Criminal courts and lay people Flashcards
What is the classification of offences and what is it given by?
Criminal Law Act 1997
Summary - Least serious, typically less than £500 crim dmg, shoplifting less than £200, common assault, etc.
Triable Either Way - Tried either at Mags or Crown Court. Theft, ABH, etc. Can be sent to Crown for sentencing if the crime exceeds what the Magistrates thinks it will need.
Indictable - Most serious eg rape, murder, etc, only the preliminary is heard at the Magistrates court.
Describe the basic facts of the Magistrates Court
A court of first instance only
Cases heard by three Magistrates or one DJ
Court tries & sentences 97% of Crim cases
Legally qualified clerk assists
What are the sentencing powers of the Magistrates Court?
Summary - Max £5000 fine and/or up to 6 months imprisonment
TEW - Two or more offences max 12 months imprisonment
What is the Criminal Jurisdiction of the Magistrates Court?
1) Trial of summary & Some TEW cases
2) Verdict & sentence
3) Mode of trial for TEW cases
4) Bail applications
5) Search and arrest warrants
6) Indictable offences (Magistrates may grant bail at first hearing then send to Crown)
7) Youth Court
Where is the place of trial for Youths (10-17)?
Heard in Youth Court.
3 JPs one fem and one male.
Appropriate adult should be present.
Indictable offences may be tried summarily, but they can move to Crown if they are grave eg murder, manslaughter, rape
What was the case of Thompson and Venable?
Abducted & murdered child, human rights such as right to a fair trial breached so each were compensated Venables 29,000 and Thompson 10,000. The tariff is now set by the Sitting Judge.
What is the most famous Crown Court?
The Old Bailey
What is the Criminal Jurisdiction of the Crown Court?
1) Trial of all indictable offences
2) Trial of some TEW
3) Hears TEW cases referred by mgs for sentence
4) Hears Appeals from Mags Court (one judge + 2 mags)
What is the two part test for prosecution by the CPS?
1) Is there enough evidence?
2) Is there public interest to bring the case to Court?
What is the pre-trial procedure for Summary Offences?
First hearing Mags Court & Trial in Mags Court.
Bail, legal aid and timetable hearings.
Defendant enters plea if pleads guilty. Moves onto sentencing.
If pleads not guilty the trial commences.
What is the pre-trial procedure for Indictable cases?
First hearing mags court but trial at Crown. Bail, legal aid & timetable hearings happen at Mags where they then send the case to Crowns.
What is the pre-trial procedure for TEW cases?
Decision has to be made where it will be tried
Criminal Procedure & Investigation Act 1996
What is the Procedure of a Magistrates Court?
1) D pleads guilty or NG (Plead before venue)
2) If pleading guilty mags sentence although they may refer to Crown for sentencing if it needs a harsher sentence.
3) If not, there is mode of trial election:
Prosecution & Def suggest suitable method
Magistrates decide if case is suitable for them to look at
It depends on the seriousness of the case, their powers of punishment and the prosecution and defence submissions.
If magistrates do not accept jurisdiction they send it to the crown court for trial. If they do accept Defendant can decide where to go depending on whether they want Trial by Jury.
If D agrees to Mags sentence may still be imposed by Crown Court if Mags decide powers are insufficient.
What did the CJ (MOT) Bill 2002 do?
Tried but failed to remove D’s right to choose Jury trial
What are the advantages of Trial by Jury in the Crown Court?
-Higher Acquittal rate with Jury trials. Lawyer advice for D.
-Judge discharges Jury & directs Not Guilty
-Lawyers have certificate of advocacy in Crown Court - more experienced.
-Trial by peers (Magna Carta)
What are the disadvantages of Trial by Jury in the Crown Court?
-Longer wait
-Higher sentence
-More intimidating
-More expensive
-More publicity
What is the Summary Trial Procedure?
1) Charge is read out
2) Defendant enters plea
3) If D pleads guilty what happens next?
4) If D not guilty what happens next?
5) Prosecution opening speech (No closing), Prosecution evidence: Examination-in-chief of pros witnesses. Defence cross-examine. Prosecution may re-examine.
6) D may claim no case to answer if evidence thin.
7) D evidence presented and witnesses called for examination-in-chief. P may cross examine and D may re-examine.
8) Closing speech by D then verdict.
What is the Indictable trial procedure?
Same as summary but…
1) If D pleads not guilty then jury of 12 people empanelled
2) P + D both make opening and closing speech
3) Judge sums up
4) If D acquitted then can be tried again since CJA 2003 removed double jeopardy for serious cases if there is new and compelling evidence
How are appeals from a Mags court handled?
Magistrates Court -> (If Defence appeals, Prosecution has no right to appeal to Crown) -> Crown Court, Appeal available as of right, complete re-hearing by 2 mags and a judge, can confirm vary or reverse decision. If against sentence can confirm increase or decrease with the same limitations as Mags Court (6 months most). Further appeal to QBDC - > Kings Bench Division (administrative court)
Case stated appeals by prosecution & Def, 2 or 3 judges hear case, leave needed, only verdict can be appealed, can confirm vary or reverse decisions or remit case back to mags -> Further appeal eg from QBDC to Supreme Court. Point of law or public importance (C V DPP 1994)
Magistrates -> (If prosecution appeals) -> King’s bench Division -> Further appeal.
What was the case where D was seen holding the handlebars of a motorcycle whilst another boy tried to break the chain, and D was charged with interfering with motorcycle and intention with offence that theft should be committed.
