criminal courts, sentencing and lay people

Question 1

what are summary crimes

Answer 1

• minor offences - speeding, assault
• heard in the magistrates court

Question 2

how are summary crimes dealt with

Answer 2

• plea - d asked whether G/NG
• guilty - sentenced - no trail
• NG - have a trial to decide verdict

Question 3

what are triable either way crimes

Answer 3

• middle ranking offences - ABH, burglary
• heard in either mags or crown court

Question 4

how are triable either way crimes dealt with

Answer 4

• plea before venue - at mags asked if G/NG - if sentenced right away if mags have enough power
• mode of trial (NG) decide if they can take the case : look at criminal record, seriousness of crime
• accept/reject- accept d choses which court
  reject - d has to go to crown

Question 5

what are the powers of the magistrates

Answer 5

• preliminary hearing
• admin duties
• youth cases
• sentencing powers
• appeals
• number of cases
• decide verdict

Question 6

what are the powers of the crown court

Answer 6

• sentencing
• offences
• appeals
• plea and case managment

Question 7

explain the appeal route from the magistrates court

Answer 7

• mags
• crown
• high court - kings bench
• supreme court
• european court of human rights

Question 8

explain the appeal route from the crown court

Answer 8

• crown court
• court of appeals
• supreme court
• european court of human courts

Question 9

what are the 5 aims of sentencing

Answer 9

1. punishment
2. reduction of crime
3. rehabilitation
4. protection of the publkic
5. reparation

Question 10

what are the 5 types of sentences

Answer 10

1. mandatory life
2. discretionary life
3. fixed term
4. minimum term
5. suspended sentence

Question 11

explain mandatory life

Answer 11

• only for murder
• 15years to whole life

Question 12

explain discretionary life

Answer 12

• the judges choice of length up to whole life
• Eg: manslaughter, robbery

Question 13

explain fixed term

Answer 13

• a fixed amount of time in prison
• up to 4 years released after 1/2
• more than 4 years released after 3/4

Question 14

explain minimum term

Answer 14

• for repeated offenders
• 3 burglarys 3 years minimum

Question 15

explain suspended sentence

Answer 15

• crimes that would result in up to two years
• you are watched/monitored
• if re offened within 2 yrs charged with new and old crime

Question 16

what are 5 types of community attachments

Answer 16

1. unpaid work
2. drug and alcohol treatment
3. exclusion
4. supervision
5. curfew

Question 17

what are fines based on

Answer 17

1. severity of the crime
2. persons income

Question 18

what is an absolute discharge

Answer 18

completely let go of the crime

Question 19

what is a conditional discharge

Answer 19

• you are let go on the condition that you do not reoffend
• if you re offend then charged for both

Question 20

what three qualifications do you need to be a magistrate

Answer 20

1. 18-75 years old
2. live / work locally for atleast a year
3. work 13 full days - 26 half days per year

Question 21

what are the 3 key qualities of magistrates

Answer 21

1. good character
2. social awarness
3. understanding and communication

Question 22

what is the role of the jury

Answer 22

• facts of the case, not law
• evidence from both sides
• reason not given for decison
• guilty or not guilty
• unanimous decison
  secret