criminal courts and lay people - topic 4

Question 1

summary offence

Answer 1

least serious ‘petty crimes’
tried summarily in the magistrates court
e.g. assault and most traffic offences

Question 2

triable either way offence

Answer 2

tried at the magistrate’s court or at the crown court depending on the case
e.g. ABH and theft

Question 3

indictable offence

Answer 3

tried at the crown court
most serious offences
e.g.murder, robbery and rape

Question 4

what is decided in the Magistrates’ Courts for an Early Administrive Hearing?

Answer 4

decisions about bail and legal aid

Question 5

who deals with summary cases?

Answer 5

magistrates court

Question 6

in triable either way offences what happens at a plea before venue hearing?

Answer 6

defendant enters a guilty or not guilty plea

Question 7

if the defendant pleads guilty in a plea before venue hearing what happens in the mode of trial hearing?

Answer 7

magistrates decide if they have enough power to sentence

Question 8

how many magistrates hear each case?

Answer 8

usually 3

Question 9

what % of cases do volunteer lay magistrates hear?

Answer 9

97% of all criminal cases

Question 10

what role do magistrates have in criminal courts?

Answer 10

deciding bail
hearing summary and some triable either way cases which they are responsible for the verdict and sentencing of

Question 11

what other courts do magistrates sit in?

Answer 11

crown courts to hear appeals from magistrates courts

Question 12

who do magistrates have to help them? How do they help magistrates?

Answer 12

legal adviser
must’ve been solicitor or barrister for 5 years to qualify
advise on practice and procedure and answer questions about law

Question 13

in what % of cases are juries used?

Answer 13

1%

Question 14

what is the role of the jury?

Answer 14

to decide wether someone is guilty or not guilty based on facts by consideration of evidence they hear

Question 15

what is a majority verdict and since when has it been used?

Answer 15

10-2
or
11-1
used since 1967

Question 16

list the ideas to replace jury

Answer 16

• 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

Question 17

what are the advantages of trial by jury?

Answer 17

•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.

Question 18

what are the disadvantages of trial by jury?

Answer 18

•don’t have to give reasons for decisions - difficult for defendants to appeal
• don’t revive any training so complete amateurs

Question 19

what powers of sentencing do magistrates have?

Answer 19

limited to 6 months imprisonment

Question 20

what powers of sentencing do judges in the crown court have?

Answer 20

unlimited sentencing powers

Question 21

what does section 142 of the Criminal Justice Act 2003 state?

Answer 21

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

Question 22

what is another name for the punishment which begins with R? Explain what the aim of this is?

Answer 22

retribution - punish the offender

Question 23

explain what is meant by specific deterrence

Answer 23

deterrent to an individual

Question 24

explain what is meant by general deterrence

Answer 24

aimed at the public

Question 25

explain what is meant by reform and rehabilitation.

Answer 25

offender helps solve the issues that lie behind their criminal behaviour

Question 26

explain what is meant by protection of the public

Answer 26

public protected from those who commit violent or sexual crimes

Question 27

explain what is meant by reparation

Answer 27

offenders make amends for their crimes

Question 28

what is a pre sentence report

Answer 28

report containing basic info on offender e.g. age, background and details on previous convictions

Question 29

what is an aggravating factor? Provide some examples

Answer 29

factors which make an offence more serious which can result in a more severe sentence - use of weapon

Question 30

what is a mitigating factor? Provide some examples

Answer 30

court taking things into account which can lessen a sentence - loss of control

Question 31

what is a conditional discharge?

Answer 31

offender will have a criminal record and no further action would be taken against them as long as no further offence is committed

Question 32

what is an absolute discharge?

Answer 32

offender will have a criminal record but no further action is taken against them

Question 33

what is a fine and what two things must a court take into consideration when imposing a fine?

Answer 33

offender pays financial penalty
courts take into account seriousness of crime and financial means of offended

Question 34

in what % of cases are fines imposed?

Answer 34

71% each year

Question 35

what does section 48 of CJA 2003 state in relation to a community order?

Answer 35

only passed of offence is serious enough

Question 36

what are the different requirements states in section 117 of the CJA 2003?

Answer 36

unpaid work requirement
activity requirement
curfew
exclusion
residence
alcohol treatment
supervisation
attendance centre

Question 37

why is a custodial sentence considered so serious?

Answer 37

no longer death penalty so most serious punishment

Question 38

mandatory life sentence

Answer 38

murder = automatic life sentence
judge sets minimum time sentence must be served
30 year minimum sentence - murder - murdered policeman or fireman etc

Question 39

what is a suspended sentence?

Answer 39

offender doesn’t go to prison but suspended for a period of 1 or 2 years