C V DPP 1994, It was held that children needed proof they knew what they were doing.
How are Appeals from the Crown Court handled?
Crown Court -> Appeal to CA (crim Div) by D.
a) Appeal against Conviction (Rules: file within 28 days, leave needed, 3-5 judges, appeal on fact or law, review of paperwork)
CA can allow appeal and quash conviction, vary conviction, dismiss appeal or order retrial.
b) Appeal against sentence.
-> Further appeal - Point of law of public importance
Crown Court -> CA (By P)
1) Appeal against acquittal (Jury nobbling rarely used, CPIA 1996)
2) Appeal against acquittal - in 30 serious offences, removal of double jeopardy where new and ocmpelling evidence, CJA 2003
3) A-G Ref re point of law following acquittal. A-G can refer to CA. Decision cannot be changed but point of law clarified in CJA 1972 s36 + can re sentence lenient sentence in CJA 1988 s36
-> Further Appeal
What was the Criminal Appeal Act 1995?
Only ground for appeal is that it is unsafe (was fair trial in interests of justice ay admit new evidence)
What was the case where D was acquitted for killing a pizza delivery person and was instead found guilty for another crime, when he bragged to a police officer about getting away with murder he was retrialed and life sentenced.
Billy Dunlop 1989
Who are Lay personnel?
Magistrates & Juries
What are the simple original facts of Magistrates?
Appointed to sit in Mags Court
Some DJ(MC) also do job but are paid lawyers/Judges
Try 97% of all crim cases
Usually 3 sit on a bench and are advised by legal adviser. Certain matters can be heard by a single magistrate eg warrants
What Qualifications do you need to be a Magistrate?
A) Commitment, must sit 26 sessions (half days) a year minimum.
B) Area - Appointment is to local justice area, must live or work within local justice area
C) Age - Mags must be 18-74 on appointment, retiring at 75 since 2022
May be removed on grounds of incapacity, Misbehaviour, persistent failure to meet standards, neglecting duties
What restrictions are there to not allow you to be a Magistrate?
Those in work that is incompatible eg police officer, special constabulary, traffic wardens
Close relatives will not be appointed to same bench
Disability means they cannot carry out duties eg deaf people
Undischarged bankrupts
Those who have committed certain serious offences
Armed forces
How is a Magistrate selected?
They will send advertising/application forms
Selected by Local Advisory Committee made up of 12 people (Mags & Non-mags) and must be drawn from cross section of local community.
There is then a two-stage interview panel process.
What is the first stage of the two stage interview panel process?
Looks at candidates general character, personal attributes, and whether they possess six key qualities:
Logical,
Honest/Good character,
Understanding & Communicative
Aware of social issues & uphold law
Mature and of fair temperament,
Reliable and Committed.
What is the second stage of the two stage interview panel process?
Assesses candidates judicial aptitude & qualities by looking at case studies
How are Magistrates appointed?
LAC recommends suitable candidates to Lord Chief Justice who designates roles to senior presiding judge under Crime and Courts Act 2003.
Candidates sworn in as a magistrate at local court appointed by LCJ on behalf of the king.
What is the composition of the bench for Magistrates?
Age - half between 60-70, only 3% under 40 and 40% retired.
Disability - Blind can be mags but not deaf people
Occupation - Majority from managerial positions
Gender- 51-53% are women (other Judicial positions at 22%)
Ethnicity- 11% ethnic minority other legal professions have 5%
What is the directive that claimed the benches should be balanced?
Lord Gardiner Directive 1966
What is A Magistrates’ role in Crim cases?
1) Bail applications
2) Early Administrative Hearings (pre-trial hearings to sort out timetabling, etc)
3) Mode of Trial election in TEW cases
4) Verdict & sentencing in Summary & some TEW cases
5) First hearing of indictable offences before transfer to crown
6) Youth Court - hearing cases against juveniles 10+
7) Issuing warrants and summonses
8) Appeals - Mags sit in Crown Court with Judge to hear appeals against conviction from mags court
What is the old Act and the current Act that decided types of sentencing?
Criminal Justice Act 2003 now Sentencing Act 2020
What is the Custody Threshold Test s 152?
Only given if offence is so serious a fine or community sentence not justified. If offender is refusing to comply w/ community order or if offender is convicted of specified sexual or violent offences.
Describe a mandatory life sentence
Only for murder. A judge must give life imprisonment for murder with min tariff to be served before offender eligible for release.
Whole life sentences (rare) avg 16 years with a life license.
30 Years min tariff
15 years min tariff 12 years if under 18
The Home Secretary has a final say on release. Once released prisoner remains on license for the rest of life and can be recalled.
Describe a Discretionary Life sentence
Manslaughter/Robbery/s18 GBH, can carry life imprisonment but dont have to
Describe a fixed term sentence
Depends on max sentence set by statute, seriousness & D’s previous convictions.
Early release - Prisoners do not serve whole of sentence passed. Early release on license under supervision of probation officer. If re-offend they serve remaining sentence plus new one. Generally half sentence must be served before release. Usually serve half in time and half in community on license.
Describe a suspended prison sentence
Whole of prison sentence up to 2 years or 6 months in mags can be suspended for operational period of two by two.
If offender commits offence within operational period original sentence is activated & they serve extra sentence received for current crime.
court cannot give one unless:
Prison is appropriate AND
There are exceptional circumstances that justify suspension of the sentence.
