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Law > Criminal Courts And Lay People > Flashcards

Criminal Courts And Lay People Flashcards

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1
Q

Summary offence

A

Minor crimes such as careless driving

Can only be tried at the magistrates court

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2
Q

Indictable offence

A

Serious crimes such as murder

Can only be tried at the crown court

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3
Q

Either way offence

A

Middle range offences which can vary in the degree of harm caused such as theft

May be tried at either court

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4
Q

Role of lay magistrates: magistrates try all summary offences and decide…

A

If D is guilty or not guilty, after hearing the evidence and applying the relevant law

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5
Q

Role of lay magistrates: they decide what the…

A

Sentence should be where D pleads guilty or is found guilty

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6
Q

What is the maximum sentence for a single criminal offence committed by an adult

A

6 months imprisonment (12 months for two) and/or an unlimited fine

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7
Q

Role of lay magistrates: they deal with…

A

The first hearing of all indictable offences then transfer those cases to the crown court

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8
Q

Role of lay magistrates: they can issue…

A

An arrest warrant and/or issue a search warrant to the police

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9
Q

Role of lay magistrates: they can extend the…

A

Period of detention of a suspect at a police station

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10
Q

Role of lay magistrates: they decide whether D should be granted…

A

Bail or remanded in custody between court appearances

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11
Q

Role of lay magistrates: specially trained magistrates sit in…

A

The youth court to hear criminal charges against those aged 10-17 years old

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12
Q

Role of lay magistrates: sit in crown court with a judge where…

A

A case is on appeal from the magistrates court against conviction and/or sentence

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13
Q

Role of lay magistrates: deal with the procedure of either way offences…

A

Either way offences can be tried either before magistrates in magistrates court or before judge and jury in crown courts. Under the plea before venue and allocation procedure D is asked whether s/he pleads guilty or not guilty to the offence

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14
Q

What happens if D pleads guilty under plea before venue and allocation?

A

The magistrates must decide whether their sentencing powers are sufficient to sentence D or if the case should be committed to the crown court for sentence1`

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15
Q

what happens if D pleads not guilty under the plea before venue and allocation

A

magistrates must work out the most appropriate court to allocate the case for trial- hear arguments from prosecution and defence with any relevant previous convictions

should be tried in MC unless its likely that sentencing powers will be insufficient

if case isn’t suitable for trial by MC they’ll commit it to CC

if magistrates are prepared to hear case- d given a choice of trial court- likely sentence indication given to help decide

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16
Q

if the trial for an either way offence is in MC what will happen

A

adjournment and a decision on bail will be made

on day of trial 3 magistrates will hear evidence and decide on guilt or innocence- must be unanimous/by majority

sentence up to max sentencing powers or commit case to CC for sentence

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17
Q

what age must candidates be to become a magistrate

A

16-65 on appointment

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18
Q

how many times must magistrates commit to sitting in court per year

A

26 minimum

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19
Q

6 key qualities that magistrates should have

A
  • good character
  • understanding and communication
  • social awareness
  • maturity and sound temperament
  • sound judgement
  • commitment and reliability
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20
Q

which types of people are excluded from becoming magistrates

A
  • anyone whos work is considered incompatible with duties of magistrate eg police
  • serious criminal convictions
  • undischarged bankrupts
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21
Q

first stage in the selection of magistrates

A

local advisory commitees advertise for individuals in local community to put themselves forward

aim to create bench that’s representative of all aspects of society

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22
Q

second stage in selection of magistrates

A

two interviews by local advisory committees

first: assess attitudes and key qualities of candidate
second: pratcial with sentencing exercises

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23
Q

third stage in selection of magistrates

A

following interview process, local advisory committee will recommend suitable people to lord chief justice or their delegate

