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Law paper 1- criminal > Criminal courts and lay people > Flashcards

Criminal courts and lay people Flashcards

1
Q

How many cases do magistrates hear?

A

94% of all criminal cases

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2
Q

Where are indictable offences transferred to?

A

Crown court

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3
Q

How many are on a bench in a magistrates court?

A

2 or 3

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4
Q

What is a magistrate?

A

An unpaid part time judge

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5
Q

How many magistrates are there?

A

16,000

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6
Q

What type of offences do magistrates hear?

A

Summary
Triable either way

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7
Q

What do the magistrates decide?

A

The verdict
Guilty or not guilty

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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

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9
Q

What do magistrates do for sentencing?

A

Pass the sentence

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10
Q

Where will they send someone if a magistrate doesn’t have enough sentencing power?

A

Crown court

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11
Q

What are the 3 types of preliminary hearings?

A

Early administrative hearing
Bail applications
Remand hearings

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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

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13
Q

What are bail applications?

A

When the defendant had been charged, the defendant can apply for bail which the court may grant

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14
Q

What is a remand hearing?

A

You will go to prison until your trial begins

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15
Q

What is a youth court?

A

Cases that deal with youth offenders 10-17

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16
Q

What do magistrates need to judge in a youth court?

A

Specially trained to deal with young offenders

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17
Q

What two magistrates must there be in a youth court?

A

At least one man and one woman

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18
Q

Where do magistrates hear appeals?

A

In the crown court

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19
Q

Who must be on the panel in a crown court for a magistrates appeal?

A

Two magistrates with a qualified judge

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20
Q

What do magistrates decide for an appeal?

A

Pass the verdict and judge will sentence if required

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21
Q

What are administrative hearings?

A

Magistrates hearing warrant applications
Extend a suspects detention period

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22
Q

What is a magistrates clerk?

A

A legal advisor who has been a qualified solicitor or barrister for at least 5 years

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23
Q

What do magistrates clerk do?

A

Guide on the law, practice and procedure but don’t assist in decision making

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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

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25
Q

What are the 6 key qualities needed to become a magistrate

A

Good character
Understanding and communication
Social awareness
Maturity and sound temperament
Sound judgement
Commitment and reliability

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26
Q

What 4 judicial qualities must magistrates have?

A

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

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27
Q

What are 4 reasons you can’t become a magistrate?

A

Serious convictions
Bankrupt
Work in the forces
Close relatives cannot be on the same bench

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28
Q

What 3 things are needed to become a magistrate?

A

Local advisory committee
The interview
Appointment

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29
Q

What do the local advisory committee do?

A

Advertise for women and ethic minorities and take applications for magistrates

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30
Q

What is needed when applying to be a magistrate?

A

References

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31
Q

How many interviews are there to become a magistrate

A

2

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32
Q

What happens in the first interview to become a magistrate?

A

Finds out the candidates attributes such as attitudes and personality (6 key qualities)

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33
Q

What happens in the second interview to become a magistrate?

A

Testing judicial aptitude through the discussion of cases eg. Sentencing

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34
Q

What happens in the appointment stage of becoming a magistrate?

A

LAC submit names of suitable candidates and successful applicants are sworn in at the crown court

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35
Q

What are juries used for?

A

When the defendant pleads not guilty

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36
Q

What courts are juries used at?

A

Crown court

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37
Q

Who do the LAC submit the suitable candidates of magistrates to?

A

Lord Chief Justice

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38
Q

How many trials a year are juries used for?

A

2% of all criminal cases
30,000 a year

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39
Q

How many jurors sit in the crown court?

A

12

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40
Q

What is a directed acquittal?

A

Where the judge directs the jury to acquit the defendant as there isn’t enough evidence against them

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41
Q

What does the jury decide?

A

The verdict
Guilty or not guilty

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42
Q

How do the jury make their decision?

A

Based on fact and discuss in secret in the jury room
(Don’t have to give reasons for their decisions)

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43
Q

What does the Criminal Courts and Justice Act 2015 say about juries?

