Criminal courts and lay people Flashcards
completed deck
What are the three catergories of offences?
summary offence
tried either way offence
indictable offence
What is a summary offence and what court is it heard in? Give examples:
Least serious and can only be tried in the magistrates court e.g. assault, minor speeding offences
What is a tried either way offence and what court is it heard in? Give examples:
Medium serious and can be tried in either the magistrates court or crown court e.g. theft, burglary
What is an indictable offence and what court is it heard in? Give examplesl:
Most serious crimes which must be tried in the crown court e.g. murder, manslaughter
How many magistrates courts are in England and Wales?
240
Who hears the cases in a magistrates court?
A panel of three magistrates or one district judge
What does the magistrates mainly deal with?
All summary offences and they hear triable either way offences where the magistrates are prepared to accept jurisdiction and where the D agrees to a summary trial by the magistrates
What percentage of criminal cases does the magistrates hear?
95%
Other than hearing summary offences and some triable either way offences, what does the magistrates do?
All preliminary hearings , issuing warrants, deciding bail application, and hear cases in the youth court where D is aged 10-17
What is the maximum custodial sentence a magistrate can impose for a summary offence and TEW?
summary - 6 months
TEW - 12 months
What is the limit magistrates have for fines?
£5,000
How many Crown courts are there in the UK and roughly how many cases does each one hear each year?
90 crown courts
80,000 cases a year
What does the Crown Court hear?
Some TEW offences that are too serious for magistrates court, all indictable offences, and appeals from the magistrates court
What happens if a defendant pleads guilty in the crown court?
The crown court judge will sentence the defendantWh
What happens if a defendant pleads not guilty in the crown court?
The case will be tried by a judge and jury of 12
Who decides the verdict in crown court?
The jury
Who decides the sentence in the crown court?
The judge
How many members of the jury have to agree to pass the verdict?
Normally a unanimous decision but a 10-2 split will be accepted if an agreement cant be reached
What does S.51 Crime and Disorder Act 1998 cover?
Bail must be addressed unless its a murder case
What are the three questions asked during the Early Administrive Hearing?
1) does the D require legal aid
2) are any reports required e.g. pre-sentence report or medical to be arranged
3)What is the situation regarding bail?
What is the plea before venue?
The D is asked whether they plead guilty or not guilty to the offence
What happens if a defendant gives a guilty plea?
This will be automatically heard by the magistrates court but they retain the option of sending the D to the Crown Court if necessary
What happens if a defendant gives a non guilty plea?
Mode of trial procedure must take place to decide on the most appropriate court to try the case
What reason might a defendant make an appeal?
On conviction, sentencing, or both
If an appeal is made from the magistrates court where does it go?
Crown court
Why would a defendant not be allowed to appeal?
If their original plea was guilty
Does a defendant needs a leave (permission) to appeal from the magistrates?
No, this is an automatic right of appeal
Once an appeal has been made from the magistrates court what will happen?
The case will be completely reheard in the crown court by a judge and two magistrates
If a D was to appeal against their conviction, what may the crown court do after the appeal?
Confirm or vary conviction, or acquit D
If a D was to appeal against their sentence, what may the crown court do after the appeal?
Confirm sentence
increase sentence
decrease sentence
How would a defendant make an appeal straight from the magistrates’ court to the King’s Bench Division? Give a case example:
This is only available if the appeal is against conviction on point of law: Osman v DPP
What is the only appeal available for the prosecution from the magistrates court?
They can appeal to the Kings bench division against acquittal on a point of law only
Who can appeal to the supreme court and how do they do it?
Both the defendant and prosecution can appeal further to the SC from the KBD on a point of law of general public importance
Permission must be granted by the SC or KBD
What can a defendant appeal against from the crown court to the court of appeal?
Against conviction or sentence
Leave/permission must be granted from the court of appeal for an appeal from the crown court, what percentage of cases get this?
30%
If the court of appeal accepts an appeal from the crown court, what might they do with the defendant?
Quash their conviction
order a retrial
vary the conviction to a lesser crime
decrease sentence but not increase it
What might the prosecution team appeal for from the crown court?
