CRIMINAL COURTS & LAY PEOPLE Flashcards
1
Q
jurisdiction of mags court - how many?
A
- around 160 magistrates courts in most major towns and cities
2
Q
jurisdiction of mags court - what do they deal with/hear?
A
- pre-trial hearings (all 3 types of offences)
- all summary & some TEW offences
- panel of 2-3 magistrates decide verdict & sentence
3
Q
jurisdiction of mags courts - sentencing powers
A
- 12 months custodial sentence for 1 offence
- have max fines for some offences (eg £500 for an individual) but unlimited fines for other offences
4
Q
jurisdiction of mags court - magistrates clerk
A
- clerk will advise on law but not be involved in decision making
5
Q
jurisdiction of crown courts - how many?
A
- around 84 crown court centres in the English legal system
6
Q
jurisdiction of Crim courts - what do they deal with/hear?
A
- some pre-trial matters
- trails of all indictable offences & some TEW offences are heard by a judge and a jury of 12 people
- judge controls the cort, advises on relevant law & decides sentencing
- jury will decide the verdict
7
Q
jurisdiction of crown courts - sentencing powers
A
- have unlimited sentencing powers & powers to issue unlimited fines
8
Q
jurisdiction of crown courts - appeals?
A
- can hear some appeals from mags court
- a judge will sit with 2 mags to hear appeals
- can reverse the decisions or find the defendant guilty of a lesser offence
- they can confirm the sentencing, increase it, or decrease it
- can also hear appeals on point of law/ send it to the KBD
9
Q
summary offences
A
- minor/less-serious offences
- eg - common assault & battery
- all have first trials in the mags court (panel of 2-3 mags)
10
Q
Triable either way offences
A
- vary, can be both serious & minor offences
- eg - s47 ABH, s20 malicious wounding, GBH & theft
- can either have trials in mags/crown courts
11
Q
indictable offences
A
- more/most serious offences
- eg - murder, manslaughter, rape & s18 wounding or GBH with intent
- trials only in crown court (judge & jury)
12
Q
pre trial procedure for summary offences - first hearing?
A
- always at mags court
- usually be represented by the duty solicitor (public funding/legal aid scheme) & will enter their plea (guilty/not guilty)
13
Q
pre trial procedure for summary offences - plead guilty?
A
- mags can sentence immediately, set a later date or transfer to the crown court for sentencing (exceed mags sentencing powers)
14
Q
pre trial procedure for summary offences - not guilty?
A
- mags can try some offences immediately but will usually set a later trial date
- will consider granting bail & legal aid for the trial
15
Q
pre trial procedure for summary offences - bail?
A
- mags will also consider bail (whether the defendant can be released back into the community until their next hearing) according to the bail act 1976
16
Q
pre trial procedure for TEW offences - what hearing?
A
- D will enter their plea at a “plea before venue hearing”
17
Q
pre trial procedure for TEW offences - guilty?
A
- can sentence immediately or set a new sentencing date?
18
Q
pre trial procedure for TEW offences - not guilty?
A
- mags hear a “mode of trial” hearing to decide if they have jurisdiction
19
Q
pre trial procedure for TEW offences - trial venue?
A
- if they have jurisdiction the def can choose the trial venue (mags or crown)
- if they refuse jurisdiction the case is transferred to the crown court
20
Q
pre trial procedure for TEW offences - bail?
A
- mags will also consider bail (whether the defendant can be released back into the community until their next hearing) according to the bail act 1976
21
Q
pre trial procedure for indictable offences - first hearing?
A
- in mags court
- mags will transfer case to the crown court for a further plea & directions hearing
22
Q
pre trial procedure for indictable offences - guilty?
A
- will be a sentencing hearing
23
Q
pre trial procedure for indictable offences - not guilty?
A
- may be further pre trial hearings & the case will be set down for a later trial date
24
Q
pre trial procedure for indictable offences - bail & funding?
A
- at all pre-trial hearing the magistrates & judges in the crown court deal with bail & funding (legal aid)
25
Bail
- usually a delay between a defendant being charged with an offence & their trial
- presumpsumption that everyone is entitled to be "bailed" until their trial, unless their are strong reasons that go against this
- rules on bail are in the Bail Act 1976
26
reasons to refuse bail;
- likely to reoffend
- committed this offence while on bail
- may interfere with witnesses or evidence
- threat to others
- charged with very serious offence, eg murder
27
unconditional bail
- just have to show up to next hearing
28
conditional bail
- cannot go in certain area
- have a curfew
- have to surrender passport
- pay a sum of money
29
appeals from the mags court - right to appeal?
- automatic right to appeal their conviction/sentence
- leave (permission) isn't required
30
appeals from the mags court - where and how do they take place?
- takes place in crown court
- panel of 2+ mags & judge
- panel can confirm conviction, reverse trial decision or find the defendant guilty of lesser offence
- can confirm, increase or decrease the decision
31
appeals from the mags court - king's bench division
- if D or V wishes to appeal on a point of law they can appeal directly to the KBD
- "case stated appeals"
32
appeals from the mags court - UKSC
- further right to appeal to the UKSC
- rarely used as the case must involve a point of law of public/national importance
33
appeals from the crown court - where?