A

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

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44
Q

What is the unanimous verdict?

A

It goes to a majority verdict if it has been at least 2hrs without reaching a verdict

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45
Q

What is the majority verdict?

A

10:2
11:1

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46
Q

What is jury nobbling?

A

Acquittal rates being too high in the crown court

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47
Q

What does S17(3) of the Juries act 1974 state?

A

The foreman must announce the numbers of agreeing and disagreeing

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48
Q

How many verdicts a year by juries are majority verdict?

A

20%

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49
Q

What 3 things do you need to qualify for jury service?

A

Aged between 18-75
Registered to vote
Resident in the UK for at least 5 years since 13th birthday

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50
Q

What are the 5 things that decide who can be a juror?

A

Ineligible
Disqualified
Incapable
Excused
Deferred

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51
Q

Who is ineligible to be a juror?

A

Mentally disordered- regularly attend treatment, under guardianship or declared incapable by the judge

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52
Q

Who is disqualified from being a juror?

A

Prison sentence
5 years or more= permanently disqualified
Short sentence= disqualified for 10 years

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53
Q

What will happen to a person who fails to disclose that they are disqualified and turn up to jury service?

A

Fined up to £5000

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54
Q

Who is seen as incapable to be a juror?

A

Lack of capacity to cope with the trail
Those who don’t understand English
Blind
Deaf

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55
Q

Who is excused from being a juror?

A

Armed forces
Doctors
Pharmacists

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56
Q

Who now isn’t excused from being a juror?

A

Judges
Lawyers
Police

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57
Q

What does it mean to be deferred from jury service?

A

Any person with problems that would make it difficult to be a juror
Have to do it within 12 months

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58
Q

What are some examples of people being deferred from jury service?

A

Scheduled surgery
Pregnant
Pre-booked holiday

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59
Q

How are jurors selected?

A

Random electoral registers

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60
Q

How often are jurors selected?

A

Every fortnight

61
Q

Why do they summon more than 12 jurors?

A

Unclear how many will be disqualified or excused and they have more than 1 court room

62
Q

How long are jurors asked to stay on a trail?

A

2 weeks but will be asked to stay longer if the trial carries on

63
Q

How many are chosen from the jury pool to go to the courtroom and how is it chosen?

A

15 at random but then the final 13 are picked by the clerk using name cards

64
Q

What is vetting?

A

Both the prosecution and the defence have the right to know the list of potential jurors

65
Q

What must be checked for jurors to be authorised?

A

Routine police checks
Jurors background

66
Q

What are the 3 elements of challenging for jurors?

A

Challenging the array
Challenging for cause
Prosecution

67
Q

What act does challenging the array come under?

A

S.5 juries act 1974

68
Q

What is challenging the array?

A

The right to challenge the whole jury if it had been chosen in a biased way

69
Q

What does the case of R v Ford say about challenging the array?

A

If a jury was chosen in a random manner then it couldn’t be challenged just because it wasn’t multi racial

70
Q

What is challenging for cause?

A

The right to remove an individual juror due to them being bias or aren’t qualified

71
Q

What does prosecution mean for challenging?

A

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
Q

What does jurisdiction mean?

A

The power to make legal decisions and judgements

73
Q

How many magistrates courts are there?

A

330

74
Q

What do magistrates courts deal with?

A

Criminal cases that have a connection to the area

75
Q

What can magistrates impose?

A

Fines
Community orders
Discharges

76
Q

How many Crown Courts are there in the UK?

A

90

77
Q

How many cases a year do the Crown Court deal with?

A

80,000
Triable either way
Indictable

78
Q

What 3 cases do the Crown courts hear?

A

Ones magistrate courts have rejected
D has chosen to go to the crown court
Appeal from the magistrates court

79
Q

What happens at the crown court if the D pleads guilty?

A

Judge decides the sentence

80
Q

What ‘other matters’ do the magistrates court deal with?

A

Warrants and bail applications

81
Q

What happens at the crown court if the D pleads not guilty?

