Criminal courts and lay people Flashcards
How many magistrates Courts are there in the UK and what is their area of jurisdiction?
There are 240 in England and Wales and they deal with local cases.
Who hears a case in the Magistrates Court?
The cases are heard by the magistrate who is assisted by a legally trained clerk.
What sentencing powers do Magistrates Courts hold?
They can add 6 months in prison per offence, fines with no limit for top range offenses and community orders and discharges.
What did LASPO do to the system of Magistrates Courts?
It increased the number of sentencing powers available which enable the courts to give higher penalties to people who have committed level 5 offences.
Give some examples of issues a Magistrates Court may deal with?
Ancillary matters such as the grant of bail, legal aid and the grant of search/arrest warrants and an extension to custody time.
How many Crown Courts are there in the UK and how many cases do they deal with per year?
There are 90 Crown Courts in England and Wales which deal with 80’000 cases every year.
What types of cases do Crown Courts hear?
Triable either way offences, all indictable offences and appeals from the magistrates court.
What sentencing powers does the Crown Court have?
They have unlimited sentencing powers subject to statutory guidelines.
What are the three types of offences?
1) Summary Offences - Less serious offences tried in Magistrates Court.
2) Triable either way offences - middle range offences and can be tried in the Magistrates or the crown court.
3) Indictable offences - More serious crimes tried in the Crown court but first heard in the magistrate.
What are the Trial procedures in Summary Offences?
better case management so that a case can be completed as quickly as possible. If the defendant pleads guilty the Magistrate will decide upon a punishment there and then.
What happens if the defendant pleads not guilty in a Summery Offence?
Early administrative hearing happens, they will then enquire about legal aids, medical needs and the issue of bail and custody.
What can the magistrate do if the defendant pleads guilty in a triable either way offence?
The defendant has no right to ask to go the crown court, the judge can decide whether to sentence in the magistrates or pass it onto the crown court.
What can the magistrate do if the defendant pleads not guilty in a triable either way offence?
They implement S19 of the magistrates court act 1980 in which the magistrate must consider the seriousness and their own powers of punishment.
Under what circumstances does a triable either way crime go to the crown court?
When it has been carried out by an organized gang, crimes where there was a breach of trust by the defendant.
What are the two defenses in the magistrates Court?
Appeals to the crown court or appeal to the King’s bench divisional Court.
Under what circumstances can someone appeal to the crown court?
They can appeal a conviction if they pleaded not guilty or they may appeal their sentence regardless of whether they pleaded not guilty or guilty. There is an automatic right to appeal.
How will the Crown Court deal with an appeal?
They may confirm the decision of the magistrate, reverse the decision, change the crime of conviction and increase or reduce the sentence.
Under what circumstances can someone appeal to the King’s bench?
Defendant may appeal on a point of law, the magistrate came to the wrong decision as they made a mistake with the law, may appeal against a conviction.
How will the King’s bench deal with an appeal?
They may confirm a decision, reverse a decision, change crime of conviction or give advice on the area of law and return the case to the Magistrate.
What does it mean for the prosecution to appeal against a Judge’s ruling?
Trial judges give a ruling on a point of law which stops the case then prosecution can appeal - Criminal Justice Act 2003.
What does it mean for the prosecution to appeal against an acquittal? (1)
If the jury or witnesses were nobbled, the Criminal Procedure and investigations act allows the appeal to quash the acquittal and start a re-trial.
What does it mean for the prosecution to appeal against an acquittal? (2)
Where there is new evidence of guilt - power given The Criminal Justice Act 2003 - only available to indictable offences.
Referring a point of Law?
S36 Criminal Justice Act 1972 - Where the judge has made an error in explaining a point of law to the jury.
Which act sets out the aims of sentencing?
The Criminal Justice Act 2003 S142 sets out 6 aims of sentencing.
What is Retribution?
Offender deserves punishing for their act, It does not seek to reduce crime or alter an offender’s future behaviour, based on the idea of proportionality.
What sets out the rules on Retribution?
Each offence should have a certain level of tariff or sentencing.
The Sentencing Guidelines Council produces said guidelines.
What is Deterrence?
Individual deterrence aimed at one offender to stop them from reoffending, e.g. a prison sentence.
Give an example of general deterrence?
Very severe instances of drink driving.
What is Reform and rehabilitation of offenders?
Main aim to is reform the offender and rehabilitate them back into society, hoping that the offenders behaviour will be altered.
What kind of cases is rehabilitation mostly used for?
Prominent with community sentences e.g. alcohol and drug crimes.
What is the Protection of the public?
Public protected from dangerous offenders, life imprisonment given to serious/violent offences.
Protection of the Public: Section 225 Criminal Justice Act 2003?
Life imprisonment can be imposed if offender has commit a serious violent or sexual offence and there is a significant risk of harm to the public.
Protection of the public for less serious offences?
For example dangerous drivers can be disqualified from driving.
What is Reparation?
Compensating the victim by ordering the offender to pay money or return stolen property - S130 of the Powers of Criminal Courts Act 2000.
What is denunciation?
Society expresses its disapproval of a crime. The sentence should indicate to the offender that society condemns the behaviour.
Give an example of denunciation?
Reinforces the moral boundaries of acceptable conduct within society.
Drink driving is now acceptable.
S143(1) of The Criminal Justice Act 2003?
Courts must consider the offender’s culpability in committing the offence and any harm caused e.g. aggravating and mitigating factors.
List the Aggravating factors?
- Previous convictions for offences of a similar nature.
- The D was on bail when the offence was committed.
- When the offence was committed it was motivated by, or demonstrating towards, a person who falls into a protected characteristics.
- The offender is operating as part of a gang.
- The offender has deliberately targeted a vulnerable victim.