Criminal Courts & Lay People (Criminal)

Question 1

What are the two criminal courts?

Answer 1

Magistrates and Crown

Question 1

What are the three categories of offences?

Answer 1

Summary, Triable either way, Indictable

Question 2

What is the max punishment for summary offences + court?

Answer 2

£5000 fine or 6 months imprisonment + magistrates court

Question 3

What is max punishment for triable either way offences + court?

Answer 3

12 months imprisonment + magistrates or crown

Question 3

What is the max punishment for indictable offences + court?

Answer 3

Unlimited fine an max life sentence + crown court

Question 3

Why might a defendant or prosecution want to appeal?

Answer 3

• Incorrect decision
• harsh sentence
• if law might not have been correctly used

Question 4

What are the aims of sentencing?

Answer 4

Retribution, Protection of the public, Deterrence, Rehabilitation, Reparations

Question 5

What are the two factors behind sentencing?

Answer 5

Aggravating and mitigating factors

Question 6

What are aggravating factors + examples?

Answer 6

Things that might make the defendants sentence harsher - carrying a weapon, being in a gang, attacking a vulnerable person, no remorse, previous convictions, racially motivated

Question 7

What are mitigating factors + examples?

Answer 7

Things which may reduce the defendants sentence - genuine remorse, paying back items, if they plead guilty, helped police, first offence, good character

Question 8

What are other factors that influence sentencing?

Answer 8

Pre-sentence reports, sentencing guidelines, medical reports, financial situation of defendant

Question 9

What are the types of sentences for adult offenders?

Answer 9

Custodial, Community, Fines, Discharge

Question 10

Types of community sentences?

Answer 10

Unpaid work, drug treatment, curfew

Question 11

Types of discharge?

Answer 11

Conditional and absolute

Question 12

What does lay personnel mean?

Answer 12

Someone who is not legally qualified

Question 13

What is the role of a magistrate?

Answer 13

Decide if defendant gets bail, hear 9% of all criminal cases, decide the verdict if not guilty is pleaded, issue warrants and decide sentencing

Question 14

What is the role of a jury?

Answer 14

Hear the facts of the case and deliberate them, only try about 15 of cases

Question 14

What are disadvantages of a jury?

Answer 14

They can be easily influenced by media, may have bias which could lead to an unfair outcome

Question 15

What are advantages of a jury?

Answer 15

They aren’t legally binded by precedent so they can be seen as a lot fairer and there are 12 of them so multiple possible perspectives, they are also cheap