criminal courts and lay people

Question 1

What is the magistrates jurisdiction?

Answer 1

The magistrates’ court deals with all summary offences and some triable either-way offences. Their sentencing power is limited to 12 months and unlimited fines.

Question 2

What is the crown courts’ jurisdiction?

Answer 2

The crown court hears some triable either-way offences and all indictable offences. The judge has unlimited sentencing powers.

Question 3

What is a summary offence?

Answer 3

Summary offences are the least serious type of offence. They are tried at magistrates court.

Question 4

What is a triable either-way offence?

Answer 4

Triable either-way offences are tried at the magistrates court or the crown court depending on the circumstances of the case.

Question 5

What is an early administrative hearing?

Answer 5

Administrative matters are dealt with at the magistrates court during the early administrative hearing. Decisions like bail and legal aid are dealt with here. This is for all offences.

Question 6

What happens during a summary offence trial?

Answer 6

if the defendant pleads guilty the magistrates can sentence the defendant immediately or adjourn for a pre-sentence report to be made by the probation service. They can impose community-based sentences, fines and conditional or absolute discharges.

Question 7

What happens during a triable either-way trial?

Answer 7

There will be a “plea before venue” hearing where the defendant will enter a guilty or not guilty plea. If guilty, the magistrates will sentence or send the case to crown court if more severe punishment is needed. If not guilty, there will be a “mode of trial” hearing where the magistrates decide whether they have jurisdiction on the case. If the magistrates accept jurisdiction, the defendant can decide to be tried at the magistrates or crown court.

Question 8

What happens during a indictable offence trial?

Answer 8

Will be trialed at crown court. If they plead guilty the judge will pass sentence. If not guilty there will be a trial by jury who will decide the verdict. The judge will then pass the sentence.

Question 9

Where can the defence appeal at magistrates court?

Answer 9

can appeal to the crown court regarding the facts or the sentence, The case will be re-heard by a circuit judge and two magistrates. can appeal to the King’s bench division of high court on a point of law in the case.

Question 10

Where can prosecution appeal from Magistrates court?

Answer 10

Both defence and prosecution can appeal on a point of law to the King’s bench division at high court. If a point of general public importance it can be appealed to the supreme court.

Question 11

Where can defence appeal at crown court?

Answer 11

Under the Criminal Appeals Act 1995 the defendant can appeal if there has been an unsafe conviction. The case goes to the court of appeal if substantial new evidence and leave to appeal is provided.

Question 12

Where can prosecution appeal at crown court?

Answer 12

Under the Criminal Justice Act 1988 the Attorney-General can appeal to the court of appeal against a lenient sentence. Under the Criminal Justice Act 2003 prosecution can appeal against an aqquital. Under the Criminal Procedure and Investigations Act 1996 the case could be appealed to high court if there’s evidence of jury nobbling. A final appeal can be made to the supreme court if it involves a point of law of general public importance.

Question 13

What are the aims of sentencing?

Answer 13

The Criminal Justice Act 2004 lists the aims of sentencing as punishment of offenders, reduction of crime, reform and rehabilitation, protection of the public and reparation.

Question 14

What are the two types of deterrence and explain what they are?

Answer 14

Specific deterrent - applies to only a specific individual, It deters that particular person from re-offending. For example a custodial or a suspended sentence.
General deterrent - aimed at the public. For example if one type of crime is common in an area a high sentence will be given to deter others.

Question 15

What acts refer to reparation?

Answer 15

Section 142 of the Criminal Justice Act 2003 makes specific reference to “the making of reparation of the offenders to persons affected by their offences.”
Section 130 of the Powers of the Criminal Courts (sentencing) Act 2000 states the court must consider making a compensation order for the offender to pay to the victim of their crime.

Question 16

What is an aggravating factor and name some examples?

Answer 16

A factor which makes an offence more serious and can result in a more severe sentence being passed. Some factors could be use of a weapon, it being a hate crime or the offender having previous convictions.

Question 17

What is a mitigating factor and name some examples?

Answer 17

A factor which may result in the offender receiving a more lenient sentence. Some examples of this could be that the defendant assisted the police, a provoked attack or remorse being shown.

Question 18

When was the Sentencing council set up and what is their role?

Answer 18

The sentencing council was set up by the Coroners and Justice Act 2009. Their roles are to prepare sentencing guidelines, monitor the operation and effect of its sentencing guidelines, draw conclusions and promote awareness of sentencing to the public.

Question 19

What is discharge (sentencing)?

Answer 19

Imposed in 8% of cases and there’s 2 types:
A conditional discharge - no further action taken unless a further offence is committed in a specified time frame of up to 3 years. If they do they will be re-sentenced.
An absolute discharge - no further action taken ever.

Question 20

What is a fine?

Answer 20

A financial penalty imposed alone or in addition to another type of sentence. Used in 71% of cases. The court must take into account the seriousness of the offence and the financial means of the offender.

Question 21

What is community sentence?

Answer 21

It is an alternate to prison and can be imposed on anyone above 16. It’s used in 13% of cases. It is more effective at rehabilitating offenders. Under the Criminal Justice Act 2003 this could be unpaid work, an activity requirement, a programme requirement, a prohibited activity requirement, a curfew, an exclusion requirement, a residence requirement, a mental health treatment, drug and alcohol rehab, a supervision requirement and an attendance centre requirement.

Question 22

What are the types of custodial sentences?

Answer 22

Mandatory life sentences - The judge will set the minimum time that has to be served before the offender is eligible to be released - has to be whole-life, 30 years or 15 years.
Discretionary life sentences - The judge can set anything up to life imprisonment.
Fixed-term sentences - a set number of months or years that the offender will automatically be released after serving half.
Suspended sentence - The offender does not have to go to prison unless they commit another crime. This can vary from 6 months to 2 years.

