Criminal Courts + Lay People Flashcards

Question

reasons for refusing bail

Answer 1

belief that they’d fail to appear previously having failed to appear likely to commit further offences while on bail may interfere with witnesses or obstruct course of justice

Answer 2

nature and seriousness of offence previous bail record strength of evidence against D antecedents of D

Answer 3

balance the interests of... * D, who is presumed innocent and entitled to liberty * with the need to protect the public from a potentially dangerous criminal

Answer 4

D can... * make one further application to the MC * apply for bail at the CC if they were sent there for trial * appeal against the refusal to a high court judge

Answer 5

only the CC can grant bail for murder if offence was committed on bail then bail can only be granted if courts are satisfied there is no risk of further reoffending bail will only be granted in exceptional cases for serious offences like murder if D has already served a sentence for such a crime restrictions on bail for adult class A drug users in certain circumstances under the CJA 2003 restrictions relating to terrorism - home detention under the prevention of terrorism act 2005

Answer 6

* conditional - with restrictions | * unconditional - without restrictions

Answer 7

curfew handing in passport tagging contact bans reporting at police station sureties residence (at bail hostel, etc) exclusion zones

Answer 8

chances for the appellant to have their case reviewed

Answer 9

* point of law - appealing because the judge or magistrates may have applied the law incorrectly or unfairly * against conviction - D may appeal against being found guilty of a crime or the prosecution may appeal against D being found not guilty * against sentence - appealing due to an unfair sentence that D wants reduced or prosecution may think the sentence is too lenient

Answer 10

applies to courts that try the case

Answer 11

applies to courts that hear appeals appeal routes differ depending on the court of first instance

Answer 12

* to correct errors - of fact, law or procedure. appellant may be unhappy with conviction or sentence * to develop law - give opportunity for the law to develop according to doctrine of precedent and via the interpretation of statutes, keeps the law up to date and modern * ensure consistency - enables courts to be consistent in the way they apply the law and carry out sentencing by highlighting potential errors

Answer 13

* CROWN COURT - appeal by defence against sentence or conviction, appeal is heard by a judge and two mags, court reviews evidence again and CC decision is final, no further route of appeal unless by way of case stated * QUEEN’S BENCH DIVISIONAL COURT - appeal by either side by way of case sated, an appeal on a point of law, no need to review evidence again * SUPREME COURT - appeal from queen’s bench to supreme court on a point of law of general public importance, no further route of appeal, SC decision is final

Answer 14

COURT OF APPEAL (criminal division) • D may appeal against sentence or conviction, leave to appeal must be granted by the trial judge in the CC or the CA itself, CA can hear the appeal and order a retrial or quash the conviction • prosecution may appeal against an unduly lenient sentence or if they’re concerned about an acquittal or a ruling on law, can appeal to HC to order a retrial if evidence of jury tampering, can appeal if there’s new and compelling evidence SUPREME COURT - both sides can appeal but must be on a point of law of general public importance, CA must certify this and either the CA or SC must give permission to appeal, very few cases reach the SC, no further route • CCRC (Criminal Cases Review Commission) may refer cases back to the CA after all route of appeal have been used if there’s evidence of a miscarriage of justice

Answer 15

magistrates - up to 6 months imprisonment for one offence judges in the CC - impose up to life imprisonment for some crimes

Answer 16

responsible for preparing and monitoring sentencing guidelines to ensure greater consistency in sentencing consistency - people with similar backgrounds, committing similar offences in similar circumstances should receive similar sentences judges must stay within the range set by the council (eg sentencing for robbery with serious injury starts at 8 years and the range is between 7 and 12 years)

Answer 17

judges rely on the tariff system when sentencing a tariff sentence is the sentence considered appropriate for that offence and is the starting point but may be lowered based on mitigating factors or raised based on aggravating factors

Answer 18

set out in s.142 CJA 2003 * punishment * reduction of crime * rehabilitation * protection of public * reparation

Answer 19

involves retribution and revenge for wrongdoing based on proportionality, punishment should fit the crime (eye for an eye) contains an element of society’s outrage at the crime committed eg life sentence for a murder

