criminal courts and lay people Flashcards
categories of offences
summary offenses - least serious and can only be tried in magistrates court (driving offences, assault)
triable either way - medium serious and can be tried in either magistrates or crown court (theft)
indictable - most serious which must be tried in crown court (murder)
jurisdiction of magistrates court
try all summary offenses
try TEW where magistrates accept and the defendant agrees
account for 95-97% of all criminal cases
deal with preliminary hearings for TEW and indictable offenses
deals with all side matters such as search warrants and bail applications
what is the sentencing power of the magistrates court
max 6 months imprisonment
max fine for level 5 offences is unlimited
jurisdiction of crown court
some TEW offences where D elected for them or case is too serious for magistrates
all indictable matters
appeals from the magistrates court
guilty plea = judge will decide sentence
not guilty plea = jury will decide
pre trial procedure for summary matters
all aspects dealt with at magistrates court
if they plea guilty magistrates will sentence
not guilty = trial takes place
pre-trial procedure for indictable matters
transferred to crown court after first hearing at magistrates court
plea and trial prep to take place as soon as possible
prosecution and defence disclosure
pre-trial procedure for TEW
magistrates or court clerk will perform early administrative hearing.
court asks does D require legal aid, are any reports required - pre-sentence or medical, and what is the situation regarding bail
plea before venue
guilty plea - heard by magistrates court
not guilty = magistrates look at the nature of offence and if they feel it is too serious it will be passed to crown court
D is given choice of court
defence appeals from magistrates court
D may appeal conviction, sentence or both to the crown court
D may only appeal if original appeal was not guilty
automatic right of appeal
what happens in magistrate court appeals
case will be completely reheard in crown court by judge and 2 magistrates
if against conviction - may vary or confirm conviction or acquit D
if against sentence - may increase or decrease sentence or confirm it
defence appeals from magistrates to KBD
only available for appeal against conviction on a point of law
Osman v DPP
prosecution appeals from magistrates court
only appeal available is to KBD on a point of law
further appeal to supreme court
both defence and prosecution can appeal on a point of law of general public importance
defence appeals from crown court
appeal against conviction or sentence
leave of appeal required and application must be made within 28 days
can quash conviction, order a retrial, vary to conviction of a lesser sentence, decrease sentence
prosecution appeals from crown court
appeal to CoA to quash conviction on grounds of new evidence
AG may refer an unduly lenient sentence to CoA for review
when will a custodial sentence be passed
S.152 Criminal justice act 2003 as updated by sentencing act 2020 states
the court must not pass a custodial sentence unless the offence was so serious that neither fine or community sentence is justified
what are the 4 types of custodial sentences
mandatory life
discretionary life
fixed term
suspended
mandatory life sentence
must be given when murder
minimum of 12 years to a whole life order
minimum sentence must be served before eligible for release
discretionary life sentence
for other serious crimes such as manslaughter, the max is life but judge doesnt have to impose it, could be a community order or fine
fixed-term sentence
imprisonment for a set number of months or years. once half the sentence is served they can be released
suspended sentence
up to a max of 2 years the offender can remain at liberty
if no further crimes are committed the sentence wont be served
unpaid work requirement
working for free on projects
between 40- 300 hours
work should be of clear benefit to the local community
drug rehabilitation requirement
comprises structured treatment and regular drug testing
offender must consent to order
between 6 months and 3 years
curfew requirement
restrictions on offenders movement for certain periods of the day
reduces the likelihood of reoffending
supervision requirement
the responsible officer will be a qualified social worker
must impose if offender is under 18
works to achieve active change
fines
max fine from magistrates court is 5000, for level 5 offences max is unlimited
absolute discharge
court decides not to impose punishment as experience of going to court is punishment enough
conditional discharge
if the offender commits another offence they can be sentenced for the first and second crime
disqualification from driving
length depends on seriousness of offence
aims of sentencing
punishment
deterrence
reform/rehabilitation
protection of the public
reparation
punishment
based on an eye for an eye
