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my law > criminal courts and lay people > Flashcards

criminal courts and lay people Flashcards

1
Q

what are the two types of criminal courts?

A

crown crown
magistrates court

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2
Q

what are the three types of criminal offences?

A

summary offences
triable either way offences
indictable offences

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3
Q

summary offences

A

the least serious offences
can only be trialed in magistrates court

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4
Q

summary offences max fine

A

unlimited

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5
Q

summary offences max prison sentence

A

6 months

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6
Q

summary offences examples

A

assault
battery

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7
Q

triable either way offences

A

medium serious offences
tried in either magistrates or crown court
the case will be transferred to crown court if it is too serious for the magistrates

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8
Q

triable either way offences examples

A

s20 GBH, theft

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9
Q

indictable offences

A

most serious offences
always tried in crown court

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10
Q

indictable offences max fine

A

unlimited

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11
Q

indictable offences max prison sentence

A

life

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12
Q

indictable offences examples

A

s18 GBH , murder

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13
Q

reasons to why D can appeal their case if they don’t agree with the decisions

A

conviction
sentence
on a point of law

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14
Q

conviction as an appeal

A

where D is found guilty, they can ask another court if this is correct

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15
Q

on sentence as an appeal

A

where D believes the sentence is too harsh, this can be reconsidered
the appeal court will either increase, decrease or uphold the original sentence

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16
Q

on a point of law as an appeal

A

either P or D can challenge on a point of law where they believe the rules have not been correctly interpreted or scripted

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17
Q

what sets out the aims of sentencing

A

s142 criminal justice act 2003 for those aged 18+

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18
Q

aims of sentencing

A

retribution
incapacitation
deterrence
rehabilitation
reparation

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19
Q

retribution

A

punishment of the offender

20
Q

reparation

A

compensating for the crime to the V by ordering D to pay V a sum of money

21
Q

rehabilitation

A

reform the offender and rehabilitate them into society

22
Q

incapatitation

A

incapable of reoffending eg electronic tagging

23
Q

deterrence

A

putting the D or other potential criminals off from reoffending

24
Q

2 types of factors that judges consider when sentencing

A

aggravating factors
mitigating factors

25
Q

Aggravating factors examples

A

D used or adapted a weapon
D had previous convictions
D had no sympathy
D chose a vulnerable victim

26
Q

Mitigating factors examples

A

D showed genuine remorse
D had no previous convictions
D pleaded guilty at the first instance

27
Q

Pre sentencing reports

A

Give information about the defendant’s background and suitability for community based punishment

28
Q

Sentencing guidelines

A

Issued by the government

29
Q

Medical reports

A

For medical or psychiatric problems

30
Q

Financial situation

A

May be taken into account when settling the amount of the fine

31
Q

What are other factors that judges consider when sentencing

A

Financial situation
Medical report
Sentencing guidelines
Pre sentencing reports

32
Q

Types of sentences

A

Custodial
Community sentences
Fines
Discharges

33
Q

Custodial sentences

A

Most serious punishment that can be given

34
Q

Custodial sentences length

A

Few weeks to life in prison

35
Q

Community sentences examples

A

Unpaid work in the community
Drug or alcohol treatment
Curfew requirement

36
Q

How are fines determined

A

Depends on offender’s ability to pay

37
Q

What are fines used to cover?

A

Compensation of the Victim
Court costs

38
Q

What type of discharges are there

A

Absolute
Conditional - based on whether the criminal reoffends

39
Q

What are lay people

A

People who work in the legal system but are not fully qualified

40
Q

Examples of lay people

A

Juries
Magistrates

41
Q

Role of magistrates

A

Sit in the magistrates as volunteers because they are part time unpaid judges
Try 97% of all criminal cases
Decides the verdict of whether the D is guilty or not and decides sentence
Transfers case to Crown Court if the case is too serious for Magistrates

42
Q

Role of juries

A

Sit only in Crown Court
They listen to all of the evidence
Reach a verdict of guilty or not guilty (Unanimous or Majority)
Sit in twelves

43
Q

How many juries sit in Crown Court?

A

12

44
Q

What is one advantage of using juries?

A

Jury equity
They are not legal experts so are not required to follow precedents, instead, they focus on deciding based on fairness

45
Q

What is another advantage of using juries

A

12 people involved
Avoids bias and makes decision making fairer

46
Q

Disadvantages of using juries

A

Media influence - media coverage may influence judges, especially in high profile cases
Fraud trials - the judges may have a lack of legal knowledge

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