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A Level OCR Law Paper 1 section A > Criminal courts and lay people > Flashcards

Criminal courts and lay people Flashcards

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1
Q

Criminal court process

A

• 2 courts : magistrates and crown
• two choices: plead guilty or not guilty
• guilty: sentenced
• not guilty: court hearing

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2
Q

Prosecution

A

• The CPS advises the police initially on which offence to charge
• Direct the police with which evidence they need to obtain
• Present the case in court to prove guilt beyond reasonable doubt

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3
Q

Defendant

A

Charged with criminal offence

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4
Q

Magistrates Court

A

• All summary cases
• Any TEW cases that can be tried in MC
• First hearing of indictable offences
• Deal with preliminary matters
• Try all youth cases

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5
Q

Crown Court

A

• Deal with all indictable and TEW cases sent from MC
• Judge sits alone to hear pre-trial matters

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6
Q

Summary offences

A

• Least serious offences
• Subdivided into different levels with maximum fines
• Level 1: £200
• Level 2: £500
• Level 3: £1000
• Level 4: £2500
• Level 5: unlimited

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7
Q

TEW offences

A

• Middle range of crimes
• Tried in either MC or CC
• Guilty plea -> MC
• Non guilty plea -> CC
• If defendant is fount guilty in MC they will be sent to CC for sentencing (if MC can not impose adequate sentence)
• CC judge can impose any sentence up to the maximum for that offence

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8
Q

Indictable offences

A

• Most serious offences
• Only tried in CC
• Non guilty plea -> jury used
• Guilty plea: Judge imposes sentence
• Impose any sentence up to maximum for that offence

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9
Q

Pre trial Summary

A

• Aimed to be completed at earliest point
• First hearing: information is taken about the defendant (over 90% plead guilty)
• Non guilty plea will lead to a trial

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10
Q

Pre trial TEW

A

• Plea before venue
• guilty -> resolved in MC
• non guilty -> mode of trial
• If the case is complex -> CC
• If CC trial is chosen, pre trial matters will take place

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11
Q

Pre trial Indictable

A

• First hearing in MC
• Further PT matters are dealt with in CC by one judge
• Prosecution must disclose any evidence they intend to use
• And any material that may undermine their case
• Defendant will give a written statement

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12
Q

MC appeals

A

• Appeal to CC
• case-stated appeals

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13
Q

MC: appeal to CC

A

• Defendant plea guilty: appeal against sentence
• CC can confirm, decrease or increase sentence
• Non guilty plea: appeal against conviction and/or defence
• They can confirm sentence/conviction or find D guilty of lesser sentence

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14
Q

Case-stated appeals

A

• Appeals on points of law that go to KBD
• Either from MC or CC
• Prosecution and defence can use this route
• 2-3 Judges hear the appeal
• KBD can confirm, vary or reverse the decision
• Fewer than 100 per year

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15
Q

Appeals from CC

A

• Appeals travel up the hierarchy: CC, COA, SC
• Appeals can be made against the sentence and/or conviction
• COA can vary the conviction to a lesser offence, decease or dismiss the appeal

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16
Q

Types of Sentencing

A

• Custodial
• Community
• Fines
• Discharges

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17
Q

Custodial sentences

A

• Most serious punishment
• Most serious criminal cases
• Can sentence: mandatory life, discretionary life, fixed term and suspended

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18
Q

Community order

A

• Offence is not serious enough for a custodial sentence
• Community service work

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19
Q

Fines

A

• Most common sentence in MC
• Must take into account the income and assets of the offender

20
Q

Discharge

A

• under the condition that offender commits no further offence for 3 years
• or when the offender is guilty but morally blameless

21
Q

Aims of sentencing

A

• Punishment
• Reduction of crime
• Rehabilitation
• Protection of the public
• Reparations to the victims

22
Q

Aims of Sentencing: Punishment

A

• Defendant deserves to be punished for offence
• Include a starting point and a range
• Set out agrivating and mitigating factors

23
Q

Sentencing: Reduction of Crime

A

• Individual deterrence: offender does not reoffend
• General deterrence: prevents others from committing the crime