A

The judge decides the point of law and the jury decides whether they are guilty or not guilty based upon fact

82
Q

Who are appeals in the Crown Court heard by?

A

A judge sitting with two magistrates

83
Q

What is a summary offence?

A

The least serious type where D pleads guilty or not guilty

84
Q

What court will summary offences be heard in?

A

Magistrates

85
Q

What is an example of a summary offence?

A

Minor criminal damage

86
Q

What is a triable either way offence?

A

It can be tried in the Magistrates or Crown court as it a bit more of a serious offence

87
Q

What is an indictable offence?

A

More serious where the possible sentence is possible life

88
Q

What happens in the first hearing of an indictable offence?

A

The legal and bail side of things are dealt with in the Magistrates court

89
Q

What is the second step in hearing an indictable offence?

A

It is then transferred to the crown court as it is too complex for magistrates to deal with

90
Q

What act did the rules for indictable offences come under?

A

S.51 Crime and Disorder act 1998

91
Q

Who decides the verdict for an indictable offence if the D pleads not guilty?

A

The jury

92
Q

Who decides the verdict for an indictable offence if the D pleads guilty?

A

The judge

93
Q

What happens if the Magistrates court doesn’t have enough power to sentence a triable either way offence?

A

Sent to crown court

94
Q

What are the 3 stages of a triable either way offence?

A

Plea before venue
Mode of trial
Outcome

95
Q

What 5 things must be considered when deciding whether to pass a triable either way case onto the crown court?

A

Power to sentence
Nature and seriousness
Legal representation
D’s previous convictions
Wishes of the AG

96
Q

What is a point of law?

A

The application of law to the facts of the case

97
Q

What is leave to appeal?

A

The permission to appeal

98
Q

What does case stated mean?

A

The previous court set out their findings of fact and their decision- no witnesses are called

99
Q

Who has an automatic right to appeal to the crown court?

A

The defendant
If the defendant pleaded guilty they can only appeal against the sentence
Not guilty= Appeal against conviction and sentence

100
Q

What do the crown court do when they hear an appeal?

A

Case is reheard by a judge and two magistrates
Confirm, reverse or vary

101
Q

Who can appeal to the administrative court?

A

Prosecution and the defence

102
Q

How many appeals a year do the administrative court deal with?

A

100

103
Q

Who hears appeals in the administrative court?

A

Two high court judges from the KBD

104
Q

Where can the appeal to the administrative court come from?

A

Direct from magistrates
Appeal at the crown court

105
Q

What do the administrative court do when they hear an appeal?

A

Confirm, reverse (acquit)
Vary (change the charge)

106
Q

When can an administrative appeal be sent back to the magistrates court?

A

For the magistrates court to implement the decision

107
Q

Who can appeal to the supreme court?

A

Prosecution and defence as long as they have gone through administrative court first

108
Q

When can there only be an appeal in the supreme court?

A

If it involves a point of law of general public importance

109
Q

How many cases will reach the supreme court for appeals?

A

A very small number

110
Q

What is needed for a successful appeal at the supreme court?

A

Leave to appeal from either the KBD or the supreme court

111
Q

What does the criminal appeal act 1995 say about appeals to the court of appeal?

A

Leave to appeal only granted if they think that the conviction is unsafe

112
Q

What happens for appeals to the court of appeal for the defence?

A

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
Q

What are the 4 rules for appeals to the court of appeal for the prosecution?

A

Against a judges ruling
Against acquittal
Referring on a point of law
Against sentence

114
Q

What is the order of courts for appeals from the magistrates court?

A

Appeal to the crown
Administrative (KBD)
Supreme court

115
Q

What is the order of courts for appeals from the crown court?

A

Appeals to the court of appeal- defence
Appeals to the court of appeal- prosecution
Appeals to the supreme court- defence and prosecution

116
Q

What is needed for the defence to appeal to the court of appeal?

A

Leave to appeal or a certificate that the case is fit for appeal from the trial judge

117
Q

What does the Criminal justice act 2003 say abp0ut ‘against the judges ruling’?

