Criminal Courts Flashcards
Criminal courts
Magistrates > crown court > court of appeal
Appeals from magistrates court
- defence only against a conviction or a sentence
- heard by a judge & 2 magistrates
- confirm or vary a conviction
Composition of current bench
- 58% women
- 13% ethnic minorities
- 4% disabled
- two are especially trained to go to youth court
- they’re assisted by legal advisors
Juries
- ‘decider 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 the 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 an application
- selected by local advisors committee
- they check skills
- lord chief justice will select them
Aims of sentencing 1)financial
- compensation
- pay upfront or monthly
- injury, loss
Types of sentencing - community sentencing
- 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
- custodial discharge
- released from courts but given a criminal record
Aims of sentencing 2) denunciation
Name and shame
Types of sentencing -probation
-6 months to three years
- regular visits from probation officer
- regular drug tests
Aim of sentencing 3) incapacitation
- life behind bars
- protects society
- mental institutions
- house arrests
Aims of sentencing 5) compensation
Compensation for the victim
Aims of sentencing 6) rehabilitation
Offenders behaviour will be altered by the penalty imposter so they will not reoffend again in the future
Aims of sentencing 7) deterrence
General deterrence: stopping people from committing a crime
Individual deterrence: stopping reoffending
Lay people & magistrates
D pleads:
1) guilty: sentence reduced and sentenced by magistrates court, sent to crowned court
2) not guilty: magistrates accept jurisdiction, defendant can choose which court to go to, if magistrates think its too serious they go to the crowned court
Aims of sentencing 8) retribution
Does not seem to reduce the crimes or alter their behaviour
