criminal courts and lay people Flashcards
what are the two types of criminal courts?
crown crown
magistrates court
what are the three types of criminal offences?
summary offences
triable either way offences
indictable offences
summary offences
the least serious offences
can only be trialed in magistrates court
summary offences max fine
unlimited
summary offences max prison sentence
6 months
summary offences examples
assault
battery
triable either way offences
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
triable either way offences examples
s20 GBH, theft
indictable offences
most serious offences
always tried in crown court
indictable offences max fine
unlimited
indictable offences max prison sentence
life
indictable offences examples
s18 GBH , murder
reasons to why D can appeal their case if they don’t agree with the decisions
conviction
sentence
on a point of law
conviction as an appeal
where D is found guilty, they can ask another court if this is correct
on sentence as an appeal
where D believes the sentence is too harsh, this can be reconsidered
the appeal court will either increase, decrease or uphold the original sentence
on a point of law as an appeal
either P or D can challenge on a point of law where they believe the rules have not been correctly interpreted or scripted
what sets out the aims of sentencing
s142 criminal justice act 2003 for those aged 18+
aims of sentencing
retribution
incapacitation
deterrence
rehabilitation
reparation
retribution
punishment of the offender
reparation
compensating for the crime to the V by ordering D to pay V a sum of money
rehabilitation
reform the offender and rehabilitate them into society
incapatitation
incapable of reoffending eg electronic tagging
deterrence
putting the D or other potential criminals off from reoffending
2 types of factors that judges consider when sentencing
aggravating factors
mitigating factors
Aggravating factors examples
D used or adapted a weapon
D had previous convictions
D had no sympathy
D chose a vulnerable victim
Mitigating factors examples
D showed genuine remorse
D had no previous convictions
D pleaded guilty at the first instance
Pre sentencing reports
Give information about the defendant’s background and suitability for community based punishment
Sentencing guidelines
Issued by the government
Medical reports
For medical or psychiatric problems
Financial situation
May be taken into account when settling the amount of the fine
What are other factors that judges consider when sentencing
Financial situation
Medical report
Sentencing guidelines
Pre sentencing reports
Types of sentences
Custodial
Community sentences
Fines
Discharges
Custodial sentences
Most serious punishment that can be given
Custodial sentences length
Few weeks to life in prison
Community sentences examples
Unpaid work in the community
Drug or alcohol treatment
Curfew requirement
How are fines determined
Depends on offender’s ability to pay
What are fines used to cover?
Compensation of the Victim
Court costs
What type of discharges are there
Absolute
Conditional - based on whether the criminal reoffends
What are lay people
People who work in the legal system but are not fully qualified
Examples of lay people
Juries
Magistrates
Role of magistrates
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
Role of juries
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
How many juries sit in Crown Court?
12
What is one advantage of using juries?
Jury equity
They are not legal experts so are not required to follow precedents, instead, they focus on deciding based on fairness
What is another advantage of using juries
12 people involved
Avoids bias and makes decision making fairer
Disadvantages of using juries
Media influence - media coverage may influence judges, especially in high profile cases
Fraud trials - the judges may have a lack of legal knowledge
