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A Level Law OCR > criminal courts and sanctions > Flashcards

criminal courts and sanctions Flashcards

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1
Q

What happens at a magistrates court

A

Convictions and sentences can be heard defence can appeal

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2
Q

What happens at the high court

A

Jury nobbling and prosecution can appeal

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3
Q

What happens at the QBD

A

Defence and prosecution can appeal point of law is heard

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4
Q

What are the 3 highest courts

A

Supreme then court of appeal then criminal division

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5
Q

What happens at the crown courts

A

Prosecution and defence can appeal convictions sentences and point of law can be heard

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6
Q

On what ground can magistrates court appeal and who to

A

Crown court on grounds of conviction and sentence being too Lenient

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7
Q

On what grounds can crown court appeal to the high court

A

Prosecution and jury nobbling

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8
Q

On what grounds can the crown court appeal to the criminal division

A

Prosecution and defence on grounds of conviction, sentence and point of law

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9
Q

What is a summary offence

A

Tried in magistrates court less serious e.g. assault ,battery ,criminal damage

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10
Q

What is an either way offence?

A

Tried either in magistrates court or Crown e.g. S47 /S20 where pleas is not guilty d has the right to ask for the case to be tried at the crown court by a jury, magistrates can also decide the case is too serious and send the case to the crown court

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11
Q

What is an indictable offences

A

Tried in crown e.g. s18 /murder most serious offences - preliminary hearing at magistrates court

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12
Q

What category is assault and battery

A

Summary offence

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13
Q

Where can summary offences be tried

A

Magistrates court

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14
Q

What category is s47 OAPA and s20 OAPA

A

Either way offence

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15
Q

Where can an either way offence be tried

A

Magistrates or crown court

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16
Q

What category is a s18 OAPA

A

Indictable offence

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17
Q

Where can a indictable offence be tried

A

Crown court hearing at magistrates

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18
Q

What are the 3 types of hearings that can take place in a court

A
  1. A Pretrial hearing
  2. trial
  3. appeal
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19
Q

What is the pre trial procedure for a summary offence

A
  • complete case at earliest hearing so the sentence can be decided ASAP if D pleads guilty
  • many offences can be dealt with at a 1st hearing through a procedure under which the D can plead guilty by post so that attendance as court isn’t necessary
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20
Q

What is the pre trial procedure for either way offences

A

-can be tried again magistrates court /crown court the pre trial procedure has first to decide where the case will be tried there has to be a plea before venue hearing

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21
Q

What is a plea before venue

A

D is 1st asked whether he pleads guilty or not if the plea is guilty then D have a right to ask for the case to be heard at crown court but magistrates may decide to sent the D to crown court for sentence

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22
Q

What is mode of trial

A

To decide whether the case will be tried in the magistrates court or the crown court
Whether the case is suitable for trial in the magistrates court and whether they are prepared to accept jurisdiction S19 of magistrates court act 1980 consider nature and seriousness of the case and complex questions of fact or law will be tried in a crown court and when the crime was committed by an organised gang

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23
Q

Pros for the D electing to go to crown court

A

+60% of defendants are acquitted
+ judge discharges the case or directing the D be found not guilty
+ higher chance of acquittal
+ a wish to serve part of the sentence in a remand prison
+ likely to receive legal aid

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24
Q

Cons of D electing to go to crown cour

A
  • a longer wait
  • a trail is more likely to last longer than magistrates
  • crown court gets more media coverage
  • crown court cases are more expensive
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25
Q

what is the jurisdiction of the magistrates court

A
  • try all summary cases
  • try any triable -either way offences in which the magistrates are prepared to accept jurisdiction and where D agrees to the summary trial by the magistrates
  • deal with preliminary hearings of all indictable offences all side matters connected to criminal cases e.g. warrants and try cases in youth court when D is 10-17
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26
Q

what is the jurisdiction of a crown court?

A
  • triable either way offences where D has elected to be tried in crown court or where magistrates have decided the case is too serious for them and sent it to the crown court
  • all indictable offences
  • appeals from the magistrates court
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27
Q

which act lists the main aims of sentencing ?

A

criminal justice act 2003 S142

28
Q

what are the main aims listed in the criminal justice act 2003 S142

A
  • punishment of offenders
  • reduction of crime(deterrence)
  • reform and rehabilitation
  • protection of the public
  • the making of reparation of the offenders to persons affected by their offences
29
Q

aims of punishment

A
  • retribution is based on the idea of punishment
  • the offender deserves to be punished for their wrong doing this is society’s revenge for the offence and is based on proportionality e.g. an eye for an eye
  • the judge will pass a sentence that is in proportion to the offence the punishment should fit the crime the tariff sentence are based on the idea of proportionality
30
Q

in what way would a tag be punishment

A

offender will have their freedom restricted and only be allowed ri go out at sometimes

31
Q

what is meant by an eye for an eye

A

equal punishment to the crime that they committed however the judge will pass a sentence of proportionality to the offence

32
Q

what are the aims of reduction in crime

A

-the aim is to reduce crime by deterring individual offenders from committing the same offence again or similar this is done by giving offenders severe penalties so an individual will think twice about reoffending due to fear of punishment and deter society

33
Q

what are the 2 types of deterrence

A

specific and general

34
Q

what is a specific deterrence

A

one that applies to an individual and the aim is to deter the particular person from re offending a custodial sentence could act as a deterrent as the offender who is sent to prison will be reluctant to reoffend as they do not want to be set back in the future

