimous decision/ majority verdict
disqualifications
sentenced to life
extended sentence
imprisoned for 5+ years
barristers
- pass bar professional training course
- pupils - on the job training
18 month wait
appeals from crown court
- criminal appeals act 1995
‘shall allow an appeal against a conviction that is unsafe and shall dismiss such appeal in any other case’
becoming a lay magistrate
- fill out application
- selected by local advisers committee
- they check skills
- lord chief justice will select them
aims of sentencing
financial
- pay upfront or monthly
- compensation
- thrift, injury, loss
types of sentencing
community orders
-83% more effective than short sentences
-damage, theft, assault
-punishment
types of sentencing
custodial sentencing
- serious sentences
- reoffending is lower for non custodial
types of sentencing
discharges
- less serious offences
- conditional discharge
- released from court but given a criminal record
aims of sentencing
denunciation
- name and shame
types of sentencing
probation
- 6 months to 3 years
- regular visits from probation officer
- regular drug tests
aims of sentencing
incapacitation
- life behind bars
- protecting society
- mental institution
- house arrest
aims of sentencing
compensation
compensation for the victim
aims of sentencing
rehabilitation
offenders behaviour will be altered by the penalty imposter so they will not reoffend again in the future
aims of sentencing
deterrence
general deterrence- stopping people from committing a crime
individual deterrence- stopping someone reoffending
lay people/magistrates
- D pleads =
guilty - sentence reduced
sentenced by magistrates
sent to crown court
not guilty - magistrates accept jurisdiction- defendant can choose which court to go to
if magistrates think it’s too serious - go to crown court
aims of sentencing
retribution
does not seem to reduce the crimes or alter their behaviour
