Criminal Courts and Lay People

Question 1

Criminal Law

Answer 1

• Establish and uphold the rights of society
• Case started by the police and the crown prosecution service
• Magistrates Court
• Crown Court
• Standard of proof needed
- beyond all reasonable doubt
• Decision made by magistrate or jury
• Decision guilty or not guilty
• Powers of court
- community sentence
- custodial sentence
- criminal record

Question 2

Criminal Courts

Answer 2

Supreme Court
Court of Appeal
King’s Bench Division
Crown Court
Magistrates Court

Question 3

Summary Offences

Answer 3

• Least serious offences
• Always tried on magistrates
• Driving offences
• Common Assault
• Criminal Damage <£5,000

Question 4

Triable Either Way Offences

Answer 4

• Middle range offences
• Can be tried in either the magistrates or crown courts
• Theft
• Assault occasioning ABH

Question 5

Indictable Offences

Answer 5

• Most serious offences
• Always tried in crown court
• Murder
• Manslaughter
• Rape

Question 6

Decide court of Triable Either Way

Answer 6

Plea Before Venue
• The defendant will attend the magistrates court and enter their plea of guilty or not guilty
If Defendant Pleads Guilty
• The magistrales will decide if they have suffcient sentencing powers.
- If they do, they will sentence the defendant
- If they do not, they will commit the case to the crown count for sentencing.
- Magistrates can only sentence up to 6 months is custody or £5,000 fine
If Defendant Pleads Not Guilty
Mode of trial procedure takes place
Here the magistrates decide if they have the correct level of expertise and if they have the sentencing powers to actually hear the case by looking at how many witnesses are needed, how long the trial might take and how complex the case is
If Not Suitable for Trial in Magistrates
• They commit it to Crown Court for Trial
If Suitable for Trial on Magistrates
• The defendant can choose trial in Magistrates or trial in the Crown Court

Question 7

Advantages of Magistrates Court

Answer 7

• Cheaper
• Limited sentencing powers
• More privacy
• Less daunting
• Quicker

Question 8

Disadvantages of Magistrates Court

Answer 8

• More likely to be convicted
- 15% acquittal
• Less likely to have legal aid
• Can still be sent to Crown for sentencing
• Magistrates aren’t legal professionals

Question 9

Advantages of Crown Court

Answer 9

• Legal aid
• Jury
- 60% acquittal rate
- fairer
- 12 jurors
• More experienced legal representation
- barrister must have a certificate of advocacy
- lawyers required

Question 10

Disadvantages of Crown Court

Answer 10

• More expensive
• Higher sentence if convicted
• Less privacy
- public gallery
• May be held in remand prison
• Jury unsure if law

Question 11

Appeal Route from the Magistrates

Answer 11

To the Crown Court
- Available to the defendant
- Defendant has automatic right
- Can be against conviction or sentence
Hearing
- Completely reheard by a judge and two magistrates
Powers
- Confirm conviction
- Acquit
- Find defendant guilty of lesser offence
- Confirm sentence
- Lower sentence

To the KBD
- By the way of ‘case stated’
- To question a point of law
- Appeals by the prosecution based on the acquittal of the defendant or a point of law
Powers
- Confirm or quash the decision
- Send the case back to the magistrates for a retrial

To the Supreme Court
- Must be an issue of public importance
- Must have leave to appeal

Question 12

Appeal Route from Crown

Answer 12

Defendant to the Court of Appeal
- Appeal conviction or sentence
- Must have leave to appeal
- A trial judge it court of appeal can give permission
Grounds
- Conviction is unsafe due to (circumstantial or withheld) evidence or jury tampering
- New evidence
- Sentence length in question
Powers
- Order a complete retrial in Crown
- Quash conviction
- Consider new evidence
- Alter sentence

Prosecution to the Court of Appeal
Reason:
- Appeal against judges ruling regarding acquittal or sentence
- Question point of law via s36 Criminal Justice Act

Further Appeal
- To the Supreme Court
- Must include an area of public importance

Question 13

Aims of Sentencing

Answer 13

s142 Criminal Justice Act
- Protection of the Public
- Punishment of Offenders
- Rehabilitation and Reform
- Reparation of Offender’s Behaviour
- Reduction of Crime

Question 14

Protection of the Public

Answer 14

Incapacitation
imprisonment leads to incapacitation
- death penalty for murder
- long prison sentence
- electronic tagging

