criminal courts + sentencing Flashcards
criminal courts - hierarchy
supreme court <- court of appeal <- high court <- crown court <- magistrates
criminal courts - classification of offences (summary)
magistrates, least serious type of offence (assault, battery)
criminal courts - classification of offences (TEW)
magistrates and crown, middle range offences (S47 ABH, Theft, S20 GBH)
criminal courts - classification of offences (indictable)
crown, most serious offences (murder, manslaughter S18 GBH)
criminal courts - pre trial procedure summary offences
dealt in magistrates often at first appearence
v
may be adjourned if more evidence needed, to allow D to get legal advide. D can request bail
v
1. if D pleads guilty the mag will pass sentence. 2. or if D=not guilty is heard+decided by mag. both sides give evidence. P must prove D=guilty
criminal courts - pre trial procedure TEW offrnces
plea before venue hearing. bail and legal funding discussed
v
1.D pleads guilty mag hear case facts+evidence if have sentencing powers. if so sentence D. if not committed D to CC for sentencing. 2. or D pleads not guilty is a mode of trial hearing. mag hear case facts+decide if can accept trial
v(2)
1.if accept D can choose. 2. or if don’t accept D can’t choose
criminal courts - pre trial procedure indictable offences
begin in mag for early administrative hearing on issues such as bail and funding
v
sent to CC for plea+directions hearing
v
1. if D guilty, case is adjourned for pre sentence reports. 2. or if not guilty case is adjourned before trial legal funding is discussed
criminal courts - jurisdiction of the criminal courts-magistrates court
3 magistrates/1 district judge, all summary some TEW, 97% all criminal cases, first hearing of indictable offences before crown, issues warrants for arrest, decide bail, approve police detention from 39-96 hours, youth court cases
criminal courts - juristiction of the criminal courts-crown court
jury decide verdict and judges pass sentence, all indictable cases, hear appeals from magistrates by judge and 2 magistrates, sentences in cases magistrates don’t have sentencing powers
criminal courts - appeals-magistrates court
magistrates -> high court or crown
high court- P+D, convictions only, case stated appeal, mistakes about the law, confirm,reverse,vary,remit
crown court-D only, no need leave to appeal, automatic right, reheard by judge +2 mag, confirm,reverse,vary conviction
criminal courts - appeals-crown court
crown -> court of appeal or high court -> both to supreme
crown->CofA - D quash,retrial, need leave to appeal, conviction unsafe, 28 days application. P against unduly lenient sentence, attorney general on behalf of P, can increase sentence
CofA->supreme - P+D, need leave to appeal, point of general public importance or point of law
crown->high - P, jury nobbling, witness been bribed or threatened, can order re trial
high->supreme - leapfrog appeal
sentencing - aims
deterrence, punishment of the offender, public protection, reparation, reform and rehabilitation - S57(2) the sentencing act 2020
sentencing - factors
aggravating factors-may make the judge pass a harsher sentence.
mitigating factors-may make the judge pass a more lenient sentence
sentencing - categories of custodial sentencing
mandatory life sentence, discretionary life sentence, fixed term sentence, suspended sentence
sentencing - mandatory life sentence
judge sets minimum years, for serious offences
sentencing - discretionary life sentence
don’t need to impose a life sentence, other serious offences
sentencing - fixed term
imprisonment for set time, released on licence after half has been served
sentencing - suspended sentence
up to 2 years can be given, only served if offender commits further offences
sentencing - community sentence
unpaid work requirements, exclusion requirements, curfew requirements, rehabilitation program-the sentencing act 2020
sentencing - unpaid work requirements
work from 30-300 hours over 12 months on a suitable project
sentencing - exclusion requirements
not to go to certain places up to 2 years, keeps them away from places they may re-offend
sentencing - curfew requirements
remain at a fixed address for up to 2 years
sentencing - program requirements
participate in a program addressing their behavior
sentencing - rehabilitation program
reduce dependency
sentencing - fines
common sentence by magistrates court, max fine is unlimited, in crown court only small % receive a fine
sentencing - discharge
conditional-free on condition they won’t re-offend up to 3 years, if offend another sentence imposed, often by magistrates. absolute-no penalty imposed, offenders technically guilty but morally blameless