Answer 20

involves 2 types of deterrence but also rehabilitation to reduce/prevent future crime * individual deterrence - aimed at a particular offender to put them off reoffending by threatening imprisonment or giving a severe sentence * general deterrence - giving out exemplary sentences to put society off committing crimes, may be harsher than tariff sentence and can be unjust

Answer 21

aims to reform offender to prevent them from reoffending attempts to help them reintegrate back into society rather than punish them focused on the long term by looking at the offenders potential to reform accepted that custodial sentences have little rehabilitative effect eg drug or alcohol rehabilitation treatment

Answer 22

protects public from potentially dangerous criminals by preventing offender from being able to commit more crimes eg imprisonment or curfew

Answer 23

considers victim aims to achieve justice and make amends for damage done eg compensation orders

Answer 24

must be considered * aims of sentencing * seriousness of crime + type of offence * antecedents of offender * motive * sentencing guidelines + tariff sentence * early guilty plea - can reduced sentence by up to a third * aggravating and mitigating factors

Answer 25

factors that make the offence more serious and increase the sentence ``` EXAMPLES • previous conditions for similar offences • offences involving racist, religious, ableist, etc hostility • vulnerable victim • gang related offence • abuse of trust • use of a weapon • repeated attacks • under the influence • while on bail ```

Answer 26

factors that make the offence less serious and reduce the sentence ``` EXAMPLES • first offence • D is very young or very old • D is vulnerable and easily influenced • D expressed remorse, made efforts to make amends with V • D has difficult circumstances • plead guilty at first opportunity • provocation by V ```

Answer 27

custodial - imprisonment, only for most serious offences that are “so serious that neither a fine nor a community sentence can be justified” community orders - CJA 2003 allows judges to combine community orders depending on offence and needs of offender financial sentences - most common type, in 2015 72% of all offenders received a fine, courts set amount depending on how much offender can pay and seriousness of crime, £5000 cap was removed from MC in 2015 discharges - for least serious offences

Answer 28

* mandatory life sentence - judge must state minimum number of years the offender must serve before being eligible for release, under CJA 2003 starting points range from 12 years to a whole life term, LASPO 2012 allows these sentences to be given for a second serious sexual or violent crime * discretionary life sentence - available for other serious offences, judge has ded region in imposing a lesser sentence if appropriate * fixed term sentence - imprisonment for a set number of months or years, prisoners serve half of the sentence and are then released * extended sentences - introduced by LASPO 2012, judges decide how long an offender should stay in prison and also fixes and extended license period of up to 8 years, offender is entitled to release after serving at least 2/3 of their sentence by release is not automatic * home detention curfews - early release from prison on condition that a curfew is included, available for those serving between 3 months and 4 years, a privilege under Crime and Disorder Act 1998 * suspended sentence - sentence is not activated unless offender commits a further offence within a given period of up to 2 years, can be combined with community orders

Answer 29

unpaid work - community service between 40-300 hours over a 12 month period, probation service organises a suitable project, rehabilitative as it focuses on helping the community supervision - probation officer to supervise offender for up to 3 years, attend regular meetings and undertake work to promote personal and behavioural change drug/alcohol treatment - aims to tackle the causes of crime and prevent it, requires offenders consent and can last between 6 and 36 months curfew requirements - can be ordered to remain at a fixed address for a certain number of hours each day, can last a year and may be enforced by electronic tagging prohibited activity - prevented from participating in certain activities for a certain period of time

Answer 30

fines - sum of money payed to the state, can act as a deterrent compensation orders - money payed to the victim for property damage or injury

Answer 31

unconditional discharge - no penalty imposed, experience of court is enough punishment, offender still gets a criminal record conditional discharge - offender is discharged on condition that they do not commit another offence during a set period of up to 3 years, if they do they can be sentence for the new offence as well as the old one

Answer 32

imprisonment is most serious punishment in the UK but does not always deter further offending according to gov statistics, 45% of adults released from custody in 2015 reordered within one year, only 32% of those given community orders reoffended within a year suggests adults given prison sentences are much more likely to reoffend evidence suggests shorter prison sentences may be ineffective and could be replaced with community order instead, 60% of adults who served less than 12 months reoffended