A

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
Q

What does the Criminal Procedure and Investigations Act 1996 say about ‘against acquittal’?

A

Where the acquittal was a result of jury nobbling, the prosecution can appeal and order a retrial

119
Q

What does the Criminal justice act 2003 say about ‘against acquittal’?

A

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
Q

What does S.36 of the Criminal justice act 1972 say about a point of law?

A

The AG can refer to a point of law to the CoA if there are concerns about D’s acquittal

121
Q

What does S.36 of the criminal justice act 1988 say about against sentence?

A

The AG can apply for leave if he thinks the sentence is too lenient

122
Q

What does the supreme court say about appeals from he crown court?

A

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
Q

What are the 5 aims of sentencing?

A

Punishment of offenders
Reduction of crime
Reform and rehabilitation
Protection of public
Reparation

124
Q

What does S.142 of the Criminal justice act 2003 say about sentencing?

A

The court must tell the D what their chosen aims are and what they are expected to achieve

125
Q

What are the 2 types of punishement for offenders?

A

Retribution
Denunciation

126
Q

What is retribution? (Proportionate)

A

Punishing for the act committed as a way of seeking revenge and the degree of punishment depends on the offence

127
Q

What is denunciation? (Disproportionate)

A

Society can express its disapproval which shows that the public has justice and it reinforces moral boundaries
Sentence not proportionate to crime

128
Q

What is an example of denunciation being disproportionate?

A

Harsh fine/ prison term in comparison to crime

129
Q

What is an example of denunciation reinforcing moral values?

A

Rape, pedophilia and murder

130
Q

How is reduction of crime achieved?

A

Through deterring criminal behaviour

131
Q

What is individual deterrence?

A

Deterring individual offenders from committing the same offence or one similar through a fear of punishment

132
Q

How is individual deterrence done?

A

Giving the offender a severe sentence
Eg. prison or heavy fine

133
Q

What is general deterrence?

A

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
Q

What are 2 examples of when deterring sentences were imposed?

A

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
Q

What is the aim of reform and rehabilitation?

A

Offering the offender to become a better person and making them less likely to reoffend

136
Q

How does reform and rehabilitation work?

A

Altering their behaviour by giving them individualised sentences to suit their own needs

137
Q

Why do young offenders have more chance of reform?

A

Younger so still have a chance to make it better but old offenders have no chance to change

138
Q

What 2 sentences may be used for reform and rehabilitation?

A

Therapy within the sentence
Reduced sentence for good behaviour

139
Q

How does protection of the public work?

A

Public are protected from dangerous offenders as they are a risk to society which means that they cannot commit any further offences

140
Q

What is incapacitation?

A

The offender is made incapable of reoffending by removing them from society and restricting freedom

141
Q

What types of crimes is protection of the public used for?

A

Violent and sexual
Driving ban for dangerous drivers

142
Q

Offenders with the aim of protection from the public may receive what kind of sentence?

A

Mandatory life

143
Q

What is reparation?

A

(Repairing)
Giving something back to the victim to repair their actions and it can also be for society as a whole

144
Q

What does S.130 Powers of the Criminal Courts (Sentencing) Act 2000 say about reparation?

A

offender may be ordered to pay compensation or do community service

145
Q

What are the 4 factors taken into account when sentencing?

A

Offence details
Aggravating and mitigating factors
Reports on the offender
Sentencing guidelines

146
Q

What does S.143(1) Criminal Justice Act 2003 say about offence details?

A

To consider the seriousness of the offence, the court must look at how blameworthy the D is and whether they foresaw the result

146
Q

What are aggravating factors?

A

Make the offence more serious

147
Q

What are mitigating factors?

A

Allow the courts to give lighter sentence

148
Q

What are 3 aggravating factors?

A

Offence committed while on bail for a different offence
Racially or religiously aggravated
Motivated by hostility to the victim based on their sexual orientation

Law paper 1- criminal (6 decks)

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