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24
Q

fourth stage in appointment of magistrates

A

lord chief justice or delegate will appoint from lost of recommended candidates sent by local advisory committees

aim to have balance of gender, ethnicity and occupations

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25
Q

fifth stage in appointment of magistrates

A

background checks are carried out prior to formal appointment

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26
Q

sixth stage in appointment of magistrates

A

oath of allegiance must be sworn at swearing in ceremony

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27
Q

problems with make up of magistrates bench today

A

still a feeling that magistrates are ‘middle class, middle aged and middle minded’ despite efforts

vast majority of them come from professional/managerial backgrounds

few young magistrates- most middle aged or older

‘middle minded’- mostly conservative supporters

less representative of society ITO ethnicity- 8.7% compared to 14% population

gender balanced- 52% female- much higher than in professional judiciary

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28
Q

who is much of magistrates training delivered by

A

magistrates clerks

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29
Q

which initiative is used to train magistrates

A

magistrates new training initiative MNTI 2

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30
Q

initial training

A

before sitting in court a new magistrate will undergo introductory training on the basics of the role. after this she/he will sit in court with 2 other experienced magistrates

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31
Q

mentoring

A

each new magistrate has a specially trained magistrate mentor to guide them through their first months

32
Q

core training

A

over the first year, further training, visits to prisons/young offenders institutions and/or observations of other magistrates take place to equip magistrates with the key knowledge they need

33
Q

consolidation training

A

at the end of the first year, consolidation training builds on the learning from sittings and core training

designed to help magistrates plan for their ongoing development and prepare for their first appraisal

34
Q

first appraisal

A

about 12-18 months after appointment, when both mentor and magistrate agree she/he is ready, the new magistrate is appraised. when successful, the magistrate is regarded as fully competent

35
Q

when do magistrates continue training and being appraised

A

they continue to do so whilst they work

36
Q

which type of magistrate is specific training required for

A

those who sit in the youth court/ who are appointed as chairmen of the bench

37
Q

advantage of magistrates related to public confidence

A

public confidence in trial by ordinary people

better able to understand their lives that judges and lawyers from middle and upper middle class backgrounds

38
Q

advantage of magistrates related to diversity

A

wider cross section of society than would be possible in judge only trials

especially women- 52%- much higher than professional judiciary

39
Q

advantage of magistrates related to competency

A

legal adviser able to sit in court with magistrates to give necessary legally advice on points of law

improved training- magistrates not complete amateurs

decisions require common sense rather than legal qualifications anyway

40
Q

advantage of magistrates related to locaility

A

idea of MC supposed to allow local people to deal with crime affecting their own community

may have knowledge of local patterns of crime that may affect their sentencing

41
Q

disadvantage of magistrates related to public confidence

A

argued that magistrates don’t have real knowledge of the problems in poorer areas

most come fro professional/managerial backgrounds and will live in better areas

42
Q

disadvantage of magistrates related to diversity

A

criticised for being middle class and middle aged

only 15% under age of 50

mostly from professional/managerial background and financially well off

less representative of ethnicity-8/7% compared to 14% population

43
Q

disadvantage of magistrates related to competency

A

often pass very different sentences in different areas for what appear to be similar offences

neither training nor presence of legal adviser prevent this

eg 2001- Cardiff 38% Leicester 66% convicted for burglary

44
Q

disadvantage of magistrates related to locality

A

gov have closed so many mCs to save money that magistrates and defendants sometimes have long journeys to nearest court

local connection has been broken

45
Q

what do juries try

A

indictable offences and either way offences heard in crown court

46
Q

what do panel of 12 jurors listen to after they’ve been selected and sworn in

A
  • arguments and evidence presented by prosecution and defence
  • cross examination of witnesses by defence and prosecution to try and show that evidence isn’t reliable
  • closing speeches of prosecution and defence
  • judge summing up evidence and directions on relevant law
47
Q

what will the jury retire to the jury room to do

A

have a secret discussion

decide what facts of case are

apply law to those facts to decide on guilt/innocence

48
Q

what must the verdict of the jurors be

A

unanimous at first

if not possible, majority may be reaches

full jury of 12: 10-2/11-1

below 12- only one juror can disagree with verdict

9- must be unanimous

cant go below 9

49
Q

how do the jury announce their verdict

A

there will be a public announcement of their verdict by the foreman in open court

