Criminal Courts: Procedure and Sentencing

Question 1

Summary Offence:
Seriousness:
Court:
Max Sentence:

Answer 1

Relatively minor.
Only triable in Magistrates Court.
6 months.

Question 2

Either-Way Offence:
Court:
Max Sentence:

Answer 2

Magistrates Court deals with more minor offences and pre-trial matters. Crown Court deals with more serious offences.

Question 3

Indictable Offences:
Seriousness:
Court:
Max Sentence:

Answer 3

Most serious.

Tried in Crown Court before judge and jury.

Question 4

Jurisdiction of Magistrates Court in Criminal Matters:

Answer 4

Issuing arrest and search warrants, deciding on bail applications, sending trials to Crown Court, trying summary cases, trying either-way offences that are to be tried summarily.

Question 5

Jurisdiction of Crown Court in Criminal Matters:

Answer 5

Trying indictable offences, trying either-way offences that are to be tried on indictment, sentencing trials sent by the Magistrates Court, hearing appeals from the Magistrates Court against conviction or sentence.

Question 6

Burden of Proof:

Answer 6

The obligation to prove the defendant committed the crime.

Question 7

Standard of Proof:

Answer 7

The level to which the evidence must be proved to gain a conviction.

Question 8

Outline procedure to trial:

Answer 8

All criminal cases involve aspects of:

Bail, legal funding, plea, venue, the trial, sentencing of the guilty.

Question 9

Bail:
Act:

Answer 9

Act: Bail Act 1976

There is a general right to bail, granted by the police or the courts.

Question 10

Bail:

Conditional Bail:

Answer 10

Includes:
Reporting to the police at certain times, living at a stated address, staying away from certain people or places, a curfew or an electronic tag.

Question 11

Bail:

Unconditional Bail:

Answer 11

When the police/courts think that a defendant is unlikely to recommit, they may be granted unconditional bail.

Question 12

Legal Funding:

Representation Order:

Answer 12

Covers representation by a solicitor, and if necessary, by a barrister in criminal cases.

Question 13

Legal Funding:

Advocacy Assistance:

Answer 13

Covers the cost of a solicitor preparing the case, and initial representation in certain cases.

Question 14

Duty Solicitors:

Answer 14

Qualified criminal defence solicitor. Paid by the Legal Services Commission for all cases they deal with, so their representation and advice is free.

Question 15

Sentencing:

Aims of Sentencing:

Answer 15

Retribution, deterrence, prevention, rehabilitation.
The punishment of offenders, reduction of crime, reform and rehabilitation of offenders, protection of the public, reparations.

Question 16

Sentencing:

Types of Sentence:

Answer 16

Custodial (sentence of imprisonment)
Community (e.g. a community rehabilitation order)
Financial (fine)
Discharge (no further action)
Other (e.g. driving ban)

Question 17

Sentencing:

Factors in selecting a sentence:

Answer 17

The seriousness of the offence - looking at the harm caused or intended to be caused, level of involvement and blameworthiness. 
Previous convictions.
Aggravating factors.
Mitigating factors.
Pleading guilty.
Personal mitigation.
Totality - being sentenced for more than one crime.
Relevant law - maximum sentence.