criminal courts and lay people - topic 4 Flashcards
summary offence
least serious ‘petty crimes’
tried summarily in the magistrates court
e.g. assault and most traffic offences
triable either way offence
tried at the magistrate’s court or at the crown court depending on the case
e.g. ABH and theft
indictable offence
tried at the crown court
most serious offences
e.g.murder, robbery and rape
what is decided in the Magistrates’ Courts for an Early Administrive Hearing?
decisions about bail and legal aid
who deals with summary cases?
magistrates court
in triable either way offences what happens at a plea before venue hearing?
defendant enters a guilty or not guilty plea
if the defendant pleads guilty in a plea before venue hearing what happens in the mode of trial hearing?
magistrates decide if they have enough power to sentence
how many magistrates hear each case?
usually 3
what % of cases do volunteer lay magistrates hear?
97% of all criminal cases
what role do magistrates have in criminal courts?
deciding bail
hearing summary and some triable either way cases which they are responsible for the verdict and sentencing of
what other courts do magistrates sit in?
crown courts to hear appeals from magistrates courts
who do magistrates have to help them? How do they help magistrates?
legal adviser
must’ve been solicitor or barrister for 5 years to qualify
advise on practice and procedure and answer questions about law
in what % of cases are juries used?
1%
what is the role of the jury?
to decide wether someone is guilty or not guilty based on facts by consideration of evidence they hear
what is a majority verdict and since when has it been used?
10-2
or
11-1
used since 1967
list the ideas to replace jury
• make juried undergo training before sitting on a case
• use fewer jurors - no good reason for 12
• make juries give reasons for verdicts
• allow judges to retire with juries to assist
• end trial by jury replace with a single or panel of judges
• have professional jurors
what are the advantages of trial by jury?
•public participate - justice is seen to be done - ordinary members in loved in administration of justice - whole process public
• jury equity - juries make decisions according to their conscience - Bushell’s case - juries can’t be pressurised by judges.
what are the disadvantages of trial by jury?
•don’t have to give reasons for decisions - difficult for defendants to appeal
• don’t revive any training so complete amateurs
what powers of sentencing do magistrates have?
limited to 6 months imprisonment
what powers of sentencing do judges in the crown court have?
unlimited sentencing powers
what does section 142 of the Criminal Justice Act 2003 state?
main aims of sentencing:
punishment
reduction of crime (deterrence)
reform and rehabilitation
protection of public
making of reparation of the offenders to persons affected by their offences
what is another name for the punishment which begins with R? Explain what the aim of this is?
retribution - punish the offender
explain what is meant by specific deterrence
deterrent to an individual
explain what is meant by general deterrence
aimed at the public
explain what is meant by reform and rehabilitation.
offender helps solve the issues that lie behind their criminal behaviour
explain what is meant by protection of the public
public protected from those who commit violent or sexual crimes
explain what is meant by reparation
offenders make amends for their crimes
what is a pre sentence report
report containing basic info on offender e.g. age, background and details on previous convictions
what is an aggravating factor? Provide some examples
factors which make an offence more serious which can result in a more severe sentence - use of weapon
what is a mitigating factor? Provide some examples
court taking things into account which can lessen a sentence - loss of control
what is a conditional discharge?
offender will have a criminal record and no further action would be taken against them as long as no further offence is committed
what is an absolute discharge?
offender will have a criminal record but no further action is taken against them
what is a fine and what two things must a court take into consideration when imposing a fine?
offender pays financial penalty
courts take into account seriousness of crime and financial means of offended
in what % of cases are fines imposed?
71% each year
what does section 48 of CJA 2003 state in relation to a community order?
only passed of offence is serious enough
what are the different requirements states in section 117 of the CJA 2003?
unpaid work requirement
activity requirement
curfew
exclusion
residence
alcohol treatment
supervisation
attendance centre
why is a custodial sentence considered so serious?
no longer death penalty so most serious punishment
mandatory life sentence
murder = automatic life sentence
judge sets minimum time sentence must be served
30 year minimum sentence - murder - murdered policeman or fireman etc
what is a suspended sentence?
offender doesn’t go to prison but suspended for a period of 1 or 2 years
