Crimminal Courts and lay people Flashcards
What cases see the magisatrates
- All summary offences
- Some triable either way offences
- Preliminary matters of tribale either way cases
- Youth court
What is the sentencing power of the magistrates court
6 months imprisonment for one offence and one year for two offences
What cases go to the Crown Court
- All indictable cases
- triable eihter way cases sent from mags
When is a jury used
When the D pleads not guilty at the crown court
What is the sentencing power of the crown court
Unlimited
What type of offence is taking a vehicle without consent
Summary
What type of offence is common assult
Summary
What type of offence is theft
Triable either way
What type of offence is arson
indictable
What happens at an early administrive hearing
Shortly ofter the D has been detained it is decided if they get legal aid or/or bail, usully takes place in the mags
Descibe the court prosses if the D pleads guilty for a summary offence
The D pleases guilty to the clerk, they are then sentenced and possibly adjourned while waiting for the pre trail report.
What is adjournment
A postponement of the hearing
Describe the court prosess of somebody pleading not guilty for a summary offence
They plead not guilty to the clerk. There is a period of adjournment to gather evidence, consider bail and allow D to obtain legal advice.
Prosecution and defence make their case and the mag makes thier decition. Then they are either sentenced if guilty or aquitted
What is a mode of trial hearing
The magistrates decides if they cna handle the case in a triabel either way hearing
Describe the pre trail prosses of pleading guilty for a triable either way offence
You plea guilty at the plea before venue. The magistrates will hear the facts of the case and decide if they can deal with it at the mode of trial hearing. If they can they will pass the sentence and they cannot the D is sent to the crown court
Whats the pre trial prosses of pleading not guilty to a triable either way offence
D pleads guilty at the plea before venue. There is a mode of trial hearing where the mags decide if they cna deal with the case. If they thi k they can, you cna choose to be tried at the mags or crown. If they thi k they cannot you are tried at the crown court
What is the pretrial prosedure for a indictabel offence
There is an early administrative hearing at the mags where bail and aid is decided. You make your plea at the crown court and preperations are made. If you plea guilty, you are adjourned for pre sentence reports and sentenced. If not the trial date si set and key issues are discussed befire the trial, then you are tried by jury in the CC
Who can make appeal
Both prosecution and defendant can make an appeal
Describe a defence appeal from the magistrates court
- If accepted,
- the case is reheard by circuit jusge and two mags in the CC
- They cna quash the conviction, vary the sentece or uphold the conviction (they cant make the sentence higher than th emags juristriction)
- if a point of law becomes evident the case cna be sent to the KBD to be considered
Describe a defence appeal from the crown court
Under the criminals appeal act 1995 if there has been an unsafe conviction. This appeal goes to the Court of Appeal who has the power to vary the sentence, order a retrial, quashed the conviction or vary the offence. AN appeal on the fatcs takes substantial new evidence. The criminal case review Commission may ask the Court of Appeal to grant an appeal if they believe there is a miscarriage of justice as occurred. Appeals can also be made regarding the law [in that the judge has miss directed the jury closed bracket or that the sentence was too harsh.
What happens to human rights cases appealing from the crown court
These may be appealed further to the European Court of human rights. The Supreme Court may refer a case concerning European law to the European Court of justice of the European Union for decision this is known as article 267 referral
What is the aim of sentecing for young offenders
Young offenders - s.142A states that the aim for young offenders is to prevent offending or reoffending. Consideration must be given to the welfare of the offender.
What are the aims of sentencing in the UK
- Punishment
- Deterrence
- Rehabilitation
- Protection of public
- Reparation
What are two forms of punsihment
- Retributive sentence - Prison
- Denunciation - Naming nad shaminig
What are the two kinds of deterrence
- Specific detterent - indovidual - custodial/suspended sentence
- General deterrantm - public - some area specific - joyriding/holiganism
What is the point of rehabiliation and what are some examples
An offender is helped to solve issues that lie behind the criminal behaviour.