Question 15

Punishment of Offenders

Answer 15

Punishment and Retribution
a sentence should reflect the blameworthiness of the offence
- tariff sentence
- mandatory life sentence

Question 16

Rehabilitation and Reform

Answer 16

Rehabilitation and Reform
- probation
- individualised sentence
- community service order

Question 17

Reparation of Offenders Behaviour

Answer 17

Restorative Justice
- repay debt directly
- community service

Question 18

Reduction of Crime

Answer 18

Deterrence
specific and general
- long prison sentence
- heavy fine

Question 19

Mandatory Life Sentence

Answer 19

• only sentence for a murder conviction

Question 20

Whole Life Order

Answer 20

• so dangerous that they should never be released

Question 21

Discretionary Life Sentence

Answer 21

• for the first commission of serious offence
• maximum sentence is life but does not have to be imposed

Question 22

Fixed Term Sentence

Answer 22

• for other less serious crimes
• released on license after half of term

Question 23

Release on License

Answer 23

• release to community decided by parole board
• release with conditions

Question 24

Suspended Prison Sentence

Answer 24

• between 14 days and 2 years
• imprisonment can be activated if they don’t comply

Question 25

Community Orders

Answer 25

• imposed when offence does not warrant imprisonment
• requirements set out by s177 Criminal Justice Act
• specialised requirements for offender

Question 26

Jury - Qualification

Answer 26

• Key Act – The Juries Act 1974
• The qualifications for jury service are set out in the act above:
• Aged between 18-75
• Registered to vote – on the electoral role
• Resident for 5 years in the UK since the age of 13.
• The individual must not be currently detained under a MentalHealthOrder.
• They also cannot be disqualified from jury service

Question 27

Jury - Disqualification

Answer 27

• Some criminal convictions will disqualify someone from jury service.
• Convictions that disqualify someone for life are:
• Life imprisonment
• Anyone who has served a detention period under Her Majesty’s Pleasure
• Imprisonment or detention for public protection.
• Extended sentence
• 5years or more custodial sentence

You will be disqualified for ten years if in the last ten years they have:
• Served a prison sentence.
• Had a suspended sentence imposed on them.
• Had a community order imposed on them

Question 28

Jury - Eligibility

Answer 28

• A Judge may remove someone from jury serve if they believe they lack the capacity. This could be due to a language barrier, disability including being blind or deaf.
• A juror can be excused for a wide range of reasons:
• Ill health, a disability, aged over
70, essential key workers may be excused.
• Previous bookings e.g. holidays, events, work commitments can all mean someone can be excused.
• However often an excusal leads to a deferral - meaning they may have to sit at another time.
• The fine for not attending is £1000

Question 29

Jury - Excusals

Answer 29

• Armed forces personnel can be excused if their commanding officer deems it necessary.
• Lawyers, the police and Judges are all eligible to serve on jury service.
• Research the case of Hanif v UK 2012

Question 30

Jury - Selection

Answer 30

• Crown court official will select at random from the electoral register and a summons will be issued. Around 150 will go out at one time
• Once in the court 15 potential jurors will be chosen at random to go into the court room
• 12 are then chosen at random by the clerk
• Those summoned must notify the court of any reason why they should not or cannot attend.

• Names are selected at random, courts then summon more than 12 jurors and the selection process begins.
• Those summoned must notify the court if they cannot attend.
• They will attend for a minimum of 2 weeks.
• The process of selection takes place using three key approaches:
• Vetting (including DBS checks), challenging to the array and the cause

Question 31

Jury - Advantages

Answer 31

• The public have confidence in the jury system – the right to be tried by one’s peers. The jury is regarded as one of the fundamental indicators of a democratic system.
• The jury is selected at random from the electoral role. A representative sample of local area will be selected. This promotes diversity amongst the jury.
• An advantage of using a jury is that the selection process gives the ordinary person the opportunity to take part in the administration of justice and as such provides an open system of justice. Justice is seen to be done.
• Jury equity is a major advantage of using juries. They are not bound by precedents or Acts of Parliament and can instead base their decisions on their own idea of fairness
• As 12 random people with no connection to the case are selected to sit they are likely to be impartial as they are not connected with anyone involved in the case.
• Most members of the jury will have no
legal qualifications. This means that legal personnel are required to explain matters simply and clearly for the jury. This also means that the defendant is better able to follow the proceedings and they become more accessible to the public.
• When jurors retire to discuss the case and reach a verdict they do so in secret. This means that jurors are protected from outside pressures. They are free to bring verdicts that may be unpopular with the public and which they may not be so willing to reach if deliberations were in open court.

