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Section A Law > Criminal courts and lay people > Flashcards

Criminal courts and lay people Flashcards

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1
Q

How many magistrates Courts are there in the UK and what is their area of jurisdiction?

A

There are 240 in England and Wales and they deal with local cases.

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2
Q

Who hears a case in the Magistrates Court?

A

The cases are heard by the magistrate who is assisted by a legally trained clerk.

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3
Q

What sentencing powers do Magistrates Courts hold?

A

They can add 6 months in prison per offence, fines with no limit for top range offenses and community orders and discharges.

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4
Q

What did LASPO do to the system of Magistrates Courts?

A

It increased the number of sentencing powers available which enable the courts to give higher penalties to people who have committed level 5 offences.

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5
Q

Give some examples of issues a Magistrates Court may deal with?

A

Ancillary matters such as the grant of bail, legal aid and the grant of search/arrest warrants and an extension to custody time.

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6
Q

How many Crown Courts are there in the UK and how many cases do they deal with per year?

A

There are 90 Crown Courts in England and Wales which deal with 80’000 cases every year.

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7
Q

What types of cases do Crown Courts hear?

A

Triable either way offences, all indictable offences and appeals from the magistrates court.

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8
Q

What sentencing powers does the Crown Court have?

A

They have unlimited sentencing powers subject to statutory guidelines.

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9
Q

What are the three types of offences?

A

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.

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10
Q

What are the Trial procedures in Summary Offences?

A

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.

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11
Q

What happens if the defendant pleads not guilty in a Summery Offence?

A

Early administrative hearing happens, they will then enquire about legal aids, medical needs and the issue of bail and custody.

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12
Q

What can the magistrate do if the defendant pleads guilty in a triable either way offence?

A

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.

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13
Q

What can the magistrate do if the defendant pleads not guilty in a triable either way offence?

A

They implement S19 of the magistrates court act 1980 in which the magistrate must consider the seriousness and their own powers of punishment.

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14
Q

Under what circumstances does a triable either way crime go to the crown court?

A

When it has been carried out by an organized gang, crimes where there was a breach of trust by the defendant.

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15
Q

What are the two defenses in the magistrates Court?

A

Appeals to the crown court or appeal to the King’s bench divisional Court.

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16
Q

Under what circumstances can someone appeal to the crown court?

A

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.

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17
Q

How will the Crown Court deal with an appeal?

A

They may confirm the decision of the magistrate, reverse the decision, change the crime of conviction and increase or reduce the sentence.

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18
Q

Under what circumstances can someone appeal to the King’s bench?

A

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.

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19
Q

How will the King’s bench deal with an appeal?

A

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.

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20
Q

What does it mean for the prosecution to appeal against a Judge’s ruling?

A

Trial judges give a ruling on a point of law which stops the case then prosecution can appeal - Criminal Justice Act 2003.

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21
Q

What does it mean for the prosecution to appeal against an acquittal? (1)

A

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.

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22
Q

What does it mean for the prosecution to appeal against an acquittal? (2)

A

Where there is new evidence of guilt - power given The Criminal Justice Act 2003 - only available to indictable offences.

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23
Q

Referring a point of Law?

A

S36 Criminal Justice Act 1972 - Where the judge has made an error in explaining a point of law to the jury.

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24
Q

Which act sets out the aims of sentencing?

A

The Criminal Justice Act 2003 S142 sets out 6 aims of sentencing.

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25
Q

What is Retribution?

A

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.

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26
Q

What sets out the rules on Retribution?

A

Each offence should have a certain level of tariff or sentencing.

The Sentencing Guidelines Council produces said guidelines.

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27
Q

What is Deterrence?

A

Individual deterrence aimed at one offender to stop them from reoffending, e.g. a prison sentence.

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28
Q

Give an example of general deterrence?

A

Very severe instances of drink driving.

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29
Q

What is Reform and rehabilitation of offenders?

A

Main aim to is reform the offender and rehabilitate them back into society, hoping that the offenders behaviour will be altered.

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30
Q

What kind of cases is rehabilitation mostly used for?

A

Prominent with community sentences e.g. alcohol and drug crimes.

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31
Q

What is the Protection of the public?

A

Public protected from dangerous offenders, life imprisonment given to serious/violent offences.

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32
Q

Protection of the Public: Section 225 Criminal Justice Act 2003?

A

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.

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33
Q

Protection of the public for less serious offences?

A

For example dangerous drivers can be disqualified from driving.

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34
Q

What is Reparation?

A

Compensating the victim by ordering the offender to pay money or return stolen property - S130 of the Powers of Criminal Courts Act 2000.

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35
Q

What is denunciation?

A

Society expresses its disapproval of a crime. The sentence should indicate to the offender that society condemns the behaviour.

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36
Q

Give an example of denunciation?

A

Reinforces the moral boundaries of acceptable conduct within society.

Drink driving is now acceptable.

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37
Q

S143(1) of The Criminal Justice Act 2003?

A

Courts must consider the offender’s culpability in committing the offence and any harm caused e.g. aggravating and mitigating factors.

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38
Q

List the Aggravating factors?

