Criminal courts and lay people Flashcards
1
Q
How many cases do magistrates hear?
A
94% of all criminal cases
2
Q
Where are indictable offences transferred to?
A
Crown court
3
Q
How many are on a bench in a magistrates court?
A
2 or 3
4
Q
What is a magistrate?
A
An unpaid part time judge
5
Q
How many magistrates are there?
A
16,000
6
Q
What type of offences do magistrates hear?
A
Summary
Triable either way
7
Q
What do the magistrates decide?
A
The verdict
Guilty or not guilty
8
Q
What is the maximum sentence a magistrate can give?
A
6 months but can do two seperate offence so 1 year in total
9
Q
What do magistrates do for sentencing?
A
Pass the sentence
10
Q
Where will they send someone if a magistrate doesn’t have enough sentencing power?
A
Crown court
11
Q
What are the 3 types of preliminary hearings?
A
Early administrative hearing
Bail applications
Remand hearings
12
Q
What is an early administrative hearing?
A
Handle non guilty pleas where the magistrates will hear the case before deciding where the venue of the hearing will be
13
Q
What are bail applications?
A
When the defendant had been charged, the defendant can apply for bail which the court may grant
14
Q
What is a remand hearing?
A
You will go to prison until your trial begins
15
Q
What is a youth court?
A
Cases that deal with youth offenders 10-17
16
Q
What do magistrates need to judge in a youth court?
A
Specially trained to deal with young offenders
17
Q
What two magistrates must there be in a youth court?
A
At least one man and one woman
18
Q
Where do magistrates hear appeals?
A
In the crown court
19
Q
Who must be on the panel in a crown court for a magistrates appeal?
A
Two magistrates with a qualified judge
20
Q
What do magistrates decide for an appeal?
A
Pass the verdict and judge will sentence if required
21
Q
What are administrative hearings?
A
Magistrates hearing warrant applications
Extend a suspects detention period
22
Q
What is a magistrates clerk?
A
A legal advisor who has been a qualified solicitor or barrister for at least 5 years
23
Q
What do magistrates clerk do?
A
Guide on the law, practice and procedure but don’t assist in decision making
24
Q
What 3 things must be needed to be a magistrate?
A
Between 18-70
Live or work in the local justice area
Have the 6 key qualities
25
What are the 6 key qualities needed to become a magistrate
Good character
Understanding and communication
Social awareness
Maturity and sound temperament
Sound judgement
Commitment and reliability
26
What 4 judicial qualities must magistrates have?
Make reasoned decision and break up factual information
Work as a team
Live or work in the loc justice area
Be committed to 26 half days per year
27
What are 4 reasons you can’t become a magistrate?
Serious convictions
Bankrupt
Work in the forces
Close relatives cannot be on the same bench
28
What 3 things are needed to become a magistrate?
Local advisory committee
The interview
Appointment
29
What do the local advisory committee do?
Advertise for women and ethic minorities and take applications for magistrates
30
What is needed when applying to be a magistrate?
References
31
How many interviews are there to become a magistrate
2
32
What happens in the first interview to become a magistrate?
Finds out the candidates attributes such as attitudes and personality (6 key qualities)
33
What happens in the second interview to become a magistrate?
Testing judicial aptitude through the discussion of cases eg. Sentencing
34
What happens in the appointment stage of becoming a magistrate?
LAC submit names of suitable candidates and successful applicants are sworn in at the crown court
35
What are juries used for?
When the defendant pleads not guilty
36
What courts are juries used at?
Crown court
37
Who do the LAC submit the suitable candidates of magistrates to?
Lord Chief Justice
38
How many trials a year are juries used for?
2% of all criminal cases
30,000 a year
39
How many jurors sit in the crown court?
12
40
What is a directed acquittal?
Where the judge directs the jury to acquit the defendant as there isn’t enough evidence against them
41
What does the jury decide?
The verdict
Guilty or not guilty
42
How do the jury make their decision?
Based on fact and discuss in secret in the jury room
(Don’t have to give reasons for their decisions)
43
What does the Criminal Courts and Justice Act 2015 say about juries?
It is a criminal offence to ask what happened in the jury room apart from when it is in the interest of justice
Eg. Misconduct
44
What is the unanimous verdict?
It goes to a majority verdict if it has been at least 2hrs without reaching a verdict
45
What is the majority verdict?
10:2
11:1
46
What is jury nobbling?
Acquittal rates being too high in the crown court
47
What does S17(3) of the Juries act 1974 state?
The foreman must announce the numbers of agreeing and disagreeing
48
How many verdicts a year by juries are majority verdict?
20%
49
What 3 things do you need to qualify for jury service?
Aged between 18-75
Registered to vote
Resident in the UK for at least 5 years since 13th birthday
50
What are the 5 things that decide who can be a juror?
Ineligible
Disqualified
Incapable
Excused
Deferred
51
Who is ineligible to be a juror?
Mentally disordered- regularly attend treatment, under guardianship or declared incapable by the judge
52
Who is disqualified from being a juror?
Prison sentence
5 years or more= permanently disqualified
Short sentence= disqualified for 10 years
53
What will happen to a person who fails to disclose that they are disqualified and turn up to jury service?