Examples include anger management and specialised commiunity service
What are examples of public protection sentences
- Curfews
- electronic tags
- Lisence suspenstion
- Custodial sentence
What are exmples of reperation sentences
- Repairing the damage they caused in community service
- Paying finatial compensation
**
How does the pre sentence report effect the sentence
Who writes the pre sentence report
The prohibition service
What does the pre sentence report contain
Each report will contain basic information such as the offenders age, background and any detail of previous convictions. Additionally, it will include the offenders attitude towards the offence itself. The report may also include the views of the victim
What are examples of aggrivating factors
- Premeditation
- Use of a weapon
- Racsist or religious motivation
- Vunerable victim
How much can a guilty plea lower a sentence
Up to 1/3 (reduction increases as trial date becomes closer)
What are examples of mitigating factors
- The offence not being premeditated
- previous good character
- Assisting police
What is the sentencing council
prepare sentencing guidelines, monitor the operation an effect of its sentencing guidelines, draw conclusion and promote awareness of sentencing and sentence in practise to the general public.
What are the four types of sentences
- Custodial
- Fine
- Community service
- Discharge
What is an absolute discharge
They will have a criminal record but no further action is taken against them. Used on minor first time offenders
What is a conditional discharge
They leave with a crimiminal record and no action will be taken if they don’t commit crime for a time period up to 3 years, when they will be charged for both.
What can happen if you dont pay a fine
Prison
What is taken into account when deciding the severity of the fine
- The seriousness of the crime
- The finatial staus of the offender
How many cases include a fine
71%
What is the minimum age for a community order
16
Where are the requiremnets for a community order located
section 177 Criminal Justice Act 2003
How many types of community order are there
11
What is an unpaid work order
40-300 hours of unpaid work in free time (useually weekends) supervised by the prohabition service.
What is an activity requirement
requires the offender to participate in rehabilitative activities designed to address the behaviours and needs that contributed to the offence, and attend supervision appointments with Probation.
What is mental health treatemnt requirement
he offender must submit, during a period or periods specific fide in the order, to treatment by or under the direction of a registered medical practitioner or register registered psychologist [or both, for different periods] with a view to the improvement of the offender’s mental condition.’
What is
Alcohol treatment/ drug rehabilitation requirement
this order puts the offender under the supervision of a specified person who will offer treatment to the offender with a view of the reduction or elimination of the offenders dependency or propencity to misuse drugs alcohol
what is Curfew/ electronic monitoring requirement
a curfew orders the offender to stay at a fixed address between certain hours of the day for up to six months. This is a much cheaper option than prism as the offender will be still be allowed to work [if they have a job] and therefore, pay their own living expenses. The offender may be fitted with an electronic tag to monitor their whereabouts.
What is Supervision requirement
probation officer regularly meet the offender and supervise them for up to three years. A probation officer will use the opportunity to try and rehabilitate the offender.
What is Attendance centre requirement
he main purpose of an attendance centre requirement is punishment where the level of seriousness is low. It offers constructive activities in a group environment for offenders under 25 years old coma whilst imposing a restriction on their leisure time. This requirement is 1 whereby the offender must attend the attendance centre specified for the number of hours specified [at least 12 and a maximum of 36 in total]. The court should only impose this requirement if it if it is satisfied the attendant centre is reasonably accessible to the offender.
What is Residence requirement
The offender has to live a specific adress for a given period of time
What is Exclusion requirement
Prevents someone from visiting a certian place for up to 2 years (up to six months if they are under 16)
What is Programme requirement
the programme aims to teach the offender how to think or behave differently so as to help the reduce the risk of reoffending
What is Prohibited activity requiremen
Prevents the offender from doing an activity related to the crime
When should a judge use a custodial sentence
it thinks that the offence was so serious that neither a fine alone nor community service sentence can be justified for the offence
When is there a mandatory life sentence
Murder
When is there a whole life order for murder
- Previous convictions
- Murder of two people with sexual or sadistic conduct
- Murder of a child with abdution or sexual or sadistic conduct
- Terroroist murders
When is a 30 year minimum used for a custodial sentence
- Murder of a policde officer or prison warden
- Use of firearm or explosive
- Racially agrivated murder
- Sexual or sadistic murder of an adult
What is a descretionary life sentence
A life sentence that cna be given for crimes less serious than murder
What are the six key qulaitites for a magistrate and who outlined them
- Good character
- Good understanding and communication
- Social awareness
- Matruity and temperment
- Sound judgement
- Commitment
- Lord Chancellor
What age must a magistrate retire
75
How long does a magistrate have to work per year
26 half days
What are the restrictions for becoming a magistrate
- A serious criminal conviction
- No close relives in the criminal justice system
- No hearing impairments
- No bankrupt people
Where must a magistrate live
Local to the court
Under what act does the LOrd chancellor select mags (advised by the county local advisory committees)
justices of peace act 1997
How do you apply to be a mag
an application in response to an ad or through the government website
What does each interview assess
- Character
- Judgement
What is done to ensure a diverse brantch
Those who have been declared suitable will be reviewed by gender, ethnicity, age and occupation
Who are mags sworn in by
Senior circuit judge
Who trains magistrates
magistrate committee of the judicial studies board
What happens in the induction stage of magistrate training
visiting court to observe, vesting prison and lectures on their role. Needs to be undertaken within three months
What happens in the practical training stage of Magistrate training
each trainee will have a mentor and have to fill in a personal development profile. Over two years they must show teamwork, understanding of the criminal justice system, judicial skills, application of law and procedure.