24
Q

Sentencing: Rehabilitation

A

• Reform the offender and introduce them back into society
• Change offenders behaviour so they do not reoffend
• However creates inconsistency in sentencing and prejudices against offenders from poor backgrounds

25
Q

Sentencing: Protection of Public

A

• Long term sentences are the most effective way to reduce reoffending
• Must serve a minimum of 12 months
• Curfews can be put in place to protect the public
• Electronic tags can be used to track an offenders location
• Driving bans for those who commit driving offences

26
Q

Sentencing: Reparations

A

• Through compensation
• Returning stolen goods

27
Q

Factors of sentencing (courts)

A

• consider aggravating and mitigating factors to determine sentence
Main factors:
• pre-sentence reports
• medical reports
• sentencing guidelines
• reduction in sentence (guilty plea)
• offenders background

28
Q

Factors: pre-sentence report

A

• Prepared by probation service
• detail offenders background
• explain the reason crime was committed

29
Q

Factors: medical report

A

• offender may have medical or psychiatric problems, doctors evidence needed
• can reduce charges

30
Q

Factors: sentencing guidelines

A

• The Sentencing Council was created in 2010 to create consistency
• Develops guidelines
• Assessing the impact of guidelines
• Promoting awareness
• Publishing information about sentencing to the courts

31
Q

Factors: offenders background

A

• If offender has previous convictions -> aggravating factor
• No precious convictions -> mitigating
• Financial situation -> suitable to impose a fine
• Mental health issues

32
Q

Lay people

A

• Not legally qualified

33
Q

Lay Magistrates: qualifications

A

• Aged between 18-65, retiring at 70
• Must live/work near to the local justice area
• Must commit to sitting 26 half days a year (excluding training)

34
Q

Lay Magistrates: characteristics

A

• good character
• understanding
• social awareness
• maturity
• sound judgement
• commitment

35
Q

Lay Magistrates: Dis-qualifications

A

• serious criminal conviction
• undischarged bankrupts
• members of armed forces or police
• relatives of those working in criminal justice system
• hearing is impaired or physically/mentally weak
• close relatives to other magistrates on same bench

36
Q

Lay Magistrates: selection

A

•1200 new magistrates are appointed every year
• applicants must fill out an application form
• first interview reviews the 6 characteristics
• second interview tests judicial ability

37
Q

Lay Magistrates: appointment

A

• Local Advisory Committee will interview candidates

38
Q

Lay Magistrates: role

A

deals with:
• summary offences
• some TEW offences
• preliminary hearings
• some civil cases
•youth court cases

39
Q

Jurors: qualifications

A

• aged between 18-76
• on the electoral role
• a resident of the UK or for at least 5 years since 13th birthday

40
Q

Jurors: disqualifications

A

• Under a mental health order or in hospital
• Serving mandatory life
• Detained for an indefinite period of time
• Imprisoned for protection of public
• Extended sentence
• Imprisonment for 5 years or longer

41
Q

Jurors: discharge

A

• lack of capacity
• hearing impairment
• discretionary excusals
• members of the forces

42
Q

Jurors: selection

A

• selected at random from electoral role
• must notify the court if they cannot attend
• must be available to sit for 2 weeks
• jurors may be asked to sit longer

43
Q

Jurors: vetting

A

• DBS
• authorised jury checks

44
Q

Jurors: role

A

• Decide whether a defendant is guilty or not guilty
• Jury trials are only used in 1% of the cases
• give their verdict after hearing the facts of the case (including evidence)
• majority verdict (10 to 2)
• majority verdict are required due to nobbling

45
Q

Advantages: Juries

A

• provides public confidence
• concept of jury equity
• open justice system
• secrecy of decisions
• impartiality
• representative nature

46
Q

Disadvantages: Juries

A

• Perverse decisions
• Selection of juries
• Secrecy of jury room
• Events outside jury room
• Extraneous material
• Media influence
• Bias
• Use of internet
• Fraud trials
• Jury tampering
• High acquittal rates
• Process of jury service

A Level OCR Law Paper 1 section A (4 decks)

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