Criminal Courts And Lay People Flashcards
Explain summary offences
Least serious
Tried in magistrates court
Max sentence of fine/6 months prison
Explain TEW offences
Middle seriousness
Tried in magistrates or crown depending on seriousness
Explain indictable offences
Most serious
Tried in crown court
Who are magistrates
A bench of 2 to 3
The chairman= has most experience
Wings= have less experience
What are the 3 key things a defendant would appeal from
- conviction
- sentence
- point of law
What are the 3 key things the prosecution would appeal from
- acquittal
- sentence
- point of law
What the outcome of different appeals
Conviction can be aquitted
Sentence can be decreased
Can be a retrial
Who are lay juries
A bench of 12
Have an unanimous verdict
Selected at random
Will be unknown to case
Whats needed for a verdict to be decided by the jury
A majority verdict of 10/12 at least
What 3 things do the jury have when sitting in court
- independency
- secrecy
- equity
What case is used for jury independency
R v wang- judge can direct jury
What case is used for jury secrecy
R v young
What case is used for jury equity
R v kronlid
What are the positives of the jury
- eliminate bias
- not case hardened (still have empathy)
- equity
What are the negatives of jury’s
- go agisnt overwhelming evindce
- secrecy
- media influence