Criminal courts

Question 1

Parts of the structure of the courts

Answer 1

Justice of the Peace court, Sherrif Court, High Court

Question 2

JOP court

Answer 2

Uses a summary procedure (judge but no jury), to deal with less serious offences

Question 3

JOP court example

Answer 3

The Justice of the Peace court can give out fines of up to £2500

Question 4

Sherrif court

Answer 4

Handles more serious offences than JOP, such as assault and driving under the influence Can use a summary or solemn procedure, depending on severity

Question 5

Sherrif court example

Answer 5

The Sherrif Court has the ability to give out Community Payback Orders for certain offences

Question 6

High court

Answer 6

Uses a solemn proceure (judge and jury) to deal with the most serious offences

Question 7

High court example

Answer 7

The high courts can sentence an offender to life imprisonment

Question 8

Roles of the criminal courts

Answer 8

Determine guilt, punish, provide justice

Question 9

Role: determine guilt

Answer 9

The courts hear arguements presented such as statements to decide if the accused is guilty

Question 10

Role example: determine guilt

Answer 10

The former SNP MP Natalie McGarry was found guilty at Glasgow Sherrif Court pf embezzlement and jailed

Question 11

Role: Punish

Answer 11

After deciding someone is guilty, the judge decides an appropriate punishment, where they consider factors like previous history

Question 12

Role example: punish

Answer 12

The Hamilton Sherrif Court gave Mark McLean a Community Payback Order for his racist and abusive behaviours

Question 13

Role: Provide justice

Answer 13

The courts have a responsibility to make sure the right person is convicted, and the courts advocate for those harmed

Question 14

Role example: provide justice

Answer 14

The family of Julie Reilly have said that they feel justice had been served after her murdered, Andrew Wallace, had been convicted

Question 15

Powers of the criminal courts

Answer 15

Fine offenders, issue Community Payback Orders, impose life imprisonment

Question 16

Power: fine offenders

Answer 16

The JOP deals with minor offences, and uses a summary procedure; they issue small punishments such as fines where perpetrators pay a set amount of money

Question 17

Power example: fine offenders

Answer 17

The JOP can give out fines of up to £2500 for less serious crimes

Question 18

Power: issue Community Payback Orders

Answer 18

Non-custodial sentences that involve offenders doing work in the community. Sentence can be between 80-300 hours of unpaid supervised work

Question 19

Power example: issue Community Payback Orders

Answer 19

Hamilton Sherrif Court gave Mark McLean a CPO for his racist and abusive behaviours

Question 20

Power: impose life imprisonment

Answer 20

High court deals with the most serious crimes , largest custodial sentence and a loss of freedom for perpetrator

Question 21

Power example: impose life imprisonment

Answer 21

In 2019, Glasgow High Court sentenced the murderers of Margaret Fleming to life imprisonment for murder and various other crimes

Question 22

Why criminal courts are effective

Answer 22

Imprison perpetrators, deter people from committing crime, keep the public safe

Question 23

Effective: imprison perpetrators

Answer 23

All three courts can imprison perpetrators, good way to punish people

Question 24

Effective example: imprison perpetrators

Answer 24

Some could say that imprisoning the murderers of Margaret Fleming at Glasgow High Court is an effective punishment

Question 25

Effective: deter people from committing crime

Answer 25

One key role fof the courts is to imprison perpetrators with the goal of putting off others from committing crime

Question 26

Effective example: deter people from committing crime

Answer 26

The courts can issue harsher punishments for people who commit hate crimes to deter people from being racist or homophobic

Question 27

Effective: keep the public safe

Answer 27

Imprisoning dangerous criminals keeps them off thr streets which protects people from the harm they cause

Question 28

Effective example: keep the public safe

Answer 28

By imprisoning Andrew Wallace, who was imprisoned for murder, the public became protected from them harming him

Question 29

Why criminal courts are ineffective

Answer 29

High reoffending rates, don’t deter enough criminals, guilty people get away

Question 30

Ineffective: High reoffending rates

Answer 30

Courts don’t address the root cause of someone committing crime, so they commit more crime

Question 31

Ineffective example: high reoffending rates

Answer 31

The Scottish Government had to ban courts from issuing sentences of less than 12 months because reoffending rates were as high as 30%

Question 32

Ineffective: don’t deter enough criminals

Answer 32

Role of the courts is to deter people from committing crime, rise in violent crime suggests that they are ineffective

Question 33

Ineffective example: don’t deter enough criminals

Answer 33

Non-sexual violent crime has increased by 16% in recent years

Question 34

Ineffective: guilty people get away

Answer 34

The “not proven” verdict in Scotland suggests the jury finds someone guilty but there isn’t enough evidence to convict

Question 35

Ineffective example: guilty people get away

Answer 35

1 in 5 rape trials result in the Not Proven verdict