A
  • 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.
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39
Q

List of Mitigating factors?

A
  • If an offender co-operates with the police and admits guilt at the earliest possible opportunity.
  • Mental Illness.
  • No previous convictions.
    -Showing genuine remorse.
  • Playing a minor part.
40
Q

Other factors considered: Pre Sentencing Reports?

A

Prepared by the Probation Service. The court does not have to consider this report. The report is on how the offender committed the crime and his personal circumstances.

41
Q

Other factors considered: Medical Reports?

A

The offender has any physical or mental health problems, courts may ask for a medical report from the doctor. The Mental Health Act.

42
Q

What is a custodial offence?

A

Most serious offence, S152 Criminal Justice Act 2003 states that the court must not pass a custodial sentence unless the offence was so serious that a fine or community order would not be sufficient.

43
Q

What is a mandatory Life Sentence?

A

Only sentence available for murder.
S269 Criminal Justice Act 2003 allows the judge to give a life sentence for murder state the minimum number of years allowed for the sentence to become elegible for release, minimum is 12 years.

44
Q

In what circumstances is a whole life sentence given?

A

Murder of two or more people which involved pre meditation, or sexual or sadistic content.

45
Q

What are discretionary life sentences?

A

Offences such as murder manslaughter and rape all carry maximum sentences but the judge does not have to impose it, can give a lesser sentence.

46
Q

Give an example of discretionary life sentences?

A

S18 Offences against the Person Act 1861 establishes that the judge has the discretion to impose a life sentence.

47
Q

What is an extended determinate sentence?

A

Introduced by LASPO, An extended sentence can be imposed if the offender is dangerous and has been convicted of a specified offence such as a sexual or violent act.

48
Q

What are fixed Term sentences?

A

Depends on several factors such as maximum sentence available for that crime, seriousness of crime and D’s previous record. Could possibly serve half of their sentence if they behave well.

49
Q

What are suspended Sentences?

A

An adult offender may be given a suspended sentence of up to two years, if during this time the defendant does not commit any more offences the sentence will not be served, if not the prior sentence will be applied.

50
Q

What are Minimum Sentences?

A

There is a minimum of 7 years for anyone over 18 convicted of dealing drugs 3 times, three years for someone who committed burglary 3 times.

51
Q

What are Home Detention Curfews?

A

Fixed term offenders serving between 3 months and 4 years may be released between 15 days and 4 and a half months early to help them re=integrate back into society.

52
Q

Non - Custodial adult sentences: S177 Criminal Justice Act 2003?

A

Created one community order and allowed the courts to mix and match any number of the following rehabilitations and restrictions on the offender.

53
Q

What is Unpaid Work?

A

Offender works 40-300 hours in a project organised by the probation service.

54
Q

What is Exclusion requirment?

A

Stops the offender from doing something that may lead to a crime. E.g. person convicted of doing criminal damage banned from carrying paint.

55
Q

What is curfew?

A

Offender remains at a fixed address for 2-16hrs in a 24 hour period, can be enforced through electronic monitoring, can last up to 6 months.

56
Q

What can the courts offer for alcohol and drugs?

A

Rehabilitation.

57
Q

What is a supervision requirement?

A

Required to attend regular appointments with probation, work to change attitudes to prevent them from re-offending.

58
Q

What is a residence requirement?

A

Must live in a particular place, may be your own home, someone else’s or a probation hostel, cannot move somewhere else until the sentence says so.

59
Q

What is conditional discharge?

A

Courts can discharge the offender on the basis that they wont re-offend within the next 3 years.

60
Q

What is a disqualification from driving?

A

Courts can impose this as well as another offence, drink driving carries maximum 12 months, previous drink driver maximum 3 years.

61
Q

Qualifications needed for a lay magistrate: Age?

A

Applicants must be between 19-65 to be appointed and are required to retire at 70.

62
Q

Qualifications needed for a lay magistrate: Location?

A

The country is divided up into regions and the magistrates work within their local area. 2003 Courts act abolished the need to live within 15 miles.

63
Q

Qualifications needed for a lay magistrate: Days of work?

A

They are expected to sit for 26 days a year.

64
Q

Qualifications needed for a lay magistrate: Which people are disqualified?

A

Police Officers, traffic wardens, probation officers, members of immediate family, armed forces, serious criminal convictions, undischarged bankruptcy.

65
Q

Selection of Lay Magistrates: How many new magistrates are appointed each year and who reviews them?

A

There are 700 per year, they will respond to an advertisement on the government website. The Local Advisory Council will then choose who to interview.

66
Q

Selection of Lay Magistrates: First Interview?

A

Will focus on personal qualities to ensure they have the 6 key ones. Good character, understanding and communication, social awareness, maturity and sound temperament, sound judgment and commitment.

67
Q

Selection of Lay Magistrates: Second Interview?

A

Testing potential judicial aptitude. Sentencing and Trial exercises and considers various case studies.

68
Q

Selection of Lay Magistrates: Background Checks?

A

Various things may be investigated such as criminal records and political views.

69
Q

Appointment of Lay Magistrates: Justices of Peace 1997?