An order to quash an acquittal because of jury hobbling - retrial ordered
Quash acquittal on the grounds of new compelling evidence
Review of an unduly lenient sentence
what are the three types of sentences?
custodial
community
non-custodial: fines, discharges, disqualification from driving
What is a custodial sentence?
The most serious punishment that a court can impose because it affects the liberty of D and can heavily impact their life
What is the act in relation to custodial sentences?
Criminal Justice Act 2003
What does s.152 Criminal Justice Act 2003 state?
The court must not pass a custodial sentence unless its of the opinion that the offence committed was so serous neither a fine alone nor a community service can be justified
What is a mandatory life sentence and when will it be imposed?
When the offence is murder - it doesn’t always mean actual life imprisonment but the judge must give a minimum number of years that must be served before being eligible for release
What is a fixed term sentence?
Imprisonment for a set number of months or years. Once a prisoner has served half of the sentence they are automatically released
What is a suspended sentence?
Up to a maximum of two years, the offender is allowed to remain at liberty. If he does not commit any further offences the prison sentence will not be served.
What is a discretionary life sentence?
For other serious offences such as manslaughter or rape the maximum sentence is life but the judge doesn’t have to impose it, he has discretion, he could impose a community order or a fine
What introduced the extended Determinate Sentences?
LASPO - Legal Aid, Sentencing and Punishment of Offenders Act 2012
What is the EDS used for?
For dangerous offenders convicted of serious sexual and violent crimes with no automatic release from prison halfway through their sentence. The court may assess the offender as a significant risk to the public
Which Act created a community order under which the court can combine any requirements they think are necessary?
s.177 Criminal Justice Act 2003
Who can be given a community order?
Anyone over 18
What are 4 types of community orders?
unpaid work requirement
drug rehabilitation requirement
curfew requirement
supervision requirement
What is the most common type of non-custodial sentence given out by the magistrates court?
fines
What are the limits on fines that can be given out by the magistrates? (there are three limits)
£5,000 to an individual
£20,000 to a business
LASPO - Level 5 - unlimited
What would the courts impose on a defendant if a punishment would be unnecessary?
Discharge
What are the two types of discharge?
Absolute and Conditional
What is absolute discharge?
A person is found guilty of a crime but is not given a punishment as the experience of being taken to court was enough of a punishment - no restrictions imposed
What is a conditional discharge?
Where an offender is released from punishment if they don’t commit another crime within a specified time period. If they do commit a crime they can be charged for both the original crime and new offence
For a first drink driving offence, what would the judge impose as a punishment?
12 month disqualification from driving
For a drink driving offence with previous drink driving offences, what punishment would the judge impose?
3 year disqualification from driving
Other than drink driving, when else would a judge impose a driving disqualification?
When an offender is caught driving too or from a burglary
What is the Sentencing Act 2020?
This act contains the sentencing code to provide a single reference point for law on sentencing adults and young offenders. judges need to refer to the code, rather than to previous legislation
What does the sentencing code from the Sentencing Act 2020 include?
General provisions relating to sentencing procedure, the different types of sentences available to the courts, and certain behaviour orders that can be imposed in addition to a sentence.
What are the 5 aims of sentencing?
Need to punish offenders
Need to reduce crime rate
Need to reform and rehabilitate offenders
Need to protect the public
Need to compensate both the V and society
Under what act are the aims of sentencing laid out in?
s.57 Sentencing Act 2020
What is the aim of ‘punishment’ and what is it also known as?
Retribution - based on the idea of an eye for an eye - the victims and society are being avenged for the wrong done.
What is deterrence as an aim of sentencing and what are the two types?
Aims to reduce crime rate through a fear of punishment: individual deterrence and general deterrence
What is meant by individual deterrence?
The aim of punishment to discourage the offender from criminal acts in the future. The belief that when punished, offenders recognise the unpleasant consequences of their actions on themselves and will change their behaviour
What is meant by general deterrence?
The intention to deter the general public from committing crime by punishing those who so offend. When the public see an offender being punished they don’t want to experience the punishment
What is the aim of Reform/Rehabilitation?
Aimed at changing the behaviour of the offender so he can be reintegrated back into society. It’s hoped that the offenders behaviour will be altered by the penalty imposed so that he will not offend again in the future
What is the reasoning of ‘protection of the public’ as an aim of sentencing?