Question 23

What are magistrates?

Answer 23

Magistrates are lay people who act as part-time judges. They work in benches of three that consist of two wingers and a chairman.

Question 24

What are the six key qualities of a magistrate?

Answer 24

1. good character
2. understanding and communication
3. social awareness
4. maturity and sound temperament
5. sound judgement
6. commitment and reliability

Question 25

What is the selection and appointment of magistrates?

Answer 25

They apply to the Local Advisory Committee (LAC.) Adverts usually are placed aimed at particular ethnic groups. There’s 2 interviews - 1 to test key qualities and 1 is a practical test with at least case studies. Lord Chief Justice then appoints the magistrates and they have to serve 13 days or 26 half-days a year.

Question 26

What is the role of magistrates in criminal courts?

Answer 26

Decide bail. Hear summary and some triable either-way trials and are responsible for sentencing and verdict. Hear mode of trial hearings for triable either-way offences and early administrative hearings for indictable offence. Can issue search and arrest warrants and extend detention periods for suspects at police stations.

Question 27

What is the role of magistrates in the youth court?

Answer 27

Have to take additional training. The panel must include one and one woman each member has to be under 65. Under the Children Act 2918 they can undertake special training to hear family cases.

Question 28

Can magistrates hear appeals?

Answer 28

They can sit in the crown court to hear appeals from the Magistrates court alongside a qualified judge.

Question 29

What is a legal advisor?

Answer 29

Must have been a solicitor/barrister for 5 years to qualify. Advise the magistrates on practice and procedure and answer questions on law. Can’t assist in the decision making.

Question 30

What are the qualifications for jury service?

Answer 30

Under the Juries Act 1974 (amended by the Criminal justice Act 2003 and Criminal courts and justice act 2015) the qualifications are listed as:
1. aged between 18 and 75.
2. registered on the electoral roll.
3. a resident of the UK for at least 5 years since your thirteenth birthday.

Question 31

How can you be deferred from jury service?

Answer 31

can be deferred under certain circumstances, if granted a deferral the person has to undertake jury service at another date within 12 months of the original summons. This decision is made by the Jury central summoning Bureau.

Question 32

How can you be excused from jury service?

Answer 32

can be given if the person is ill or elderly. Under the Criminal Justice Act 2003 the armed forces and doctors can be granted excusal with good reason.

Question 33

Who is incapable of serving in a jury?

Answer 33

unable to understand english or if you’re blind.

Question 34

Who is ineligible for serving on a jury?

Answer 34

mentally disordered people

Question 35

What act allowed police, lawyers, judges and clergy to be on the jury?

Answer 35

Criminal Justice Act 2003

Question 36

What cases were appealed together to the supreme court in 2007 after the criminal justice act 2003 and why?

Answer 36

R v Abdriokof - police officer on jury
R v Green - police officer on jury from the same area as the victim who was also a police officer
R v Williams - charged with rape and one of the jurors was a crown prosecutor.
The convictions of Green and Williams were quashed.

Question 37

Who is disqualified from jury service?

Answer 37

criminals who have received a prison sentence of 5 years are permanently disqualified. A criminal with a short custodial sentence will be disqualified for 10 years.

Question 38

What happens when you’re summoned for jury duty?

Answer 38

You will receive a letter in the post informing where you must go and when. Have to reply within 7 days. Failure to complete is a crime and punishment is a fine up to £1000. Jurors sit for 10 working days normally.

Question 39

What happens at court when you’re on jury duty?

Answer 39

The “jury in waiting” wait in the jury pool. 15 at random called when required. The names will be shuffled and 12 will be chosen for the trial.

Question 40

What is vetting?

Answer 40

the prosecution and defence can see the list of jurors and vet them via a routine police check or a wider background check in exceptional circumstances and has to have permission granted by the Attorney General. This happened during the ABC trial 1978 where the defendant was an army corporal and 2 journalists who had divulged secrets. They were charged under the Official Secrets Act 1911.

Question 41

What is jury challenging?

Answer 41

The defence and prosecution can challenge the jury under the Juries Act 1974 if they were chosen in a biased or unrepresentative way.
Romford case - 9/12 live in Romford
R v Fraser 1987 - successfully challenged when jury were all white and the defendant was an ethnic minority.
R v Ford 1989 - jury can’t be challenged because its not multi racial.

Question 42

What is challenge for cause?

Answer 42

A valid reason must be given to remove an individual jury member.

Question 43

What is Stand By for the Crown?

Answer 43

the prosecution can make sure a person will not be picked for jury except as a last resortt

Question 44

What is the role of a jury?

Answer 44

To decide the verdict. Judge can help on points of law but can’t give input. Unanimous verdicts must be aimed for but under the Criminal Justice Act 1967 majority verdicts are accepted if deliberated for over 2 hours. This is to prevent the amount of retrials. The Criminal Justice Act 2003 states that in the event of Jury nobbling a trial can be heard by the judge alone,

Question 45

Name some advantages of juries

Answer 45

1. The public participate in the justice system - we are a democracy.
2. Jury equity means that decisions can be made according to conscience rather than law. Established in Bushell’s case 1670 as it means juries can’t be pressured by a judge.
3. juries are representative of society
4. deliberations are kept secret so no external influence

Question 46

Name some disadvantages of juries

Answer 46

1. Don’t have to give reasons for their verdict
2. Don’t receive training so are amateurs.
3. May not understand the law and reach a perverse decision
4. the secrecy means there is no way to tell how a jury reached their verdict.