criminal courts and lay people Flashcards
e.g. different courts, verdicts, form of trial and judge
explain the criminal process
- heard in magistrates or crown court
- pleads guilty: receive a sentence
- pleads not guilty: trial, burden of proof on prosecution
- trial is adversarial *(prosecution/defence crossexamin) *
- guilt is decided by district judge or lay magistrates or jury
160 in england and wales
explain the jurisdiction of the magistrates’ court
*e.g. cases they deal with and who they’re heard by
- deal with cases with their geographical area
- heard by magistrates (legally or non-legally qualified)
jurisdiction:
1. summary cases
2. triable either way cases
3. first hearing of indictable offences before crown
4. preliminary matters with criminal cases
5. cases in Youth Court, aged 10-17
84 different locations throughout england and wales
explain the jurisdiction of the crown court
e.g. cases they deal with, how it’s heard, what the judge does
- deals with all indictable offences and some triable either way
- sits alone to hear pre-trial matters, jury decides verdict
what the judge does:
1. control court
2. rule on relevant issues of law
3. direct jury on law and evidence
4. impose a sentence if defendant is guilty
describe the role of the prosecution
- CPS advises police on offence to charge
- lawyers direct police on evidence
- lawyers present case and prove D guilty beyond reasonable doubt
offence, evidence and guilt
describe the role of the defendant
- person charged with criminal offence
- don’t have to disprove prosecution case
- have to cast sufficient doubt on prosecution
offender, no proving, sufficient doubt
e.g. seriousness, court it’s heard in, levels and examples
explain a summary offence
- least serious offence, tried in magistrates
- level 1: max £200, level 5: unlimited
- example: common assault, drunk and disorderly
e.g. court it’s heard in, difference in verdict and examples
explain a triable either way offence
- heard in either magistrates or crown court
- magistrates take it as summary, send it to crown
- crown treat it as an indictable offence
- example: ABH, theft of property over £200
e.g. seriousness, court it’s heard in, sentencing and examples
explan an indictable offence
- most serious and only tried in crown court
- preliminary in magistrates, NG = jury, G = judge
- impose any sentence up to max that’s in the Act
- example: murder, manslaughter and robbery
over 90% of D plead guilty in magistrates
explain the pre-trial procedures for summary offences
e.g. explain case management system
- magistrates consider sentence if pleaded guilty, hearing of brief facts before deciding sentence
- minor driving offences, D plead guilty by post
- D pleads NG, magistrates discover issues, set a date for trial
set out in Magistrates’ Courts Act 1980
explain the pre-trial procedures for triable either way offences
e.g. plea before venue and mode of trial
plea before venue: D can’t request crown
- G: heard by magistrates, sentencing hearing
- NG: magistrates decide where case is heard
mode of trial: how to decide appropriate court
- if case invovles complex points of law, breach of trust, offences committed by organised gangs
e.g. first hearing, PTPH, indictiment, disclosure by P and D
explain the pre-trial procedures for indictable offences
first hearing: magistrates establish D’s identity
- bail vs custody and if D receives legal aid
PTPH: plea and trial preparation hearing
- takes plea, sets trial date, timetable for pre-trial preparation and provision for further case management
indictiment: sets out charges against D
- drawn up for further offences or has several counts
disclosure:
- prosecution: set out all evidence, undisclosed material
- defence: nature of defence, matters of fact, points of law, any alibi/witnesses
only available to defence
explain appeals from magistrates to crown court
e.g. difference in pleas
- G: appeal only made about sentence, can be increased or decreased but only increased to mag’s MAX power
- NG: appeal made against conviction or sentence, hold a rehearing, can confirm/vary/find them guilty/lessen sentence
case: C V DPP went all the way to supreme court
explain case-stated appeals
e.g. type of appeals, who can use it and decision
- appeals on point of law straight to KBD
- used for both prosecution and defence
- court may confirm, reverse or vary the decision
CC - CA - SC
explain appeals from the defendant in the crown court
e.g. appeals, leave, CAA 1995 and new evidence
- appeals: against conviction and/or sentence
- leave: decided by single judge, filter out cases without merit and save time
- CAA 1995: “if conviction is unsafe”, D denied fair trial
- evidence: appear capable of belief, whether it would be admissable at trial, why it wasn’t produced at trial
e.g. 5 different powers
explain the court of appeal’s powers
1. allow an appeal, quash a conviction
2. vary conviction to lesser offence
3. decrease sentence imposed (not increase)
4. dismiss appeal
5. order a retrial in front of a new jury
allow, vary, decrease, dismiss or retrial
limited rights to appeal
explain appeals by the prosecution against an acquittal
1. result of jury being ‘nobbled’
2. new and compelling evidence, public interest for retrial (double jeopardy)
- criminal justice act 2003, available for 30 serious offences
s36 of criminal justice act 1988
explain appeals by the prosecution against a sentence
- attorney-general can apply for leave due to unduly lenient sentence
- brought up by the CPS or a member of public
fewer than 20 criminal appeals heard by supreme court each year
explain further appeals that can be made by prosecution or defence
- need to have case certified (involve point of law)
- get leave to appeal from Supreme Court or COA
- appeal against conviction or acquittal
- appeal consists of legal arguments
punishment, deterrence, rehabilitation, protection & reparations
explain the 5 aims of sentencing
- punishment: revenge, deserved, “eye for an eye”
- deterrence: individual and general
- rehabilitation: alter behaviours, individualised
- protection: LASPO, custodial, curfews
- reparations: compensate victim