Answer 33

although prison population has been fairly stable since 2011, it is still the highest in europe overcrowding in prisons can lead to rioting and violence and seen in the 2016 prison riots average cost of prisoner per day is £89 which is very expensive considering how big our prison population is suggests less custodial sentences should be used and other alternatives should be considered due to the already overcrowded prison system that costs a lot to maintain

Answer 34

seems to be inconsistency in sentencing between men and women in 2016, there were only around 4000 women in prison compared with 82,000 men for indictable offences women are less likely to be given custodial sentences - unfair HOWEVER, women sent to prison are often victims of domestic violence and sexual abuse so are more likely to suffer mental health problems which should be taken into consideration when sentencing another thing to consider is that the effect of imprisonment on women can be very damaging to children, over 17,000 kids are separated from their mother ever year due to imprisonment

Answer 35

protect that public by preventing offender from reoffending and committing further offences by imprisoning them also act as a deterrent which prevents future crime HOWEVER, reoffending rates for those given custodial sentences is very high because prison does nothing to rehabilitate the offender, in 2015 45% of adults released from custody reoffended within a year

Answer 36

not legally qualified date back centuries, provide continuity with the past allow ordinary people to become involved in the legal system by administering the law within their own communities sit in threes in the MC, one is a chairperson

Answer 37

do not require legal qualifications need certain qualities and characteristics such as good character, communication, maturity, sound judgment and social awareness must be aged between 18 and 65 when they apply must be able to commit to 26 half day sessions each year expected to live and work near court cannot be a magistrate if they’ve had serious criminal convictions, have a conflict of interests, a health condition that will interfere with duties, etc

Answer 38

LAC (Local Advisory Committee) made up of former magistrates and key community leaders recruit new magistrates LAC tries to produce a balanced bench that reflects a cross section of society and features a wide range of occupations and ethnicities

Answer 39

vacancies are advertised, candidates fill in application form and give 2 references LAC conducts a two stage interview process: 1. first interview assessed personal attributes of candidate, identifies whether they have the key qualities needed, explores attitudes to various criminal justice issues such as youth crime 2. second interview involves discussion of at least 2 case studies typical of the MC to test potential judicial aptitude eg asking what type of sentence should be imposed

Answer 40

LAC submits names of suitable candidates to the Senior Presiding Judges for England and Wales candidates appear in court and swear the oath of allegiance once appointed, mags can serve until the age of 70

Answer 41

supervised by the Magisterial Committee of the Judicial College MNTI (Magistrates New Training Initiative) provides framework for training, appraisal and competence BTDCs (Bench Training and Development Committees) provide training (all mags follow the same syllabus and must achieve the same competencies to ensure consistency in sentencing)

Answer 42

FRAMEWORK (divided into 4 areas of competence) • managing yourself • working in a team • making judicial decisions • managing judicial decision making (relevant for chairpersons only) SYLLABUS (divided into 3 parts) • initial introductory training • core training • activities such as observing court sittings

Answer 43

* personal development log - each new mag keeps on to log progress and has a mentor, in first 2 years around 8-11 court sittings will be mentored and during this the mag should attend 7 training sessions * appraisal - takes place after 2 years to check they’ve acquired competencies, continue every 3 years * additional training - can be undertaken to work in the youth court or become a chairperson

Answer 44

try 97% of all criminal cases, around 2 million a year conduct early administrative hearings issue search and arrest warrants try all summary offences from beginning to end - determined guilt or innocence and pass sentence of up to 6 months if guilty try some either way offences - deal with plea before venue, mode of trial hearings, etc specially trained mags deal with defendants aged between 10 and 17 in the youth court

Answer 45

cost local knowledge legal advisor few appeals

Answer 46

* An advantage of using lay magistrates is that they possess local knowledge of the area they serve in * They must live or work in the area, so they would have awareness of local events, issues, patterns of crime and local opinions - a judge is unlikely to have this * Ensures local justice is given by local people who want to help the area they live in * FOR EXAMPLE = In the DPP v Paul case in 1989, a man was charged with kerb crawling and the court had to decide whether this would be "likely to cause a nuisance". The mags knew the neighbourhood well, knowing it was a residential area where kerb crawling had become an issue and so convicted the offender * HOWEVER, this may lead to injustice from magistrates who may be prejudice towards the area they live in, giving a bias judgment and sentencing more severely for issues affecting them.