A

Lay magistrates are appointed by the Lord Chancellor on the Advice of The Local Advisory Council on behalf of the Queen.

70
Q

Appointment of Lay Magistrates: Review of Applicants?

A

Both The Local Advisory Council and the Lord Chancellor try and ensure a balanced bench in terms of age, gender, ethnic background and occupation.

71
Q

Appointment of Lay Magistrates: Section 7 and 8 of The Courts Act 2003?

A

Magistrate appointed to particular local justice area, they are then sworn in by senior circuit judge.

72
Q

Role of the Magistrates: How many cases do they see?

A

They see 95% of all cases and deal with another 3% at preliminary level.

73
Q

Role of the Magistrates: How do they deal with preliminary matters?

A

They deal with bail and custody issues, Bail Act 1976 establishes that they decide whether to grant defendant bail or hold them in custody.

74
Q

Role of the Magistrates: What do they do in regards to funding?

A

They can grant or extend Legal representation certificates, defendants application to legal aid.

75
Q

Role of the Magistrates: Crown Court?

A

They will sit in crown court cases where an appeal from the magistrates is being held.

76
Q

Role of the Magistrates: Dealing with young offenders?

A

Specially trained panel to deal with people aged 10-17, panel must include one man and one woman.

77
Q

Role of the Magistrates: Dealing with family cases?

A

Will hear cases on domestic violence and applications in connection with children.

78
Q

What makes you qualified to be a member of the jury?

A

Juries Act 1974 amended by Criminal Justice Act 2003 - Have to be between ages of 18-70, on the electoral register, resident of the UK for 5 years (beyond age of 13) and must sit unless disqualified or excused.

79
Q

What disqualifies you for life from being a member of the jury?

A

If imprisoned for life or with a sentence of more than 5 years.

80
Q

What disqualifies you for 10 years from being in the jury?

A

Imprisonment at any time in the last 10 years, or suspended sentence, or community order, disqualified whilst on bail.

81
Q

Who are ineligible for Jury service?

A

People with certain health issues (not automatically ineligible), people that cannot speak or understand English, those with a disability that would stop them carrying out a role and deafness.

82
Q

What are the discretionary excuses?

A

Too ill, can be excused for a ‘good reason’ e.g. exam holiday or wedding. Commanding officer can defer if they are needed elsewhere in the armed forces.

83
Q

How do the courts deal with a discretionary excuse?

A

An application is made to the Jury central summoning bureau and they usually defer to a period within 12 months.

84
Q

Who is responsible for summoning people for the jury?

A

Each crown court has someone responsible for summoning enough jurors for two weeks worth of cases to be held, people are chosen from the electoral register every fortnight. Summons are sent out electronically and 150 people are chosen usually. Those summoned should notify if they cannot attend.

85
Q

How many are chosen to enter the courtroom and what is the following procedure?

A

15 people are chosen to enter the court, they are then shown a DVD about behaviour in court and why they cannot discuss cases with others, the clerk then selects 12 at random.

86
Q

What happens once the 12 jurors are chosen?

A

They come before the court and are sworn in, both the prosecution and the defence have the right of challenge.

87
Q

What is a challenge to the array?

A

Challenging the way in which the jury has been selected, This right is given by S5 of the Juries act 1974, it is a challenge to the whole jury and the way it has been selected.

Romford Jury - all jurors live near each other.

88
Q

What is a challenge for cause?

A

Connection with case incapacity, challenging the right of an individual as they may know someone connected to the case.

R v Wilson - Jury member was wife of a prison officer connected to the case.

89
Q

What is a prosecution right of stand?

A

Only prosecution has this right, allows individual juror to be stood down and put at the end of the list, Prosecution does not have to give reason for this.

90
Q

What may the prosecution and defence once the list of potential jurors is known?

A

They can ask that the potential candidates are vetted for suitability.

91
Q

Who else can check the suitability of a juror?

A

The police carry out routine checks to eliminate those who are disqualified.

The Attorney General can check the background and political views in extraordinary circumstances.

92
Q

What is step 1 of a jurors role?

A

Juries are used in crown court trials where defendant pleads not guilty. Only used in 2% of crown court cases and they decide upon facts and verdicts.

93
Q

What is step 2 of a jurors role?

A

Juries listen to evidence presented to them throughout the trial, including evidence by witnesses and speeches from barristers. They can question witness through a judge. Decide on questions of fact.

94
Q

What is step 3 of the jurors role?

A

At the end of the case the judge will advise them on questions of law and sum up the case.

95
Q

What is step 4 of the jurors role?

A

At the end of the trial they go to the jury room and discuss the case in secret to come to a unanimous decision, decides if guilty or not guilty. Contempt of Court Act 1981 - It is illegal to disclose anything that happens in the jury room.

Jury must reach unanimous verdict, if 2 hours have passed judge can push for majority.

96
Q

What is step 5 of the jurors role?

A

Majority verdict 10-2 and 11-1 were introduced in Criminal Justice Act 1967.

97
Q

What is step 6 of the jurors role?

A

They do not have to give any reasons for their decisions.

Section A Law (5 decks)

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