This is the theory that the public needs to be protected from dangerous offenders
What Act introduced the provision for serious offences in order to protect the public?
The Legal Aid Sentencing and Punishment of Offenders Act 2012 -LASPO
What does LASPO state about the protection of the public in terms of serious offenders?
Where the court is of the opinion that there is a significant risk to members of the public of serious harm being caused by D in the future, the court must send him to prison for the protection of the public
How does sentencing protect the public?
By locking away serious offenders it stops them harming the public. This can be physically or mentally, as when people known dangerous offenders are in prison it makes them more relaxed when out in public
What examples of sentencing fulfill the aim of protecting the public?
Extended Determinate sentences
New mandatory life sentences
curfews
electronic tags
What is the aim of reparation?
to compensate the victim of the crime usually by ordering the offender to pay a sum of money or to make restitution e.g. by returning stolen property
What are sentencing factors?
When sentencing, the courts will take several factors into account before they come to a decision. The most important factor is seriousness of the offence
In what Act is the most important factor of seriousness when deciding a sentence contained in?
S.143(1) Criminal Justice Act 2003
Under the CJA 2003, what two things must be considered when deciding the seriousness of the offence in relation to the sentencing?
1) the offender culpability in committing the offence
2) any harm which the offence: caused, was intended to cause, might foreseeably have caused
What are the three main factors of sentencing?
aggravating factors
mitigating factors
early guilty plea
What are aggravating factors? Give examples:
Aggravating factors make the sentence more likely to be harsher, such as previous convictions, using a weapon, showing no remorse, and offences committed on bail
What are mitigating factors? Give examples:
Mitigating factors make the sentence more likely to be lenient, such as it being your first offence, showing remorse, not using a weapon
What are lay magistrates?
Volunteers who sit in magistrates court and listen to 95% of all criminal cases. They hear all preliminary hearings, and summary offences and less serious tried either way offences.
What are the requirements to become a magistrate?
There are no academic qualifications required to be a LM only three basic requirements:
18-74 years old
demonstrate the 6 qualities
must sit for 13 days a year
What are the restrictions on becoming a magistrate?
serious offences or multiple minor
undischarged bankruptcy
incompatible jobs e.g. police officers
those who can’t carry out the duty e.g. deaf
What are the 6 key qualities a magistrate must show?
good character
commitment & reliability
social awareness
sound judgement
understanding & communication
maturity and sound temperament
How would someone apply to be a magistrate?
Through Gov.UK application form
How many new lay magistrates are appointed each year?
1200
Who makes the decision to accept magistrates and who makes recommendations to them?
The appointments are made by the senior presiding judge who relies on recommendations made by the Local Advisory Committee
Who are the Local Advisory Committee, and what do they do?
The committee should have a maximum of 12 members and these should include a mixture of magistrates and non-magistrates. The committee tries to encourage as wide a range of potential candidates as possible to put themselves forward
How does the Local Advisory Committee get people to apply to be a magistrate?
Advertisements may be placed in local papers, or on community boards, radios or on social media or can be made via the Government website.
What two interviews take place in the selection process of magistrates?
First interview
Second interview
What is the first interview in the selection process of magistrates?
the LAC will look at candidates general character, personal attributes and whether they posses the 6 key qualities
What happens during the second interview of the selection process of magistrates?
This interview assesses the candidates judicial aptitude by looking at case studies
What happens during the selection process after the interviews of applicants has taken place?
The LAC recommends suitable candidates to the Lord/Lady Chief Justice who designates the role to the Senior Presiding Judge under the Crime and Courts Act 2003.
What happens once a candidate has been chosen to be a magistrate?
They will be sorn in as a magistrate at a local court. Once appointed LM to undergo extensive training. It’s said whilst this training is to legal training, it fully prepares LMs for the tasks they need to perform
What is the general role of lay magistrates in criminal cases?
They spend most their time in magistrates hearing cases but also sit in the Youth court and Crown court for appeals. They will deal with approximately 95% of all criminal cases
Name some of the roles performed by lay magistrates:
Issue warrants
All preliminary hearings
All summary offences
Some tried either way offences
bail applications
What are the three qualifications needed to be a member of the jury? and what act where they set out in?