35
Q

what is a general deterrent

A

a sentence aimed at the public the hope is that people will be deterred from the committing crimes by the level of punishment that they will receive if convicted people convicted of certain crimes will be given a very harsh sentence to deter others from committing the same crime this might be used if a particular type of crime has become a problem in an area e.g. football hooliganism, joy-riding or mobile phone robberies

36
Q

What assumptions does a deterrence make about the offender

A

Assumed the offender is a capable of considering consequences and is able to think about their future which is difficult for the mentally ill or addicted

37
Q

Why is a general deterrent unfair on the offender who is set an example to others

A

Punishment doesn’t fit crime

38
Q

What is the reform and rehabilitation of offenders

A

The aim looks to help reform the offender to stop them reoffending it is an aim that looks at the potential of the offender to reform it is a forward looking aim that looks to rehabilitate offenders by altering their behaviour so that they don’t commit crime in the future

39
Q

Explain the protection of the public

A

Public should be protected f dangerous offenders there are various ways of protecting the public a dangerous driver can be banned for a period of time this protects both road users and pedestrians of the offender presents a significant risk to members of society then they must be sent to prison to protect public this prevents them committing further offences

40
Q

What type of sentence would protect the public for a football hooligans

A

Electronic tag prevent offender leaving the house and attending matches

41
Q

What type of sentence is the best way to protect the public.

A

Custodial

42
Q

Explain reparation

A

This is based on the notion that the offender “makes amends “ for their crime they attempt to repair the damage caused by their offence usually carried out through works in community or by paying financial compensation encouraging offenders to accept responsibility for their crimes

43
Q

What are examples of aggravating factors?

A

Previous convictions , use of a weapon -intent /premeditation , hate motivated crime , seriousness of the consequences,

44
Q

How may aggravating factors affect a sentence ?

A

Results is a more severe sentence S142 criminal justice act 2003 “in considering the seriousness of the offence the court must consider the offenders culpability in committing the offence and any harm which the offence caused or was intended to cause or might reasonably foreseeably have caused “

45
Q

What are examples of mitigating factors

A

Co-operation with police (identity has others involved in the crime) ,mental illness of D, physical illness of D, the fact the defendant has no previous convictions ,provocation, genuine remorse with evidence , pleading guilty

46
Q

How may mitigating factors affect a sentence

A

They may reduce the initial tariff

47
Q

By how much may there be a reduction of sentence for a guilty plea

A

At the 1st reasonable opportunity = 1/3
After trial set = 1/4
Door of court of after trial has begun = up to 1/10
After that = no reduction

48
Q

What happens is a sentence is less than 4 yrs

A

There’s an automatic release after 1/2 of sentence (if more than 1 year on license )

49
Q

What happens if a sentence is more than 4 yrs?

A

Then they’re realised between 1/2 and 3/4 of sentence which is decided by parole board and will remain on license until 3/4 is served

50
Q

What does on license mean

A

Offender is monitored and supervised by the probation service is the offender breaks the terms of their licence then the parole board has the power to return them to prison to finish their original sentence

51
Q

what are the 5 types of sentencing

A
  1. Custodial
  2. community
  3. financial
  4. discharge
  5. other (e.g. driving ban )
52
Q

What is the rule in regards to crimes and there punishment being sensible

A

The sentence imposed should reflect the crime and be proportionate to the seriousness of the offence

53
Q

True or false a custodial sentence of imprisonment can be immediate or suspended

A

True

54
Q

What does the criminal justice act of 2003 say about courts passing custodial sentences

A

The court should pass a custodial sentence unless it is of the opinion that the offence was so serious that neither a fine alone nor a community sentence can be justified

55
Q

What is a mandatory life sentence

A

For murder must give a life sentence but can state a minimum number of years an offender must serve before being eligible for release on license (can range from full life term to 15 years

56
Q

What is a discretionary life sentence

A

For others serious offences e.g. S18

57
Q

What is fixed term sentences

A

Sentences-the length of sentence will depend on several factors including the Max sentence available

58
Q

What is a suspended sentence?

A

The term given to a prison sentence imposed by the court and then delayed (to allow the d for a period of probation or to undertake treatment for a an addiction or to meet condition in the community)

59
Q

What are community orders

A

Community sentences are designed to punish by deprivation of liberty without resorting to imprisonment they may be imposed only if the offence caries the possibility of imprisonment

60
Q

What are the types of community sentence

A
  • an unpaid work requirement
  • an activity requirement
  • a programme requirement
  • a prohibited activity requirement
  • a curfew requirement
  • an exclusion requirement
  • a residence requirement
  • a mental health treatment requirement
  • a supervision requirement
  • in the case where the offender is aged under 25 an attendance centre requirement
61
Q

what are monetary sentences

A

includes both fines and compensation orders, fines to the courts and compensation to the victim

62
Q

how many types of discharge are there and what are they

A

2 - conditional discharge and absolute discharge

63
Q

what is conditional discharge

A

where D is convicted without sentence on condition that they don’t reoffend within a specified period of time (6 months - 2 years) if so they go back to court and get sentenced

64
Q

what is an absolute discharge

A

no action taken but the offence will appear on their criminal record

65
Q

what are the other 2 powers of the court

A
  • disqualifying D from driving

- forfeiture order - certain can be removed

A Level Law OCR (29 decks)

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