English Legal System - 0.007

Question 1

What’s the lowest offence called?

Answer 1

Summary offences - if there is a trial for it, it will take place in the magistrates court.

Question 2

What are middle offences called?

Answer 2

Either way offences - thieve cases can be heard in Edit her the magistrates court or the crown court depending on its severity.

Question 3

What are the most serious offences called?

Answer 3

Indictable offences - pleas are entered in the magistrates court and the hearing will take place immediately in the crown court.

Question 4

What percent of criminal cases are dealt with by the magistrates court?

Answer 4

97% - most plead guilty straight away, the quicker the more lenient the sentence. No need for a trial.

Question 5

How many magistrates courts are there in England and Wales?

Answer 5

330 - maximum sentence is 12 months in prison

Question 6

Summary trials:

Answer 6

• least serious criminal offences
• fines between £200-£5,000
• maximum prison sentence in 6 months

Question 7

Requirements for magistrates:

Answer 7

18-70 years old
no record
live in the community
give 26 days a year to sit in on trials

Question 8

Entering a plea:

Answer 8

• majority of defendants enter a guilty plea
• Magistrates decide on an appropriate sentence
• if a not guilty plea is entered, the case goes to court

Question 9

Triable - either way offences:

Answer 9

• Once the defendant has entered their plea, magistrates must then decide whether:
1. they can impose sentence. If they believe sentence should be higher in a guilty plea, they will send the individual to the Crown Court for sentencing.
2. they think their court is suitable for the trial given the nature of the offence. If not, they will refer the case to the Crown Court.
• The defendant also has the right to choose a Crown Court trial by jury if they wish, since the right to trial by jury is considered a protection of individual rights.

Question 10

What happens at the Crown Court:

Answer 10

-80 Crown Courts in England and Wales
-indictable offences are referred here from the magistrates court
-defendant enters a guilty or not guilty plea in the pre-trial. If ‘guilty’ then it is heard by the judge alone, if ‘not guilty’ a jury is used
-

Question 11

The pre-trial schedule:

Answer 11

1. The indictment is formally set out.
2. Prosecution and defence disclose any evidence they propose to use at the trial, with a specific focus on any potential evidence that might undermine the prosecution.
3. Defence give a written statement to the prosecution. Any alibi must also be disclosed so that police checks can be run.
4. Plea and Trial Preparation Hearing (PTPH) – this identifies the issues and sets out the timetable and decides whether a Further Case Management Hearing (FCMH) will occur. This only occurs in identified complex cases or if a judge decides that the interests of justice require a further hearing. Following which, the next appearance in court should be for trial.
   The judge is not allowed to tell the jury whether the defendant in question is guilty

Question 12

Advantage of a jury trial:

Answer 12

Slightly better odds of being found not guilty

Question 13

Disadvantage of a jury trial

Answer 13

The randomness of the jury selection as they can come from any register

Question 14

The role of the youth court :

Answer 14

• Young offenders aged 10 – 17. Under-10’s cannot be charged with a criminal offence.
• Less formal, only those involved in the case are let in. Press can attend, but must keep anonymity.
• Magistrates have special training.
• At least one female and one magistrate on the bench.
• Parents or guardian must attend.

Question 15

Appeals from the Magistrates court:

Answer 15

• Automatic right to appeal to the Crown Court against either/or conviction or sentence.
• Case is reheard by a judge and 2 new magistrates not involved in the court if first instance
• Previous decision may either be upheld or reversed. Sentences can also be
amended.
• Case stated appeals – these are special appeals where the defence believes the original trial magistrate or judge made a mistake about the law. They are referred to the Administrative Court (Kings Bench in the High Court). Heard by 2 High Court judges. Only about 100 case stated appeals each year.
• Appeals to the Supreme Court can be allowed if the Divisional Court (one with more than one judge sitting, usually 2, or sometimes 3, in this case the High Court) feels that a point of law of public importance is involved, or permission is granted.

There a very few appeals and most appeals aren’t successful anyways

Question 16

Appeal routes from the Crown Court to the Court of Appeal Criminal division:

Answer 16

Both defendant and prosecution have rights to appeal.
• In order to launch an appeal against a conviction or sentence, the
defendant must first get ‘leave to appeal’ from the Court of Appeal.
• Fewer than 1 in 4 cases are granted.
Grounds for appeals will be granted under the Criminal Appeal Act 1995 if:
- (a) There was a possibility that the conviction was unsafe and (b) dismiss such an appeal in any other case.
- Any new evidence that comes to light must be credible and believable to be considered.
The court can then either:
1. Allow the appeal and quash the conviction.
2. Vary the sentence (although only reduce it, not increase it).
3. Order a retrial. There are usually about 50 to 70 of these every year.

Question 17

Appeals by the prosecution:

Answer 17

The prosecution can appeal against: a judge’s ruling, an acquittal, referring a point of law or against sentence.
1. Against a judge’s ruling – sometimes the trial judge can stop a case if ruling on a point of law. The Criminal Justice Act 2003 gives the prosecution the right to appeal this ruling.
2. Against acquittal – evidence of interference with the jury, ‘jury nobbling’ or new and compelling evidence has been used. Only available for 30 or so serious offences like terrorism, murder, rape and so on. In these cases a retrial might be ordered. e.g. The Stephen Lawrence retrial in 2011.
3. Referring a point of law - any decision by the Court of Appeal does not affect the acquittal but might set a precedent in future cases.
4. Against sentence – if the Attorney General thinks the sentence is unduly lenient, they can refer this to the Court of Appeal. There are about 120 cases each year and the sentence increased in about 80% of these. Most increases are of about 1 to 2 years.