Juries Act 1974
Aged between 18-75
Registered to the electoral register
ordinary resident in the UK
What are the three reasons a person would be disqualified from being a member of the jury for life?
They’ve been given a life sentence
They’ve been given a detention during his majesty’s pleasure
They’ve been given a custodial sentence of 5 years or more
What are the three reasons a person would be disqualified from being a member of the jury for a 10 year period?
A person who is given a custodial sentence of less than 5 years
A person who has received a suspended sentence
Anyone given a community order
What’s the rule of being a member of the jury while on bail?
A person can’t be a member of the jury during their period of bail
Other than being disqualified, what other reasons would a person not have to fulfill their jury service?
Excusals
Mentally disordered persons
those considered ineligible due to lack of capacity
What would happen if someone simply chose not to attend their jury service?
Fine of £1,000
What are the two types of excusals?
Right of excusal
Discretionary excusal
What is meant by right of excusal?
Members of the armed services would be given the right of excusal but as long as their commanding officer certifies they are needed for military service
Anyone who has been a juror within the last 2 years
Excused for a good reasons ( exams, pregnancy etc.)
What is a discretionary excusal?
There will be people who don’t want to do jury service when they have been selected. If they want to avoid attending and not be fined, they must write to the court and explain why they can’t attend
How would a person write into the court to avoid attending jury service?
The person must apply to the Jury Central Summoning Bureau and show they have a good reason and usually the service will be deferred until a later date
Give 4 examples of why someone would be excused from jury service:
Students with exams
Work or personal circumstances
illness
Pregnancy
What are the rules surrounding a mentally disordered person doing jury service?
People who suffer from serious mental illness and are either a resident in a hospital/institution or are receiving treatment for their condition are not allowed to sit in the jury. If the mental illness is not serious then the person can choose whether or not they undertake the service
Who would be considered illegible to do jury service due to lack of capacity?
Those who don’t understand English adequately
Due to some disability which will prevent them serving: blind or deaf
How does the selection of the jury take place?
Selection is random and undertaken by the Jury Central Summoning Bureau from the electoral register
How are the summons for jury service sent out? and how long do they have to respond?
They are sent out electronically and the person has 7 days to respond
Approximately how many summons are sent out per court over two weeks?
150 summonses
How many people will a court official select to take into the courtroom?
15 people at random - a larger number will be selected at this point id the trial is expected to last longer than two weeks as some may not be able t take an extended period from work - only 12 of the 15 will be selected to hear the case
What are the two checks that are carried out on the jurors once selected?
Defence request for a jury check
Authorised jury checks
What is the defence request for a jury check? What service is used?
Checks can be made on prospective jurors to eliminate those who are disqualified: Disclosure and Barring Service
What are authorised jury checks?
A wider check is authorised into a juror’s background and political affiliations. Should only be used in exceptional cases involving national security and only carried out with the Attorney General’s express permission
Who is allowed to see the list of jury members before a trial starts?
The defence and prosecution and in certain circumstances they can challenge one or more members of the jury
What are the three types of challenges the defence and prosecution can put forward against a member of the jury?
to the array
for cause
the right to stand by
What is meant by ‘to the array’ when challenging members of the jury? and who can use this?
available to both prosecution and defence - challenges the whole jury - this challenge is in respect of the way the jury is selected e.g. an unrepresentative way
What is meant by ‘for cause’ when challenging members of the jury? and who can used this?
Available for both prosecution and defence - challenging an individual juror due to connection with the case or incapacity
What is meant by ‘right to stand by’ when challenging members of the jury? and who can used this?
Available only to prosecution - Challenging a single juror who will be put at the end of the line of being selected and no reason needs to be given
What is the main role of the jury in criminal cases?
Listen to the evidence, retire to the jury room to discuss the case in secret, jury decide the verdict, a split verdict of 10-2 will be accepted
Name a case where the jury created an injustice outcome for the defendant and how did they do it?
R v Young 1995 - Four jurors held a seance using a ouija board to try and contact the dead in which the jury returned a guilty verdict