Question 32

Jury - Disadvantages

Answer 32

• The argument that due to the random selection, a jury represents the society is deceptive as the juries can comprise only to those, who are able to act as juror at the end of the selection process.
• The jury is an uneducated body in the law and is often unable to weigh evidence properly and to understand certain complex matters.
• The jury is not suitable for the complex fraud cases and these cases very often cause problem for the lay jury. The Roskill Report (1986) recommended the replacement of the jury in such cases by a judge sitting with expert assessors.
• Juries are often unable to understand the more complex distinction in the law, such as the distinction between murder and manslaughter
• Jurors may be dominated by two or three strong minded individuals in the jury.
• It is a fact that juries acquit proportionately more defendant than the magistrates do. Many critics of the jury system argue that this is a major failing on the part of juries, arising either from their inability to perform their function properly, or from their sympathy with defendants, or both.
• Jurors may be biased for or against certain groups- e.g. they may favour attractive member of the
opposite sex, or be prejudiced against the police in cases of malicious prosecution or false imprisonment.
• It is not possible to guarantee that there has been absolutely no tempering with the jury.
• The unaccountability of the jury by virtue of the secrecy of the jury room, is against the democratic principles

Question 33

Magistrates - Role

Answer 33

• Lay magistrates try approximately 97% of all criminal cases
• They undertake Early Administrative Hearings, which may include: remand hearings, bail applications, committal proceedings.
• They deal with summary matters from start to finish.
• They deal with plea before venue and mode of trial hearings in respect of TEW matters.
• They issue both search and arrest warrants
• They allow extensions to custody time
• Specially trained panels of magistrates deal with young offenders aged 10–17 years in Youth Court
• They sit with a judge in the Crown Court to hear appeals from the Magistrates’ Court

Question 34

Magistrates - Qualification

Answer 34

You need to give up some of your spare time and not everyone can serve as a magistrate.
Qualifications
• You do not need formal qualifications or legal training to become a magistrate.
• You will get full training for the role, and a legal adviser in court will help you with questions about the law.
Age
• You have to be over 18 and under 65.
• Magistrates must retire at 70 and are normally expected to serve for at least 5 years
Health
• You need to be able to hear clearly, with or without a hearing aid, to listen to a case.
• You also need to be able to sit and concentrate for long periods of time.
• You cannot be a magistrate if you work in one of a small number of jobs where there could be a conflict of interest - for instance if you are a police officer
Personal qualities
• You need to show you’ve got the right personal qualities, for example that you are:
• aware of social issues
• mature, understand people and have a
sense of fairness
• reliable and committed to serving the community
• You also need to be able to:
• understand documents, follow evidence
and communicate effectively
• think logically, weigh up arguments and reach a fair decision
Good character
• It’s unlikely you’ll be taken on if
you have been:
• found guilty of a serious crime
• found guilty of a number of minor offences
• banned from driving in the past 5 to 10 years
• declared bankrupt

Question 35

Magistrates - Selection

Answer 35

About 1,500 lay magistrates are appointed each year.
• The appointments are made by the Lord Chief Justice. Candidates must first apply to the Local Advisory Committees (LAC).
• The LAC is made up 12 members who are a mixture of magistrates and non magistrates.
• To try to encourage a wide variety of candidates the committee must place adverts in local press and newspapers aimed at particular ethnic groups.
• The intention is to create a balanced panel to represent the society as a whole. Once the candidates have applied they must face two interview panels
• During the first interview the panel are trying to find out if the candidate has the 6 key qualities.
Successful candidates then progress to the second interview which is a practical test to assess the candidate’s judicial aptitude as they are presented with at least 2 case studies.
The advisory committee will then recommend candidates for appointment to the Lord Chief Justice.
Lay magistrates are expected to sit for a minimum of 13 full days or 26 half days a year.
The traditional view is that magistrates are ‘middle-class, middle-aged and middle-minded’.
However this view is starting to change as the adverts aimed at ethnic minorities appear to work