Answer 47

* An advantage is that they're a cost effective way of dealing with criminal cases * Lay magistrates are unpaid volunteers and are therefore cheap for the government, saving them around £100 million a year * They deal with 97% of all criminal trials. It would take a lot of district judges to replace them and this would cost a huge amount of money because judges and lawyers are legally qualified and paid a lot of money each year * However, some may argue that using a judge instead of magistrates is more efficient. This is because they are legally qualified and have a better understanding of the law. They also have more overall training and experience

Answer 48

* There are very few appeals against the magistrates decisions * Only around 11,000 out of 1.5 million cases are appealed. This reinforces that despite their 'amateur status', they actually do a really good and consistent job. * Most appeals are from the defendant wanting a reduced sentence, not because the magistrates have applied the law incorrectly or have made an unfair conviction * HOWEVER, there are some people who appeal due to the magistrates applying the law incorrectly which wouldn't be done if district judges carried out all of the trials. It's argued that they are more efficient.

Answer 49

* A further advantage is that there is a legal advisor who is legally trained in the magistrates court * This means they can be advised very well on legal matters, ensuring consistency in how the law is applied and enforced via giving verdict and sentencing. This also overcomes criticism that magistrates are not legally qualified. * HOWEVER, in the case of R v Eccles Justices in 1992, the magistrates relied too heavily on the legal advisor. Meaning it wasn't their judgment given but more so the decision of the advisor. The verdict was later then overturned on appeal.

Answer 50

* unrepresentative * judges are more efficient * over reliance on legal advisor * inconsistency in sentencing

Answer 51

* magistracy claims to be diverse but most magistrates are middle aged and middle class, the average mag is 50 years old and often retired from a professional background * may mean they do not have any real knowledge of certain issues in poorer areas and will be unable to empathise, may even be prejudiced or biased as they cannot relate or understand their circumstances * however, they are becoming more diverse and now around 53% are female

Answer 52

* some may argue that using a judge instead of magistrates is more efficient * this is because they are legally qualified and have a better understanding of the law, they also have more overall training and experience * one judge is needed to replace 3 magistrates and it’s also simpler to have one full time judge rather than organising a rota of part tine magistrates who may have availability issues

Answer 53

* mags do not have legal qualifications or vast knowledge so tend to rely on legal advisors which defeats the point of having mags to begin with * their final decision may not be their own as it was influenced by the legal advisor * in the case of R v Eccles Justices in 1992, the magistrates relied too heavily on the legal advisor. Meaning it wasn't their judgment given but more so the decision of the advisor. The verdict was later then overturned on appeal.

Answer 54

* due to lack of legal qualifications and experience there seems to be inconsistency in sentencing * demonstrates how mags can be quite ineffective * in 2013, the sentencing of the magistrates was describes as a “postcode lottery” due to the variations in sentences in different areas

Answer 55

made up of 12 lay people (ordinary, legally unqualified) used in the crown court determine guilt or innocence based of evidence presented to them in court have been used for over 1000 years and allow ordinary citizens to get involved in the legal system

Answer 56

the lamp that shows that freedom lives - Lord Devlin the glory of the english law - Sir William Blackstone

Answer 57

set out in the Juries Act 1974 • aged between 18 and 75 • on the electoral register • resident of the U.K. for at least 5 years since the age of 13

Answer 58

permanent disqualification: • sentenced to life imprisonment • imprisoned for public protection • prison sentence of 5 years or more 10 years disqualification: • prison sentence of less than 5 years • suspended sentence or community order

Answer 59

mentally disordered

Answer 60

DISCHARGED • lack of capacity to cope with trial e.g. not adequately understanding english or being deaf/blind ``` EXCUSED • full time serving member of the forces • pregnant • exams • pre booked holiday ``` anyone can asked to be excused or deferred, a deferral is when someone serves at a later date

