Criminal Courts + Lay people Flashcards
(Section A)
Explain the process of deciding in which court a criminal trial will be heard. Include all categories of offences. (8)
Summary offences - Least serious offences e.g assault, battery, can only be tried in the magistrates court, if plead guilty sentence will be passed if not pg, a trial will take place and sentence passed if found guilty.
TEW offences - medium seriousness offences e.g. theft, can be tried in the magistrates court
Indictable offences: These are the most serious of offences e.g murder and must be tried in the crown court
Describe how it is decided where the trial of a triable either way offence should be held (8)
s.51 Crime and Disorder Act 1998 (bail will be addressed unless murder)
Triable either way matters:
not guilty
• Magistrates’ or the Court Clerk will perform the Early Administrative
Hearings (EAH). This speeds things up.
.The Court will ask (i) does the
defendant require legal aid. (ii) Are any reports required – pre-sentence
or medical to be arranged? (iii) What is the situation regarding bail?
• Plea before venue – the defendant is asked whether he pleads guilty to the offence.
• Guilty plea: automatically heard by the Magistrates’ Court but they
retain the option of sending the defendant to the Crown Court if
necessary for sentencing
• Not guilty plea – mode of trial procedure must take place to decide
on the most appropriate court to try the case
or
• The magistrates first consider whether they think the case
is suitable for trial in the Magistrates’ Court (if they have
the jurisdiction to deal with the matter)
• They will look at the nature of the offence ie seriousness
• If they feel it is too serious they will transfer it to the
Crown Court for trial (usually because their sentencing
powers are not great enough).
• If the magistrates feel prepared to accept jurisdiction of
the case the defendant is given the choice of which
court he wishes to be tried in.
Describe the different appeal routes available to the defence from the Crown Court (8)
. Appeal against conviction and/or sentence
• Leave/permission required from a Court of Appeal judge
(only 30% get leave).
• Leave to appeal required and application must be made within 28 days.
• Only ground for appeal is that the conviction was unsafe.
• Court of Appeal can disallow appeal or allow appeal and;
•quash conviction and/or
•order a retrial
•vary to conviction of a lesser offence.
• decrease sentence but not increase it
Describe the different appeal routes available to the prosecution from the Crown Court (8)
• Appeal to the High Court for an order to quash an
acquittal because of jury nobbling - retrial ordered
• Appeal to the CA to quash an acquittal on the
grounds of new compelling evidence (CJA 2003) –
retrial ordered
• AG may refer an unduly lenient sentence to the CA
for review – this may be confirmed or increased
(CJA 1988)
• Both the defence and Prosecution have the right to
appeal from the KBD or the Court of Appeal to the
Supreme Court
• It must involve a point of law of public importance and
leave/permission must be given to appeal from the CA
or Supreme court
•Very few cases are appealed to the Supreme Court
Describe the different appeal routes available to the defence from the Magistrates Court (8)
Defendant may appeal against conviction, sentence or both
to the Crown Court
• Defendant may only appeal against conviction if original plea
was not guilty.
• This is an automatic right of appeal – no leave (permission)
required.
Magistrates’ court appeal – what happens?
• The case will be completely reheard in the Crown Court by
judge and two magistrates.
• Appeal against conviction they may:
• Confirm or vary conviction
• acquit D;
• Appeal against sentence they may:
•Confirm sentence
•increased sentence (only to magistrates’ maximum) or
•Decreased sentence
. Magistrates to the KBD
- Only available for an appeal against conviction on point of law (Osman v DPP)
Describe four custodial sentences available in the Crown Court. [8 marks]
Mandatory life sentence - This must be given where the offence is murder. It doesn’t
always mean actual life imprisonment but the judge must give a
minimum number of years to be served before being eligible for
release. This could be a minimum of 12 years to a maximum
whole life order. s122 LASPO 2012 - if an offender aged 18+
commits a second serious offence then the court must impose
life’ sentence on the offeneder.
Fixed term sentence - prisonment for a set number of months or years. Once a
prisoner has served half of the sentence they are automatically released.
Discretionary life sentence ife s e n t e n c e o n t h e offender.
For other serious offences such as manslaughter or rape the
maximum sentence is life but the judge does not have to impose
it, h e h a s discretion, h e could impose a community order or a fine.
Suspended sentence - Up to a maximum of two years, the offender is allowed to remain at liberty. If he does not commit any further offences the sentence will not be served.
EDS (Extended Determinate Sentences)
▶ For dangerous offenders convicted of serious sexual and violent
crimes with no automatic release from prison halfway through
their sentence.
Explain the types of sentences available in the Magistrates’ Court. [8 marks]
- Up to 6 months in prison for two summary offences or up to 12 months in total for a TEW offence
- a fine.