society and victim are being avenged for wrong done
doesnt aim to reduce crime rates or alter future behaviour
deterrence
aimed at reducing crime rates through fear of punishment
2 types:
individual
general
individual deterrence
discourage offender from criminal acts in the future
general deterrence
deter the general public from committing crime by punishing those who offend
reform
aimed at changing the behaviour of the offender so he can be reintegrated into society
to prevent reoffending and lower crime rates and less people in prison
protection of the public
keeps violent offenders away from the public to prevent further harm
reparation
compensating the victim by ordering the offender to pay a sum of money
sentencing factors
S63 Sentencing Act 2020
where a court is considering the seriousness of the offence it must consider
the offender culpability
any harm caused, intended or foreseeable
aggravating factors
issues that make an offence more serious
Examples:
committed on bail
previous convictions
discriminatory motivations
use of weapons
against a vulnerable person
mitigating factors
issues that make an offence less serious
examples
age - youth offenders
remorse
1st time offender
mental disability
co-operation with police
other factors affecting sentencing
guilty plea
will reduce the sentence in certain circumstances
as it saves court time
what are the three basic qualifications of a lay magistrate
aged between 18-74 (must retire at 75)
live/work in the area which they want to serve
prepared to sit at least 26 half days per year
what will disqualify a lay magistrate
a serious criminal conviction
undischarged bankrupts
a member of the forces
police officers or traffic warden
a relative of those with an incompatible job
how are lay magistrates selected and appointed
Application is made to the Local Advisory Committee
The LAC will review all applications and aim to select a good cross-section of society
Candidates must undertake two interviews.
First Interview will look at the candidate’s general character, personal attributes and whether they possess the six key qualities.
Second interview assesses the candidate’s judicial aptitude and qualities by looking at case studies
what are the 6 key qualities of a lay magistrate
set out in 1998 by the lord chancellor:
good character
understanding and communication
social awareness
maturity and sound temperament
sound judgement
commitment and reliability
role of magistrates
mainly deal with criminal cases(theft) but deal with some civil matters (licensing for alcohol)
sit as a panel of 3 but a district judge will sit alone
Magistrates deal with approximately 95% of all criminal matters including all summary matters from start to finish
Some triable either-way matters - deal with plea before venue hearings
The first hearing of indictable cases.
They deal with preliminary matters including EAH
Specially nominated and trained magistrates work in the Youth Court and hear criminal cases involving young offenders between 10-17 years old.
Magistrates sit in the Crown Court with a professional judge to hear appeals from the Magistrates’ Court
jury qualifications
set out in the Juries Act 1974 :
aged between 18 and 75
registered as a parliamentary or local government elector
resident in the UK for at least five years since age of 13
jury disqualifications for life
if the person has been imprisoned for life
been detained during Her Majesty’s Pleasure
had a sentence of imprisonment of 5 years or more
jury disqualifications for 10 years
if they have served a custodial sentence of less than 5 years
a suspended sentence
been given a community order
A person is disqualified whilst on bail
ineligible for jury
people with certain mental health issues (not automatically ineligible), people who cannot speak/understand English,
those with a disability which would stop them carrying out the role and deafness
A discretionary excusal may be applied for. This will defer jury service. A deferral may be granted for ‘good reason’
selection of jury
Names selected randomly from the electoral register.
Approximately 150 summonses for each court are sent every two weeks.
Fifteen randomly chosen at court from the jury pool. Twelve chosen at random in court by the clerk.
Checks and challenges are undertaken.
Vetting includes routine police checks and, in exceptional circumstances, wider background checks for political affiliations. Permission from the Attorney General is required.
Jury members may be challenged either
to the array
for cause or
told to stand by
role of jury
Jury hears evidence and summation by the judge.
At the end of the trial the jury will retire to discuss the case in secret.
The jury will decide if the defendant is guilty or not guilty based on the facts presented to them.
Whilst a unanimous decision is preferred, a majority decision may be allowed, for example, 10-2.
No reason for the decision is required
