criminal courts and lay people Flashcards
what are the two criminal courts of first instance?
-the magistrates court
-the crown court
what are the three key criminal processes in the criminal courts system?
-being charged with a crime (bail and remand)
-trial in the magistrates courts and/or crown court
-the CPS
what happens when a person is charged with a crime?
-theyre given a charge sheet which outlines the offence(s) they’re being charged with
-police decide whether or not they can go home until the trial (bail) or should be kept in custody until their first hearing
what is bail?
a form of security, either a sum of money or a promise in exchange for the freedom of an arrested person, as a guarantee they will appear in court
what is a rebuttable presumption?
a conclusion that a judge will take in court unless the opposite point is raised and proven
-theres a rebuttable presumption that bail should be granted under s4 of the Bail Act 1976
who can issue bail?
the police, or any court which the defendant appears
what are some conditions that can be applied to bail?
-living at a particular address
-don’t contact certain people
-give your passport to the police so you can’t leave the UK
-report to the police station at specific agreed times each week
when can bail be refused?
if there are sufficient grounds
-can be refused upon arrest but granted later in court and vice versa
what is remand?
if bail is refused the person has to go to prison until their first hearing
what are the key functions of the magistrates court?
-tries summary offences and most triable either-way offences
-sentences guilty defendants (powers are limited but reflect the seriousness of crimes)
-deals with first hearings of indictable offences
-grants/refuses bail in summary or either way trials
-tries cases in the youth court for defendants aged 10-17
-97% of all criminal cases are heard here, more than 90% are concluded here
what are the functions of the crown court?
-deal with the most serious, indictable offences and some either-way offences
-deals with appeals from magistrates
-normally has a jury for the verdict and a judge for the sentence
what is the CPS?
-crown prosecution service
-responsible for prosecuting most criminal cases in England and Wales
-decides which cases are to be prosecuted
-determines the most appropriate offences to charge the defendant with
-prepares cases and presents them in court
what is the two-fold test under the code for crown prosecutors?
-the evidential burden test (must be sufficient evidence)
-the public interest stage test (prosecution must be in the public interest)
what are some factors that would influence the CPS to prosecute?
-a premeditated decision to commit a crime
-use of a weapon
-defendant was in a position of authority or trust
-vulnerability of the victim
-defendant has previous convictions
what are the three classifications of criminal offences?
-indictable
-triable either-way
-summary
what are indictable offences?
-initially heard at magistrates court then transferred to crown court for the trial
-eg murder, manslaughter, robbery, s18
-sentencing powers of up to the maximum set by each offence
what are triable either-way offences?
-plea before magistrates or crown court
-eg theft, s20, s47
-sentencing powers of up to the maximum sentence
what are summary offences?
-tried in the magistrates court
-assault, minor criminal damage
-sentencing powers of up to 6 months imprisonment for a single offence or 12 months for 2+ offences and/or a fine of up to £5k
when must an appeal be made?
-within 28 days after the conviction (for appealing conviction) or sentence (for appealing sentence)
how do appeals from magistrates to crown work?
-available only to the defence
-available against sentence and/or conviction
-appeal heard by a panel of a single circuit judge and two magistrates
-generally no further appeal possible, but can appeal to kings bench divisional court on a point of law, or to the supreme court
-can either quash appeal, confirm appeal or remit a case back to magistrates
how do appeals from magistrates to kings bench divisional court work?
-pros and def
-appeal on a point of law
-heard by 2/3 high court judges, may include a CofA judge
-possible further appeal to SC on point of law of general public importance
-quash, confirm or remit
appeal from CC (defendant)
-rare against sentence/conviction
-heard in CofA within 6 weeks, can hear new evidence
-rare appeal to SC on point of law of general public importance
-quash or confirm
appeal from CC (prosecution)
-against acquittal of d or lenient sentence
-heard in CofA
-same rare appeal
-quash or confirm
what are the 4 main types of sentence
-imprisonment
-community sentences
-fines
-discharges (being brought to court is enough)
who are lay peopl
legally unqualified
-magistrates
-juries
magistrates roles
-sit in benches of 3
-listen to evidence and follow guidelines in decision making
-try summary and TEW offences
-sentence guilty or direct to CC
-preliminary hearings
magistrates powers
-absolute/cjonditional discharge
-custodial sentence
-suspended sentence
-community order
-fine
-compensation
-disqualified/banning order
jury roles
-cc panel of 12
-decide verdict
-decide facts of case
-listen to judge
-act independently
advantages of juries
-public confidence
-upholds democracy and freedom of will
