criminal courts and lay people

Question 1

what are the two types of criminal courts?

Answer 1

crown crown
magistrates court

Question 2

what are the three types of criminal offences?

Answer 2

summary offences
triable either way offences
indictable offences

Question 3

summary offences

Answer 3

the least serious offences
can only be trialed in magistrates court

Question 4

summary offences max fine

Answer 4

unlimited

Question 5

summary offences max prison sentence

Answer 5

6 months

Question 6

summary offences examples

Answer 6

assault
battery

Question 7

triable either way offences

Answer 7

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

Question 8

triable either way offences examples

Answer 8

s20 GBH, theft

Question 9

indictable offences

Answer 9

most serious offences
always tried in crown court

Question 10

indictable offences max fine

Answer 10

unlimited

Question 11

indictable offences max prison sentence

Answer 11

life

Question 12

indictable offences examples

Answer 12

s18 GBH , murder

Question 13

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

Answer 13

conviction
sentence
on a point of law

Question 14

conviction as an appeal

Answer 14

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

Question 15

on sentence as an appeal

Answer 15

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

Question 16

on a point of law as an appeal

Answer 16

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

Question 17

what sets out the aims of sentencing

Answer 17

s142 criminal justice act 2003

Question 18

aims of sentencing

Answer 18

retribution
incapacitation
deterrence
rehabilitation
reparation

Question 19

retribution

Answer 19

punishment of the offender

Question 20

reparation

Answer 20

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

Question 21

rehabilitation

Answer 21

reform the offender and rehabilitate them into society

Question 22

incapatitation

Answer 22

incapable of reoffending eg electronic tagging

Question 23

deterrence

Answer 23

putting the D or other potential criminals off from reoffending

Question 24

2 types of factors that judges consider when sentencing

Answer 24

aggravating factors
mitigating factors

Question 25

Aggravating factors examples

Answer 25

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

Question 26

Mitigating factors examples

Answer 26

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

Question 27

Pre sentencing reports

Answer 27

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

Question 28

Who are sentencing guidelines issued by?

Answer 28

Issued by the government

Question 29

What are shown on medical reports?

Answer 29

For medical or psychiatric problems

Question 30

Financial situation

Answer 30

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

Question 31

What are other factors that judges consider when sentencing

Answer 31

Financial situation Medical report Sentencing guidelines Pre sentencing reports

Question 32

Types of sentences

Answer 32

Custodial Community sentences Fines Discharges

Question 33

Custodial sentences

Answer 33

Most serious punishment that can be given

Question 34

Custodial sentences length

Answer 34

Few weeks to life in prison

Question 35

Community sentences examples

Answer 35

Unpaid work in the community Drug or alcohol treatment Curfew requirement

Question 36

How are fines determined

Answer 36

Depends on offender's ability to pay

Question 37

What are fines used to cover?

Answer 37

Compensation of the Victim Court costs

Question 38

What type of discharges are there

Answer 38

Absolute Conditional - based on whether the criminal reoffends

Question 39

What are lay people

Answer 39

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

Question 40

Examples of lay people

Answer 40

Juries Magistrates

Question 41

Role of magistrates

Answer 41

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

Question 42

Role of juries

Answer 42

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

Question 43

How many juries sit in Crown Court?

Answer 43

12

Question 44

What is one advantage of using juries?

Answer 44

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

Question 45

What is another advantage of using juries

Answer 45

12 people involved Avoids bias and makes decision making fairer

Question 46

Disadvantages of using juries

Answer 46

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