Criminal courts and lay people

Question 1

What are summary offences + example ?

Answer 1

They are low serious crimes eg speeding

They offer a £5,000 fine and 6 months max sentence

Question 2

What courts are summary offences trialed in?

Answer 2

magistrates courts

Question 3

What are triable either way offences+ example ?

Answer 3

Medium seriousness crimes eg theft

Question 4

How do you decide what court triable either way offences are decided in ?

Answer 4

Plea before venue ( guilty/not guilty)
D decides unless court refuses to hear the case ( too serious)

Question 5

What are indictable offences+ example ?

Answer 5

Serious offences eg murder
Fine is unlimited and maximum prison sentence is life

Question 6

what courts are indictable offences trialed in ?

Answer 6

crown courts

Question 7

What are 3 reasons why a D or P might want to appeal a conviction ?

Answer 7

on conviction- where the D is found guilty they can get another court to review the act
on sentence- D may appeal if they believe the sentence is too high, P may appeal if they believe the sentence is too lenient
on point of law- Either P or D can challenge where they believe the rules of law haven’t been used properly

Question 8

What is Retribution ?

Answer 8

When it is recognized that a victim has done wrong and therefore taking revenge on behalf of society eg life sentence for murder

Question 9

What is incapacitation ?

Answer 9

Making an offender incapable of re-offending eg electric tagging

Question 10

What is deterrence ?

Answer 10

Ensures offenders or future offenders do not offend again through fear of future punishment

Question 11

What is rehabilitation ?

Answer 11

It reforms an offender and rehabilitates them back into society eg drug rehab

Question 12

What is reparation ?

Answer 12

When an offender compensates a victim through money or returning a stolen item

Question 13

What is an aggravating factor of a crime + examples ?

Answer 13

Factors that can make the crime more severe

eg previous convictions, victim was vulnerable etc.

Question 14

What is a migrating factor of a crime + examples ?

Answer 14

Factors that may lessen the sentence of a crime

eg Addiction, D’s first offence etc.

Question 15

What is the role of a magistrate ?

Answer 15

Try 97% of cases
Decide whether the defendant gets bail pleads guilty
Commits cases to crown court for sentencing

Question 16

What is the role of a jury ?

Answer 16

Based in the crown court
Try 1% of cases
Base decisions on evidence + judges explanations
Go to private jury room to make decision

Question 17

What are the advantages of having a jury ?

Answer 17

Panel of 12- creates fairness and cancels out bias
Jury equity- Do not need have to follow legal precedents or acts so can base the decision on fairness

Question 18

What are the disadvantages of having a jury ?

Answer 18

Media-influence- Media coverage may influence decisions especially in highly broadcasted cases
Fraud trials- Trials + evidence needed is considered complex so jury’s may find this complex as the are not legal professionals