Criminal courts and lay people Flashcards
Criminal court process
• 2 courts : magistrates and crown
• two choices: plead guilty or not guilty
• guilty: sentenced
• not guilty: court hearing
Prosecution
• 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
Defendant
Charged with criminal offence
Magistrates Court
• 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
Crown Court
• Deal with all indictable and TEW cases sent from MC
• Judge sits alone to hear pre-trial matters
Summary offences
• 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
TEW offences
• 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
Indictable offences
• 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
Pre trial Summary
• 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
Pre trial TEW
• 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
Pre trial Indictable
• 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
MC appeals
• Appeal to CC
• case-stated appeals
MC: appeal to CC
• 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
Case-stated appeals
• 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
Appeals from CC
• 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
Types of Sentencing
• Custodial
• Community
• Fines
• Discharges
Custodial sentences
• Most serious punishment
• Most serious criminal cases
• Can sentence: mandatory life, discretionary life, fixed term and suspended
Community order
• Offence is not serious enough for a custodial sentence
• Community service work
Fines
• Most common sentence in MC
• Must take into account the income and assets of the offender
Discharge
• under the condition that offender commits no further offence for 3 years
• or when the offender is guilty but morally blameless
Aims of sentencing
• Punishment
• Reduction of crime
• Rehabilitation
• Protection of the public
• Reparations to the victims
Aims of Sentencing: Punishment
• Defendant deserves to be punished for offence
• Include a starting point and a range
• Set out agrivating and mitigating factors
Sentencing: Reduction of Crime
• Individual deterrence: offender does not reoffend
• General deterrence: prevents others from committing the crime
Sentencing: Rehabilitation
• 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
Sentencing: Protection of Public
• 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
Sentencing: Reparations
• Through compensation
• Returning stolen goods
Factors of sentencing (courts)
• consider aggravating and mitigating factors to determine sentence
Main factors:
• pre-sentence reports
• medical reports
• sentencing guidelines
• reduction in sentence (guilty plea)
• offenders background
Factors: pre-sentence report
• Prepared by probation service
• detail offenders background
• explain the reason crime was committed
Factors: medical report
• offender may have medical or psychiatric problems, doctors evidence needed
• can reduce charges
Factors: sentencing guidelines
• 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
Factors: offenders background
• If offender has previous convictions -> aggravating factor
• No precious convictions -> mitigating
• Financial situation -> suitable to impose a fine
• Mental health issues
Lay people
• Not legally qualified
Lay Magistrates: qualifications
• 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)
Lay Magistrates: characteristics
• good character
• understanding
• social awareness
• maturity
• sound judgement
• commitment
Lay Magistrates: Dis-qualifications
• 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
Lay Magistrates: selection
•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
Lay Magistrates: appointment
• Local Advisory Committee will interview candidates
Lay Magistrates: role
deals with:
• summary offences
• some TEW offences
• preliminary hearings
• some civil cases
•youth court cases
Jurors: qualifications
• aged between 18-76
• on the electoral role
• a resident of the UK or for at least 5 years since 13th birthday
Jurors: disqualifications
• 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
Jurors: discharge
• lack of capacity
• hearing impairment
• discretionary excusals
• members of the forces
Jurors: selection
• 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
Jurors: vetting
• DBS
• authorised jury checks
Jurors: role
• 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
Advantages: Juries
• provides public confidence
• concept of jury equity
• open justice system
• secrecy of decisions
• impartiality
• representative nature
Disadvantages: Juries
• 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