- defendant can appeal conviction/sentence/law to the court of appeal, but they need to get leave (permission)
- should only be an appeal if the judge hearing believes original conviction was unsafe & perhaps new evidence
34
appeals from the crown court - how do they take place?
- CA will only review original case
- can quash original conviction, vary it or dismiss if they believe the original conviction was safe
- can order a retrial (50-70 each year)
- can decrease original sentence but not increase
- sentencing rules - Criminal Appeals Act 1995
35
appeals from the crown court - the prosecution
- prosecution has limited rights of appeal
- can appeal if they disagree with the jury acquitting the defendant
- can only do this if one or more of the jury was bribed OR there is compelling new evidence & its in the public interest to re-try the defendant
36
appeals from the crown court - the attorney general
- can refer the case to the CA where it believes the crown court made an error of law
- can also appeal any unduly lenient sentencing
37
aims of sentencing - reform
- also known as rehabilitation
- offender aims to stop their criminal behaviour & get on right path
- best met with sentences which allow the offender education/treatment for drugs/alcohol
- eg - community orders with a drug/alcohol requirement/an activity requirement
38
aims of sentencing - individual & general deterrence
- individual - putting offender off reoffending
- general - giving the public a wider message
- eg making an example of the offender by giving a tougher sentence, aiming to put others off
- eg - custodial sentences/community orders/fines
39
aims of sentencing - public protection (incarceration)
- protecting the public from the offender - by keeping them away
- eg - custodial sentences clearly achieve this as the offender is locked up preventing more crimes
40
aims of sentencing - reparation
- making amends and is achieved by reparation schemes allowing the offender & victim to meet so the offender is aware of the impact of what they did
- also achieved by ordering the offender to pay a compensation order, which gives them money & support to victims of crimes
41
aims of sentencing- punishment (retribution)
- aims to make offender pay for their crimes
- can be achieved through custodial sentences/community orders/fines
- no longer have capital puihsmne t
- if offender takes another life we do make them pay by giving them mandatory life sentences
- all punishments aim to take freedom/time/money
42
factors in sentencing - the criminal justice act 2003
- gives a list of factors, which the court will take into account when deciding the sentence
- s143 of the act says that the most important factors are;
- (1) the type of offence
- (2) seriousness of the offence
43
factors in sentencing - aggravating factors
- make the offence more serious & lead to higher sentences
- previous convictions?
- on bail?
- motive? (race, disability, religious grounds?)
- was the victim vulnerable?
- leading role in offence?
- intoxicated
- weapon?
44
factors in sentencing - mitigating factors
- can lead to lower sentence
- offenders background
- medical reports
- provocation
- early guilty plea
- genuine remorse
- responsibility for children
- played a minor role
- defendants situation
- first offence
45
custodial sentences - fixed-term
- s152 of the CJA 2003 makes it clear that custodial sentences should be used when community orders/fines aren't sufficient
- fixed-terms sentences can be given for all non-fatal offences depending on the tariffs (max sentence)
46
custodial sentences - mandatory sentence
- mandatory sentence of "life" for murder
- judge sets a minimum term which the defendant must serve in prison
- usually 15 years, 30 for police officer murder
47
custodial sentences - timing
- can be "immediate" or can be suspended for up to 6 months in the mags court up to 2 years in the crown court
- if sentence is suspended its only activated if offender commits another offence in the time limit
48
community orders
- s177 of the CJA 2003
- one single community order, to which a judge can attach any (around 12 to choose from)
- could impose unpaid work (40-300 hours)
- community rehabilitation orders - under supervision of probation officer with regular meetings
- also alcohol/drug/angermanament treatment programmes
49
fines
- another type of sentence
- most commonly used penalty in the Mags court
- max fine in mags court is usually £5000, but unlimited under any level 5 offence (LASPO)
- unlimited in the crown court
50
discharges & other sentences
- court may consider a conditional discharge is the most appropriate sentence if the defendant is a first time offender
- they are completely discharged, provided they do not commit a further offence within a fixed period of time
51
qualification of jurors - 3 key qualifications
- set out in the Juries Act 1974
- (1) must be aged between 18-75
- (2) have lived in the UK for 5 years since the age of 13
- (3) they must be registered to vote in elections
52
qualification of jurors - permanently disqualified?
- if they have been sentenced to a term of imprisonment 5 years or more
53
qualification of jurors - temporarily disqualified?
- disqualified for a period of 10 years if;
- custodial sentence of under 5 years
- any suspended sentence
- any community order
54
qualification of jurors - mental disorder/disability?
