Criminal Courts & Lay People - Paper 1

Question 1

What are the two criminal trials courts?

Answer 1

Magistrates Court and Crown Court

Question 2

What are the three types of criminal offences?

Answer 2

Summary, Triable-Either-Way, Indictable

Question 3

Briefly explain summary offences

Answer 3

The least serious offences, only tried in the Magistrates Court, maximum fine is £5,000, maximum sentence is 6 months in prison. Examples include speeding and common assault

Question 4

Briefly explain triable-either-way offences

Answer 4

The medium serious offences, tried in either the Magistrates Court or the Crown Court, Magistrates will send the case to the Crown Court if it is too serious for them, or D will be asked which court they would like the trial to be heard in. Examples include section 20 GBH and theft

Question 5

Briefly explain indictable offences

Answer 5

The most serious offences, only dealt with by the Crown Court, maximum fine is unlimited, maximum prison sentence is life. Examples include murder and section 18 GBH

Question 6

What are the three reasons why there may be an appeal?

Answer 6

Conviction, Sentence, Point of Law

Question 7

Which Act of Parliament sets out the aims of sentencing?

Answer 7

Section 142 Criminal Justice Act 2003

Question 8

What are the five main aims of sentencing?

Answer 8

1) Retribution - punishment of the offender and revenge
2) Incapacitation - protection of the public
3) Deterrence - ensure offenders or potential offenders do not re-offend through fear
4) Rehabilitation - reforming the offender
5) Reparation - compensating the victim and society

Question 9

What are the two factors a judge will consider when sentencing?

Answer 9

Aggravating and Mitigating Factors

Question 10

What is meant by aggravating factors?

Answer 10

Factors which will make the sentence more severe, increase it

Question 11

What is meant by mitigating factors?

Answer 11

Factors which may lessen the sentence, decrease it

Question 12

What other factors, besides mitigating and aggravating, may a judge take into account when sentencing?

Answer 12

Pre-Sentence Reports, Sentencing Guidelines, Medical Reports, Financial Situation of D

Question 13

What is meant by a custodial sentence?

Answer 13

Most serious punishment that can be given, can range from a few weeks to life in prison

Question 14

Give examples of custodial sentences?

Answer 14

Mandatory Life Sentence
Discretionary Life Sentence
Suspended Sentence

Question 15

What are the three examples of community sentences?

Answer 15

Unpaid work in the community, drug or alcohol treatment, curfew requirement

Question 16

What can fines be used for when given as a sentence?

Answer 16

To cover court costs and for compensation to victims

Question 17

What are the two types of discharge?

Answer 17

Conditional and Absolute

Question 18

What does the term lay people mean?

Answer 18

People who are part of the legal system but aren’t legally qualified

Question 19

What roles do Magistrates have?

Answer 19

Try all summary cases
Try some triable-either-way cases
Deal with the first hearing for indictable offences
Issue search and arrest warrants
Check bail applications
Decide verdict if D pleads not guilty
Decide sentence if D pleads or is found guilty

Question 20

Explain the role of Juries

Answer 20

Sit only in the Crown Court
Listen to all the evidence
Listen to the judge’s ‘summing up’ of the case and their explanation and definition of the law
Reach a verdict of guilty or not guilty

Question 21

What are the advantages of using juries?

Answer 21

Leads to jury equity (fairness)
There are 12 people making the decision which is fairer than having one person deliberating

Question 22

What are the disadvantages of using juries?

Answer 22

Racial composition and bias
Media influence
Fraud trials