no reasons for the verdict have to be given

50
Q

what will happen if d is found guilty by the jury

A

the judge will then decide the sentence

51
Q

under what act are the basic qualifications for jury service set out

A

juries act 1974

52
Q

when is a person eligible for jury service

A
  • 18-70 y/o on day they start jury service
  • on electoral register
  • have lived in UK for at least 5 years since they were 13 years old
53
Q

when is a person disqualified for jury service

A
  • on bail
  • recent/serious convictions
  • mentally disordered
54
Q

when can a person be excused or deferred from jury service

A

for ‘good reason’

eg armed forces, exams

not allowed to sit on cases where they know victim, D or any witnesses

55
Q

when may a judge discharge a juror

A

for lack of capacity to cope with the trial eg. bad english

56
Q

how are people selected for jury service

A

at random to avoid bias

57
Q

first stage to selecting a jury

A

-those who qualify selected by computer at random at jury central summoning bureau

crown court official will use info to randomly summon enough jurors from locality to cover anticipated trials in forthcoming weeks

those summonsed must notify court if theres any reason they cant attend- others must attend for 2 weeks

58
Q

second stage to selecting a jury

A

once in jury waiting room in CC, 15 people are chosen at random and sent to courtroom

59
Q

third stage to selecting a jury

A

12 jurors selected at random by clerk from pool of 15 for the case

those 12 sworn in

60
Q

what do prosecution and defence have right to once the list of potential jurors is known

A

to see the list

61
Q

what may be decided in some cases that the potential jurors should be

A

vetted

62
Q

what are the two types of vetting

A
  • routine police checks made to eliminate those disqualified
  • wider check on jurors background and political views- only occurs in cases involving national security or terrorism
63
Q

what rights to prosecution and defence have before jury is sworn in

A

to challenge one or more of the jurors so that they do not sit on the jury

64
Q

when can a whole jury be challenged

A

on the basis that it has been chosen in an unrepresentative/biased way

65
Q

what is whole jury challenge known as

A

a challenge to the array

66
Q

when can an individual juror be challenged

A

for a particular reason

a challenge for cause

67
Q

what does the prosecution have a right to do in addition to challenging jury

A

to stand by individual jurors so that they will not be used unless there aren’t enough other jurors

68
Q

advantage of jurors related to public confidence

A

d tried by his/her peers

public confidence as people see people like themselves in legal system

makes it more open and justice seen to be done

69
Q

disadvantage of jurors related to public confidence

A

public confidence doesn’t mean theyre the best way to decide cases

no intelligence test

Vicky price case: judge dismissed jury for not understanding what it should be doing following a series of stupid questions

70
Q

advantage of juries related to fairness

A

have right to acquit

can decide cases on idea of fairness rather than strictly applying law

jury equity

prevents state randomly punishing citizens

71
Q

which case supports jury equity

A

PONTINGS CASE: jury acquitted him even though he had no defence in law

72
Q

disadvantage of juries relating to fairness

A

right to acquit can lead to perverse verdict where jury acquits in face of all evidence

randle and pottle: jury acquitted ds even though they had a written a book about their crime

73
Q

advantage of juries related to jury secrecy

A

free from pressure due to secrecy of whats said in jury room

also means newspapers cannot offer to pay jurors for their version of what happened in jury room

74
Q

what is the disadvantage of jury secrecy

A

no way of knowing if jury listened to evidence/made their decision using unacceptable methods

75
Q

case relating to disadvantage of jury secrecy

A

r v young: jury convicted D by using Ouija board in hotel room to contact murder victims- would’ve never been found out if it happened in jury room

76
Q

advantage of juries related to clarity of law

A

points have to be explained to jury enabling D to understand case more easily

77
Q

disadvantage of juries related to clarity of law

A

constant explanation to jury may slow cases down

juries have to be removed when issues of law are discussed with judge- wasting more time and make cases more expensive

Law (39 decks)

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