- discharge
- Community order
Unpaid work
DRUG REHABILITATION REQUIREMENT
CURFEW REQUIREMENT
SUPERVISION REQUIREMENT
Describe four of the non-custodial sentences available for an adult offender. (8)
-Discharges = person released from court without any further action but they will still get a criminal record.
absolute and conditional
Absolute = experience of court enough of punishment
Conditional = offender commits any other offence, sentenced of old offence and new one
-Disqualification from driving
Fines
● £5,000 to an individual
● £20,000 to a business
● LASPO – Level 5 limitless fine -
Explain the community sentences available for an adult offender. [8 marks]
.Unpaid work requirement
- requires offenders to undertake work projects in their local community (min 40 hours max 300 hours over 12 months)
• Drug Rehabilitation requirement
-Provides treatment to an offender who is dependent on drugs or has prosperity to misuse drugs.
- max 3 years. Residential / non
Court must be satisfied there is 1) addiction problem 2) susceptible to treatment. Offender must consent.
• Curfew Requirement
- offender must stay within a specified place for a period of time each day
- always electronically monitored
Max 2 years
• Supervision Requirement
- requirement of good behaviour to not commit any further offences
Regular appointments, keep in touch with supervisor and obey instructions
Describe the custodial sentences available for an adult offender. [8 marks] Describe three aims of sentencing. [8 marks]
Explain the factors taken into account by the judge before passing sentence. [8 marks]
The most important
factor is the seriousness of the offence, contained in s.143(1) CJA 2003 (now found in section 63 Sentencing
Act 2020) Summary / TEW / Indictable
Aggravating factors:
- Factors that aggravate the nature of the crime
Eg. Offender commits crime whilst on bail
Mitigating factors: lessens the seriousness of the offence / explains why.
Eg mental illness of D. Youth / age disability leading to unexpected offence.
Early guilty pleas (when a defendant pleads guilty in early proceedings)
Usually attracts 30% sentence discount
First reasonable oppurting to PG - 1/3
After trial date is set - 1/4
Door of court or after trial had begun - up to 1/10.
Describe the qualifications and selection of lay magistrates
● 18-74
● Must demonstrate the six ‘key qualities’: good character;
commitment and reliability; social awareness; sound judgement;
understanding and communication; maturity and sound
temperament
● Must sit for 13 days/26 half days a year
Disqualifications:
1) undischarged bankruptcies
2. incompatibie jobs egpolice officers because conflict of interest
3. serious criminals convictions
4. Relatives of those in the Justice System
Describe the recruitment process of lay magistrates [8 marks]
The appointments are made by the Senior Presiding judge who relies on recommendations made by the Local
Advisory Committee.
Local Advisory Committee
The committee should have a maximum of 12 members and these should include a mixture of magistrates and non-magistrate.
First Interview:
The LAC will look at the candidate’s general character, personal attributes and weather they
possess the six key qualities. What are the 6 key qualities required?
Second Interview:
This interview assesses the candidate’s judicial aptitude by looking at case studies.
SELECTION PROCESS
The LAC recommends suitable candidates to the Lord/Lady Chief Justice who designates the role to the Senior Presiding Judge under the Crime and Courts Act 2003
Candidates will be sworn in as a magistrate at a local court.
Explain the selection and appointment of lay magistrates [8 marks]
The appointments are made by the Senior Presiding judge who relies on recommendations made by the Local
Advisory Committee.
Local Advisory Committee
The committee should have a maximum of 12 members and these should include a mixture of magistrates and non-magistrate.
First Interview:
The LAC will look at the candidate’s general character, personal attributes and weather they
possess the six key qualities. What are the 6 key qualities required?
Second Interview:
This interview assesses the candidate’s judicial aptitude by looking at case studies.
SELECTION PROCESS
The LAC recommends suitable candidates to the Lord/Lady Chief Justice who designates the role to the Senior Presiding Judge under the Crime and Courts Act 2003
Candidates will be sworn in as a magistrate at a local court.
Describe the role of lay magistrates in criminal cases [8 marks]
The majority of their time
is spent in the Magistrates’ Court however, they also sit in the
Youth Court and Crown Court.