Fined up to £5000
54
Who is seen as incapable to be a juror?
Lack of capacity to cope with the trail
Those who don’t understand English
Blind
Deaf
55
Who is excused from being a juror?
Armed forces
Doctors
Pharmacists
56
Who now isn’t excused from being a juror?
Judges
Lawyers
Police
57
What does it mean to be deferred from jury service?
Any person with problems that would make it difficult to be a juror
Have to do it within 12 months
58
What are some examples of people being deferred from jury service?
Scheduled surgery
Pregnant
Pre-booked holiday
59
How are jurors selected?
Random electoral registers
60
How often are jurors selected?
Every fortnight
61
Why do they summon more than 12 jurors?
Unclear how many will be disqualified or excused and they have more than 1 court room
62
How long are jurors asked to stay on a trail?
2 weeks but will be asked to stay longer if the trial carries on
63
How many are chosen from the jury pool to go to the courtroom and how is it chosen?
15 at random but then the final 13 are picked by the clerk using name cards
64
What is vetting?
Both the prosecution and the defence have the right to know the list of potential jurors
65
What must be checked for jurors to be authorised?
Routine police checks
Jurors background
66
What are the 3 elements of challenging for jurors?
Challenging the array
Challenging for cause
Prosecution
67
What act does challenging the array come under?
S.5 juries act 1974
68
What is challenging the array?
The right to challenge the whole jury if it had been chosen in a biased way
69
What does the case of R v Ford say about challenging the array?
If a jury was chosen in a random manner then it couldn’t be challenged just because it wasn’t multi racial
70
What is challenging for cause?
The right to remove an individual juror due to them being bias or aren’t qualified
71
What does prosecution mean for challenging?
Can put someone’s name to the end of the list to make sure that they won’t be picked unless it is the last resort and there doesn’t need to be a reason for this
72
What does jurisdiction mean?
The power to make legal decisions and judgements
73
How many magistrates courts are there?
330
74
What do magistrates courts deal with?
Criminal cases that have a connection to the area
75
What can magistrates impose?
Fines
Community orders
Discharges
76
How many Crown Courts are there in the UK?
90
77
How many cases a year do the Crown Court deal with?
80,000
Triable either way
Indictable
78
What 3 cases do the Crown courts hear?
Ones magistrate courts have rejected
D has chosen to go to the crown court
Appeal from the magistrates court
79
What happens at the crown court if the D pleads guilty?
Judge decides the sentence
80
What 'other matters' do the magistrates court deal with?
Warrants and bail applications
81
What happens at the crown court if the D pleads not guilty?
The judge decides the point of law and the jury decides whether they are guilty or not guilty based upon fact
82
Who are appeals in the Crown Court heard by?
A judge sitting with two magistrates
83
What is a summary offence?
The least serious type where D pleads guilty or not guilty
84
What court will summary offences be heard in?
Magistrates
85
What is an example of a summary offence?
Minor criminal damage
86
What is a triable either way offence?
It can be tried in the Magistrates or Crown court as it a bit more of a serious offence
87
What is an indictable offence?
More serious where the possible sentence is possible life
88
What happens in the first hearing of an indictable offence?
The legal and bail side of things are dealt with in the Magistrates court
89
What is the second step in hearing an indictable offence?
It is then transferred to the crown court as it is too complex for magistrates to deal with
90
What act did the rules for indictable offences come under?
S.51 Crime and Disorder act 1998
91
Who decides the verdict for an indictable offence if the D pleads not guilty?
The jury
92
Who decides the verdict for an indictable offence if the D pleads guilty?
The judge
93
What happens if the Magistrates court doesn't have enough power to sentence a triable either way offence?
Sent to crown court
94
What are the 3 stages of a triable either way offence?
Plea before venue
Mode of trial
Outcome
95
What 5 things must be considered when deciding whether to pass a triable either way case onto the crown court?
Power to sentence
Nature and seriousness
Legal representation
D's previous convictions
Wishes of the AG
96
What is a point of law?
The application of law to the facts of the case
97
What is leave to appeal?
The permission to appeal
98
What does case stated mean?
The previous court set out their findings of fact and their decision- no witnesses are called
99
Who has an automatic right to appeal to the crown court?
The defendant
If the defendant pleaded guilty they can only appeal against the sentence
Not guilty= Appeal against conviction and sentence
100
What do the crown court do when they hear an appeal?
Case is reheard by a judge and two magistrates
Confirm, reverse or vary
101
Who can appeal to the administrative court?
Prosecution and the defence
102
How many appeals a year do the administrative court deal with?
100
103
Who hears appeals in the administrative court?
Two high court judges from the KBD
104
Where can the appeal to the administrative court come from?
Direct from magistrates
Appeal at the crown court
105
What do the administrative court do when they hear an appeal?
Confirm, reverse (acquit)
Vary (change the charge)
106
When can an administrative appeal be sent back to the magistrates court?
For the magistrates court to implement the decision
107
Who can appeal to the supreme court?
Prosecution and defence as long as they have gone through administrative court first
108
When can there only be an appeal in the supreme court?