- people who are incapable of coping with the trial due to mental disorder will not be eligible to do jury service
- deaf jurors who require sign language cannot do jury service
55
qualification of jurors - excusal
- (1) people in armed forces can be excused if their commanding officer writes to the courts
- (2) anyone can ask for a discretionary excusal if they have a good personal/business reason for not being able to given dates (eg - exams, holiday, work commitments, young children)
- jurors over 65, can decline as can those who have been called for a second time in 2 years
56
qualification of jurors - compulsory?
- jury service is compulsory
- there is a £1000 fine for failing to attend your jury service
57
selection of jurors - the summons
- jurors are randomly selected, by a computer from the electoral roles for the court area, for 2 week period
- court sends out the summons (letter & form) which the juror must complete & return
- at court the clerk will randomly selected 20 names & only 12/20 will be randomly selected
- first 12 names randomly select go to jury seating area & be sworn in
58
selection of jurors - challenges
- there are three types of challenges;
- challenge for cause
- vetting
- challenge to the array
59
selection of jurors - challenge for cause
- prosecution & defence can both challenge an individual juror
- challenge for cause if a police records check reveals a juror is disqualified/if the juror knows/are related to the defendant/witness
60
selection of jurors - vetting
- jury can be vetting in two ways
- (1) police criminal records check
- (2) wider background checks if the AG gives permission & the case is about terrorism/national security
61
selection of jurors - challenge to the array
- prosecution/defendant challenge the whole jury if they think its been chosen in an unrepresentative/unbiased way
- shown in the Romford (Essex) case where the whole jury came from a small area in Essex
- R v Ford tells us that the jury cannot be challenged simply because it is not multi-racial
62
role of jury in crim trial - how many/where?
- a jury of 12 randomly selected lay people
- sit in the crown court
63
role of jury in crim trial - hear evidence?
- hear evidence & decide verdict in trial of some TEW & all indictable offences
- has a shared role with judge who decides sentence
- will hear evidence for prosecution & defence
- can pass questions to judge through court staff & examine exhibit
64
role of jury in crim trial - verdict?
- retire to a secret room to decide verdict
- judge will usually accept a majority verdict, if they are unable to reach a majority verdict within 12 hours
- the chosen foreperson will read the verdict out in open court
65
role of jury in crim trial - free from pressure
- free from pressure & independent from the judge & all other outside pressure
- no reason is given for verdict
66
selection/appointment of magistrates - advertised
- positions are advertised, but some people are approached & asked if they would like to become a magistrate
67
selection/appointment of magistrates - application
- applicants fill in an application form, provide refences & then if shortlisted they will be asked for an interview
68
selection/appointment of magistrates- interview
- interview panel is located in the local advisory committee (consists of serving & retired mags & local people)
- 2 stage interview
- fist stage - assess suitability of character & looks for 6 key qualities
- second stage - tests a persons judgement & consists of practical exercises
69
selection/appointment of magistrates - appointment
- the LAC is looking for a balanced bench in term of age, gender & employment (no more than 15% from one employment)
- the LAC selects a candidate & refers them to the Lord Chief justice or their delegate for approval
- mag is sworn in by a senior judge in court
70
role of magistrates - police matters
- mags issue arrest & search warrants
- also extended the time that a suspect can be kept in custody without being charged
71
role of magistrates - pre-trial matters
- all cases will go before mags court during pre-trial matters
- mags deal with bail & committal (plea) hearings
- also hear mode of trial hearings for TEW offences, which decide the trial venue
72
role of magistrates - role in crim trials
- mags will try all summary offences & some TEW offences
- sit as a panel of 2/3 & hear the evidence before deciding verdict & sentence
- qualified legal advisor sits with them in court, advising them about the law
- the advisor isn't involved in the verdict
- they try 97% of all criminal trials
73
role of magistrates - role in youth courts
- mags can do extra training to sit in youth courts hearing trials of 10-17 year olds
74
role of magistrates - role in appeals
- two mags sit with a judge in the crown court to heart appeals from the mags court
75
advantages of using juries - fairness
- men & women
- randomly selected
- unbiased
- decision in private (unpopular decisions)
76
advantages of using juries - cost
- juries are unpaid lay people
- decide over 30, 000 serious rim cases each year
- too expensive to replace with qualified judges that are paid over 100,000 per year
77
advantages of using juries - public support
- used since 1066, mentioned in Magana carta
- no viable reasons to replace them
- Lord Devlin - "juries are the lamp that shows that freedom lives"
78
advantages of using juries - effective
- very few appeals to cases with a jury
- when R v Twomey was tried with no jury (repeatedly tampered with) there was public outrage
- this was because we see juries as a symbol of both justice & fairness
79
disadvantages of using juries - not legally qualified
- no formal qualifications other than a basic understanding
- can make it hard for lawyers to advise clients on likely outcomes
80
disadvantages of using juries - no reason
- decision is made in secret
- hard to appeal with no reason for a decision
81
disadvantages of using juries - compulsory
- some people don't want it to be there responsible for making important decisions about peoples liberty
82
disadvantages of using juries - electronic devices & social media
- in the case of Karayaka (2005) collapsed as a juror had been searching about the defendant online
- modern day problem of using juries
