Criminal Courts And Lay People Flashcards
Q: What are the two main criminal courts in England and Wales?
A: The Magistrates’ Court and the Crown Court.
Q: What types of cases are heard in the Magistrates’ Court?
A:
Summary offences (minor crimes like speeding, assault).
Either-way offences (if dealt with summarily).
Preliminary hearings for indictable offences.
Youth Court cases (defendants aged 10-17).
Some civil matters (e.g., licensing appeals).
Q: What types of cases are heard in the Crown Court?
A:
Indictable offences (serious crimes like murder, robbery).
Either-way offences (if sent for trial).
Sentencing appeals from Magistrates’ Court.
Q: What is the criminal court hierarchy for appeals?
A:
Magistrates’ Court → Crown Court → Court of Appeal (Criminal Division) → Supreme Court
Q: What are the three classifications of criminal offences?
A:
Summary offences – least serious, tried in Magistrates’ Court (e.g., driving offences, minor assault).
Either-way offences – middle category, can be heard in either Magistrates’ or Crown Court (e.g., theft, ABH).
Indictable offences – most serious, must be tried in Crown Court (e.g., murder, GBH).
Q: What is a Mode of Trial hearing?
A: A hearing where the Magistrates decide if they have sufficient sentencing power for an either-way offence. If not, the case is sent to the Crown Court.
Q: What is a Plea and Trial Preparation Hearing (PTPH)?
A: A preliminary hearing in Crown Court to manage the case and ensure readiness for trial.
Q: How can a defendant appeal a conviction from the Magistrates’ Court?
A:
To the Crown Court – if they plead not guilty, they can appeal against conviction or sentence.
To the High Court (Queen’s Bench Division) – by way of case stated (on a point of law).
Q: How can a defendant appeal from the Crown Court?
A:
To the Court of Appeal (Criminal Division) – against conviction or sentence, if they obtain leave to appeal.
To the Supreme Court – if the case involves a point of public importance.
Q: What are the aims of sentencing?
A:
Retribution – punishment for wrongdoing.
Deterrence – discouraging reoffending.
Rehabilitation – reforming offenders.
Public protection – keeping society safe.
Reparation – compensating victims.
Q: What are the four main types of sentences?
A:
Custodial sentences – imprisonment (e.g., life sentences, determinate sentences).
Community orders – unpaid work, rehabilitation, curfews.
Fines – monetary penalty based on offender’s means.
Discharges – conditional or absolute (no further punishment unless reoffended).
Q: Who are lay magistrates, and what do they do?
A: Lay magistrates are unpaid, part-time judges who hear cases in the Magistrates’ Court. They deal with summary and either-way offences, bail hearings, and some civil cases.
Q: What are the qualifications to become a magistrate?
A:
Aged 18-70.
No legal qualifications required.
Must have key qualities like sound judgment, reliability, and social awareness.
Q: How are magistrates appointed?
A:
Appointed by the Lord Chief Justice (via the Local Advisory Committee).
Must undertake training by the Judicial College.
Q: What are the advantages of lay magistrates?
A:
Cheap and cost-effective compared to professional judges.
Public participation in the justice system.
Local knowledge of the community.
Lower reoffending rates than Crown Court.
Q: What are the disadvantages of lay magistrates?
A:
Inconsistent sentencing across regions.
Over-reliance on legal advisors.
Potential bias towards the police
Q: What is the role of a jury in a criminal trial?
A: To decide guilt or innocence in Crown Court cases based on the evidence presented.
Q: What are the qualifications to serve on a jury?
A:
Aged 18-75.
Registered voter in the UK.
Resident in the UK for at least 5 years since age 13.
Q: What are the grounds for jury disqualification?
Serious criminal convictions.
Mental health conditions.
On bail for a criminal offence.
Q: What are the types of jury vetting?
A:
Routine police checks – to remove those with disqualifications.
Wider background checks – in cases of national security or political sensitivity.
Q: What are the methods of jury selection?
A:
Random selection from the electoral roll.
Challenges by prosecution/defence (challenge for cause, right to stand by).
Q: What are the advantages of jury trials?
A:
Public participation in justice.
Fairness & impartiality (random selection reduces bias).
Jury equity – can make decisions based on fairness, not just law (e.g., Clive Ponting case).
Q: What are the disadvantages of jury trials?
A:
Lack of legal knowledge.
Jury tampering & media influence.
Inconsistent verdicts due to personal biases.