If it involves a point of law of general public importance
109
How many cases will reach the supreme court for appeals?
A very small number
110
What is needed for a successful appeal at the supreme court?
Leave to appeal from either the KBD or the supreme court
111
What does the criminal appeal act 1995 say about appeals to the court of appeal?
Leave to appeal only granted if they think that the conviction is unsafe
112
What happens for appeals to the court of appeal for the defence?
New evidence will be considered but can only decrease the sentence and they also have the power to retrial infront of a new jury
113
What are the 4 rules for appeals to the court of appeal for the prosecution?
Against a judges ruling
Against acquittal
Referring on a point of law
Against sentence
114
What is the order of courts for appeals from the magistrates court?
Appeal to the crown
Administrative (KBD)
Supreme court
115
What is the order of courts for appeals from the crown court?
Appeals to the court of appeal- defence
Appeals to the court of appeal- prosecution
Appeals to the supreme court- defence and prosecution
116
What is needed for the defence to appeal to the court of appeal?
Leave to appeal or a certificate that the case is fit for appeal from the trial judge
117
What does the Criminal justice act 2003 say abp0ut 'against the judges ruling'?
P has the right to appeal where the trial judge is ruling on a point of law that stopped the case to make sure an error doesnt lead to full acquittal
118
What does the Criminal Procedure and Investigations Act 1996 say about 'against acquittal'?
Where the acquittal was a result of jury nobbling, the prosecution can appeal and order a retrial
119
What does the Criminal justice act 2003 say about 'against acquittal'?
30 serious offence can be tried as long as there is new and compelling evidence and D's guilt is in the interest of the public
120
What does S.36 of the Criminal justice act 1972 say about a point of law?
The AG can refer to a point of law to the CoA if there are concerns about D's acquittal
121
What does S.36 of the criminal justice act 1988 say about against sentence?
The AG can apply for leave if he thinks the sentence is too lenient
122
What does the supreme court say about appeals from he crown court?
Can only appeal if it involves a point of law of general public importance
Leave to appeal from either he CoA or the supreme court
123
What are the 5 aims of sentencing?
Punishment of offenders
Reduction of crime
Reform and rehabilitation
Protection of public
Reparation
124
What does S.142 of the Criminal justice act 2003 say about sentencing?
The court must tell the D what their chosen aims are and what they are expected to achieve
125
What are the 2 types of punishement for offenders?
Retribution
Denunciation
126
What is retribution? (Proportionate)
Punishing for the act committed as a way of seeking revenge and the degree of punishment depends on the offence
127
What is denunciation? (Disproportionate)
Society can express its disapproval which shows that the public has justice and it reinforces moral boundaries
Sentence not proportionate to crime
128
What is an example of denunciation being disproportionate?
Harsh fine/ prison term in comparison to crime
129
What is an example of denunciation reinforcing moral values?
Rape, pedophilia and murder
130
How is reduction of crime achieved?
Through deterring criminal behaviour
131
What is individual deterrence?
Deterring individual offenders from committing the same offence or one similar through a fear of punishment
132
How is individual deterrence done?
Giving the offender a severe sentence
Eg. prison or heavy fine
133
What is general deterrence?
The aim to deter society by passing a harsh sentence and giving them worse than they deserve to stop others from committing that crime
134
What are 2 examples of when deterring sentences were imposed?
Lord Wolf- 2002 recommended minimum 6 months in prison for mobile phone theft
R v Whitton- football hooligans received a life sentence (reduced on appeal)
135
What is the aim of reform and rehabilitation?
Offering the offender to become a better person and making them less likely to reoffend
136
How does reform and rehabilitation work?
Altering their behaviour by giving them individualised sentences to suit their own needs
137
Why do young offenders have more chance of reform?
Younger so still have a chance to make it better but old offenders have no chance to change
138
What 2 sentences may be used for reform and rehabilitation?
Therapy within the sentence
Reduced sentence for good behaviour
139
How does protection of the public work?
Public are protected from dangerous offenders as they are a risk to society which means that they cannot commit any further offences
140
What is incapacitation?
The offender is made incapable of reoffending by removing them from society and restricting freedom
141
What types of crimes is protection of the public used for?
Violent and sexual
Driving ban for dangerous drivers
142
Offenders with the aim of protection from the public may receive what kind of sentence?
Mandatory life
143
What is reparation?
(Repairing)
Giving something back to the victim to repair their actions and it can also be for society as a whole
144
What does S.130 Powers of the Criminal Courts (Sentencing) Act 2000 say about reparation?
#offender may be ordered to pay compensation or do community service
145
What are the 4 factors taken into account when sentencing?
Offence details
Aggravating and mitigating factors
Reports on the offender
Sentencing guidelines
146
What does S.143(1) Criminal Justice Act 2003 say about offence details?
To consider the seriousness of the offence, the court must look at how blameworthy the D is and whether they foresaw the result
146
What are aggravating factors?
Make the offence more serious
147
What are mitigating factors?
Allow the courts to give lighter sentence
148
What are 3 aggravating factors?
Offence committed while on bail for a different offence
Racially or religiously aggravated
Motivated by hostility to the victim based on their sexual orientation