97% of criminal matters
• All summary matters
• Some triable either way matters
• First hearing of indictable matters
• Sentence depending upon offence/seriousness etc
• Preliminary matters such as plea before venue, and Early Administrative Hearings
• Issuing arrest and search warrants
• Sit on appeals in the Crown Court
• Specially trained Magistrates can sit on the Youth Court
Explain the work carried out be lay magistrates in criminal trials [8 marks]
97% of criminal matters
• All summary matters
• Some triable either way matters
• First hearing of indictable matters
• Sentence depending upon offence/seriousness etc
• Preliminary matters such as plea before venue, and Early Administrative Hearings
• Issuing arrest and search warrants
• Sit on appeals in the Crown Court
• Specially trained Magistrates can sit on the Youth Court
. Pass sentences up to 12 months and impose fines 5k(indivudal) 20k business
Limitless laspo level 5
Describe the qualification and selection of juries [8 marks]
Qualifications:
1)must be 18-75 years old,
2)ordinary resident of uk / channel islands for 5 years,
3)registered on the electoral register
Disqualifications (for life) - someone who 1) has been given a custodial sentence for over 5 years,
2) given a life sentence and
3) who has been given detention during her majesty’s pleasure
Disqualifications (for 10 years) - someone who
1) had a custodial sentence passed of less than 5 years,
2) been given a community order,
3) received a suspended sentence
Anyone on bail will not be able to be a juror whilst their time on bail
Reasons to be excused: disabilities, can’t speak english, member of armed forces and commanding officer says they are needed
Describe the selection process for juries [8 marks]
● Selection is random and undertaken by the Jury Central
Summoning Bureau from the electoral registers for a court
area
● Summons are sent out electronically and the person has 7
days to respond
● A court official selects the names of potential jurors from the
electoral register. The names are randomly selected.
Approximately 150 summonses are set out per court, every
two weeks.
● A court official will select fifteen people at random from the jury
pool to go into the courtroom. A larger number will be selected
at this point if the trial is expected to last longer than two
weeks as some may not be able to take an extended period
from work Of those fifteen, twelve will be randomly chosen to
hear the case The remaining three stay at the court as
reserves in long or important trials.
A number of checks are made on juries as follows:
Vetting
• Routine police check – to check not
disqualified due to previous convictions
• Background check for political
affiliations (very rarely used
Describe the role of juries in criminal cases [8 marks]
• The judge presides over the case
• The jury listen to the evidence and the
summing up by the judge.
• Jury retire to the jury room to discuss
the case in secret – only the jury may
enter (due to the Contempt of Court
Act) we have no way of knowing how
the jury came to their decision.
Role of the jury in criminal cases
• Only used in approximately 1% of Crown Court
cases
• Used for all indictable and some triable either
way offences
• Only used when defendant pleads not guilty
• Jury have to decide whether the defendant is guilty or not guilty
• The judge decides the sentence NOT the jury.
• Firstly Judge will ask for a unanimous
verdict but can accept majority of 10-2,
10-1 or 9-1 (if only 9 jurors left a
unanimous verdict required)
• Judge can order a directed acquittal eg
when prosecution have no case to
answer
Explain the role of both lay magistrates and juries in criminal case [8 marks]
Discuss the benefits of using juries in criminal cases [12 marks]
Advantages
• Jury Equity/Perverse
Verdicts
• Balance Against the
State
• Racially Balanced
• Public
Participation/Confidence
Jury equity means not bound by precedents or acts of parliment and can instead base their own idea of fairness.
Selected at random from the electoral role a representative sample of a local area is selected which promotes diversity amongst the jury. Therefore as 12 random people are liekyl to be impartial as not connected to anyone in the case. However rare cases of jury tampering.
Juries may not treat role seriously - slow and expensive
Most members of juries have no legal qualifications, legal professional has ti explain to jury. More accessible to the public, base more on facts than legal side of case which is their role. Public have confidence in jury system.
However public don’t know whag jury get up to in the jury room, Karayaka. Could reduce public’s condifence
Discuss the disadvantages of using juries in criminal cases [12 marks]
Discuss the advantages and disadvantages of using juries in criminal cases [12 marks]
Describe three aims of sentencing (8)
Aim 1 – Punishment - aka Retribution
Aim 2 – Deterrence
Deterrence is aimed at reducing the crime rate through a fear of
punishment
There are two types:
● Individual - is the aim of punishment to discourage the offender from
criminal acts in the future. The belief is that when punished, offenders
recognise the unpleasant consequences of their actions on themselves and
will change their behaviour accordingly.
● General - is the intention to deter the general public from committing crime
by punishing those who do offend. When an offender is punished by, for
example, being sent to prison.
Aim 3 – Reform/Rehabilitation
This is aimed at changing the behaviour of the offender so he
can be reintegrated back into society. It is hoped that the
offender’s behaviour will be altered by the penalty imposed so
that he will not offend again in the future - it is also aimed at
lowering the crime rate.
Aim 4 – Protection of the Public
This is the theory that the public needs to be protected from dangerous offenders. TheLegal
Aid Sentencing and Punishment of Offenders Act 2012 introduced a provision for serious
offences: Where the court is of the opinion that there is a significant risk to members of the
public of serious harm being caused by D in the future, the court must send him to prison for
the protection of the public. Long term custodial sentences appear to be more effective at
preventing reoffending than short term custodial sentences.
Aim 5 – Reparation
Aimed at compensating the victim of the crime
usually by ordering the offender to pay a sum of
money or to make restitution i.e. By returning
stolen proper