Answer 61

JCSB (Jury Central Summoning Bureau) are responsible for summoning jurors by randomly selecting names from the electoral register a letter (summons) will be sent in the post and those summoned must notify the court if they cannot attend, failure to attend is a criminal offence jurors are divided into groups of 15 and allocated a court clerk selects 12 of the 15 at random for trail, remainder wait as back up vetting may take place - check jurors for suitability via routine police checks or even wider background checks, requires permission from Attorney General panel of 12 come into jury box and are sworn in as jurors prosecution and defence both have rights to challenge one or more jurors: • challenge to the array - challenge the whole jury eg for being unrepresentative and potentially bias • challenge for cause - challenge an indivisible juror eg due to incapacity or connection with case

Answer 62

jurors who’ve been challenged are put to the end of the list of potential jurors so won’t be used in a jury unless there are not enough jurors

Answer 63

used in around 30,000 cases a year which is around 2% of all criminal cases listen to evidence presented to them in court and should not take into account outside info such as on social media determine guilt or innocence of defendant, do not need to give reasons listen to advice and summing up from the judge retire to jury room after trial to discuss case in private should come to a unanimous decision or a majority of at least 10 if necessary

Answer 64

secrecy of jury room impartiality open system of justice public confidence in system

Answer 65

secrecy of jury room lack of understanding expensive jury tampering

Answer 66

jury room is free from any pressure in its discussion as it is in private and can ignore the strict letter of the law if they believe its wrong or unfair the Criminal Justice and Courts Act 2015 makes it a criminal offence to intentionally disclose, solicit or obtain information discussed in the jury room

Answer 67

jury members are not connected with anyone involved in the case chosen at random which results in a cross section of society and eliminates the possibility of biased selection 12 members should stop prejudices becoming a deciding factor since they should come to a unanimous decision, unlikely that all 12 will be biased however, it may be difficult to get an impartial jury in cases which have had a lot of publicity. they may be influenced by the media

Answer 68

allows ordinary people to take part in the administration of justice which can empower them and encourage engagements case needs to be explained simply and clearly so the jury can fully understand which also makes it easier for the defendant to follow their own case and makes it more accessible to the public

Answer 69

juries are regarded as one of the fundamental indicators of a democratic system lord devlin said they’re “the lamp that shows that freedom lives” because it means ordinary people can get involved instead of the state doing all of the charging, convicting and sentencing

Answer 70

jury discussion is private and they do not need to give reasons for their decisions makes it hard for D to appeal as there is no way to know how the decision was reached or whether the case was properly understood

Answer 71

juries lack the legal qualifications and experience of judges no minimum educational requirements and this may result in some jurors having difficulty understanding cases which may lead to unfair decisions being made which is a huge problem, especially if someone’s liberty is at stake research shows doubts on around 5% of jury convictions these doubts are illustrated further by the fact that juries have been removed from most fraud cases due to the complex nature of evidence that they’d have trouble understanding

Answer 72

jury trials are time consuming and costly, the trial takes considerably longer and everything needs to be carefully explained to the jury and sometimes the jury has to leave the court so a legal argument can take place long trial costs the courts as the defendants lots of money would be quickly and cheaper to just have one judge

Answer 73

sometimes jury members may be bribed or threatened this leads to skewed and unfair decisions being made prosecution can apply for a trial without jury but this just goes to show that juries are unnecessary and risky to use since they can be tampered with

Answer 74

* free from pressure during discussions and protected from pressures outside * people may be less willing to serve on a jury if the jury room was not secret, if they knew their discussions were public they may not want to serve due to possible repercussions * allows the jury freedom to ignore the strict letter of the law if they believe the law is wrong or unfair

Answer 75

* no reasons need to be given for the verdict which makes it difficult to appeal * the 2015 act does not allow disclosure of any information, even if it’s in the interests of justice eg if a juror’s behaviour was a misconduct * if misconduct happens in the jury room then no one will ever know it happened