Who can remove magistrates
Lord chancellor
What are the roles of magistrates
- Early administrative hearing - remand - bail - committal
- Plea before venue of timbale either way and indictable
- 97% of cases summary matters start to finish, specifically trained
4.Post trial hear appeals along with a crown court judge in the crown court
How many people per year are selected for jury duty
500k
How long does jury duty typically last
2 weeks
What is the age bracket for jury
18-75
What are reaosns for being dischraged form jury duty (non criminal)
lack of capacity
Poor English
blindness
deaf - needs sign language interprete
What are the crimminal reasons for being disqualified from jury
Perminent exclusion
life imprisonment
Imprisonment for public protection
Five or more years in youth custody
Certain extended sentences in Scotland
Ten year disqualifications
Served any part of a sentence imprisonment
Has a suspended sentence
Has various community orders
what is jury differal
You don’t have to do jury for another 12 months
What are reasons for being deffered from jury
- Exams
- Pregnant
- Breastfeeding
- Prebooked holidays
- Usually only differed once
- Up to 1k fine for not attending
Short staffing of important roles
How did R v green effect juries
Police officer can attend jury
Who selects jurors
Central jury summons burea using computer
How much notice are jurors given and how long have they to respond
4 weeks notice and 7 days to respond
How are jurors selected in court
They are put in groups of 15 and made to do questionaires to decide what cases to be put on
Who does vetting
the police
What re the two kinds of vetting and what happens in each
What re the two kinds of vetting and what happens in each
DBS - disclosure and barring service / police checks - check to eliminate those disqualified. This involves checking the criminal record + restraining orders - all convictions
**Wider back ground checks **- wider background checks and check on political affinations, this can only be done in exceptional cases: national security where the evidence is camera and terrorist cases. This can only be done under the permission of the attorney general.
What is a challange
When the prosecution or defence don’t belive members of the jury are fair
1.
What happened in R v ford
it was held that the jury can’t be challenged for not being multi racial as it was selected randomly.
WHat is an example of a sucsessful challange
Romford jury case - of the 12 jurors lived in Romford, two on the same street
What is a challnage for cause and what is one example
When th jury is challanged fr thier rigth to sit in the jury, e.g. knowing the defendant personally
What is an example of challange for cause
R v Wilson - the wife of a prison officer was called for jury. Both ds where in the prison the husband worked in. the court ordered a retrial.
What does it menan to stand by a juror
Put them att the end ogf the list of potential jurors - can be for no reason but needs to be used sparingly
What are advantages of the jury system with explainations
- Public confidence - the publiccan be involved in justice and the verdict is decided by the Ds peers - public are more confident in thiewr safety
- Jury equity - The judge is seperate from the jury and cannoty influence them - bushels case - minor theft hanging jury starvation
- Secrecy - jurors don’t need reaosn and everything is secret - protects the jurors if thye feel thier reaons coudl get them in trouble + protects case from media
- Impartiality - jury is selected at random -no bias
What are disadvantages of the Jury
- Pervese decitions - the jury may use thier own morals instead of appling the law - R v Krnonlid - Jury found clkeary guilty D innocent as he tampered with planes being sent to kill indonesian civillians
- Secrecy - the jury may have stupid reaons or could’ve misunderstood the case - R v young - ouji board case
- Jury nobbling - threatening or bribing the jurors to get a not guilty result - R v towney - not guilty 3 times - judge only trial
- Media influence - the jurors can contact the D iro witeneses on social media and this cna lead ot bias - R v Fraill - juror contacted D on facebook
