criminal courts, sentencing and lay people Flashcards
what are summary crimes
- minor offences - speeding, assault
- heard in the magistrates court
how are summary crimes dealt with
- plea - d asked whether G/NG
- guilty - sentenced - no trail
- NG - have a trial to decide verdict
what are triable either way crimes
- middle ranking offences - ABH, burglary
- heard in either mags or crown court
how are triable either way crimes dealt with
- 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
what are the powers of the magistrates
- preliminary hearing
- admin duties
- youth cases
- sentencing powers
- appeals
- number of cases
- decide verdict
what are the powers of the crown court
- sentencing
- offences
- appeals
- plea and case managment
explain the appeal route from the magistrates court
- mags
- crown
- high court - kings bench
- supreme court
- european court of human rights
explain the appeal route from the crown court
- crown court
- court of appeals
- supreme court
- european court of human courts
what are the 5 aims of sentencing
- punishment
- reduction of crime
- rehabilitation
- protection of the publkic
- reparation
what are the 5 types of sentences
- mandatory life
- discretionary life
- fixed term
- minimum term
- suspended sentence
explain mandatory life
- only for murder
- 15years to whole life
explain discretionary life
- the judges choice of length up to whole life
- Eg: manslaughter, robbery
explain fixed term
- a fixed amount of time in prison
- up to 4 years released after 1/2
- more than 4 years released after 3/4
explain minimum term
- for repeated offenders
- 3 burglarys 3 years minimum
explain suspended sentence
- 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
what are 5 types of community attachments
- unpaid work
- drug and alcohol treatment
- exclusion
- supervision
- curfew
what are fines based on
- severity of the crime
- persons income
what is an absolute discharge
completely let go of the crime
what is a conditional discharge
- you are let go on the condition that you do not reoffend
- if you re offend then charged for both
what three qualifications do you need to be a magistrate
- 18-75 years old
- live / work locally for atleast a year
- work 13 full days - 26 half days per year
what are the 3 key qualities of magistrates
- good character
- social awarness
- understanding and communication
what is the role of the jury
- facts of the case, not law
- evidence from both sides
- reason not given for decison
- guilty or not guilty
- unanimous decison
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