Question 18

What is Double jeopardy?

Answer 18

This rule, which before the Criminal Justice Act 2003 stated that a person couldn’t be tried for the same offence if previously acquitted was set aside in this case.

Question 19

What is precedent in terms of law?

Answer 19

It’s a decision taken in the higher courts (court of appeal or Supreme Court) that will have an impact on every other similar case in the future.

Question 20

What’s a life sentence?

Answer 20

A mandatory life sentence is 25 years which is a minimum amount followed by strict parole after release. A whole life sentence actually lasts your whole life.

Question 21

What is ABH

Answer 21

Actual bodily harm - bruising or internal injury

Question 22

What is GBH

Answer 22

Grievous bodily harm - wounding, broken bones, serious injury

Question 23

The criminal case review commission (CCRC)

Answer 23

• The Criminal Cases Review Commission (CCRC) is the statutory body responsible for investigating alleged miscarriages of justice in England, Wales and Northern Ireland.
• It was established by Section 8 of the Criminal Appeal Act of 1995 and began work on 31 March 1997.
• The Commission is the only body in its area of jurisdiction with the power to send a case back to an appeals court if it concludes that there is a real possibility that the court will overturn a conviction or reduce a sentence.
• Since starting work in 1997, it has on average referred 33 cases a year for appeal.

Question 24

0.008 : Sentencing

Question 25

What does the sentencing council do?

Answer 25

They issue guidelines to magistrates (lowest court) on appropriate types of sentence for various different offences

Question 26

What are the aims of sentencing?

Answer 26

According to the Criminal Justice Act 2003: • Punish the offender.
• Reduce and deter crime.
• Reform and rehabilitate the offender.
• Protect the public.
• Make reparation to the victim.

Question 27

What is retribution?

Answer 27

• The punishment should fit the crime.
• There must also be a sense that society and the victim are avenged.
• The Sentencing Council issues guidelines on punishment tariffs.

Question 28

What types of sentences are there?

Answer 28

Prison, community sentences, fines, discharges

Question 29

What is denunciation?

Answer 29

• In denouncing a crime, society expresses its disapproval and reinforces moral boundaries

Question 30

How does sentencing protect the public?

Answer 30

Long prison sentences, tagging etc can be used as ways of ‘incapacitating’ the criminal and protecting the public

Question 31

What is meant by deterrence?

Answer 31

Punishment should also act as a deterrent to the criminal and the general public.
• 55% of adult prisoners reoffend within 2 years of release and for young offenders, the figures are even higher with 70% of them given custodial sentences having reoffended within 2 years.
• Occasionally the courts will give harsher sentences as a general deterrence. E.g. the riots of 2011. this can contradicts the principle of retribution, since the sentence does not match the offence.

Question 32

Rehabilitation and reform:

Answer 32

Rehabilitation states the idea that the offender’s behaviour must be altered so that they will conform to community norms.
• Reformation attempts to ensure that the offender will not offend again in the future.
• Courts can issue individualised sentences where the defendant’s history is taken into account in what is called a pre-sentence report.
• Drug abusers can sometimes have to undergo detox or educational programmes.
• Can sometimes lead to inconsistency in sentencing with different types of people receiving different sentences for the same crime.
• Offenders from poor home backgrounds are seen as less likely for reform.
• Offenders are also often asked to pay compensation to make for their crimes.
This constitutes reparation.

Question 33

Protection of public and reparation:

Answer 33

• The public must be protected from dangerous offenders.
• Those who commit the most serious crimes such as murder or violent sexual offences can receive life imprisonment or other long terms of imprisonment.
• Criminal Justice Act 2003 allows the court to send offenders who are deemed a serious risk to the public to be sent to prison for the protection of the public.
• Some offenders might be banned from certain town centres or attending particular football matches.
• Others can be electronically tagged or have curfew orders at night time.
• Reparation is when the court might order the offender to pay compensation to the victim, do community service under the supervision of a probation officer or even try and bring offender and victim together to make direct reparation.

Question 34

What is denunciation?

Answer 34

Denunciation is when society is expressing its disapproval of criminal behaviour. Public condemnation. Job of the state.

Question 35

What are the factors in determining a sentence?

Answer 35

1 - What were the factors surrounding the offence? – previous convictions of a similar nature, were they on bail when the crime was committed, was there a racial/religious aspect or hostility to disability or sexual orientation involved? Was the defendant in a position of trust? Was the victim vulnerable?
2 - The Criminal Justice Act 2003 goes on to include – was the victim a part of a group attacking the victim? Was the victim vulnerable? (young child or elderly). Was the victim serving the public? (A nurse in a hospital emergency unit for instance). Was the assault premeditated?

1. Did the offender cooperate with the police?
2. Did they help to identify others involved in the crime?
3. Did they have a mental illness?
4. A physical illness?
5. Have they had no previous convictions? 6. Did they shown genuine remorse?

If the court is satisfied that some of the above criteria are met, they may impose a heavier sentence.

Question 36

What are other factors involved in sentencing?

Answer 36

A guilty plea
Depending at what stage of proceedings the defendant decides to enter a guilty plea, the Sentencing Council issue the following guidelines:
- At the first reasonable opportunity (1/3 off a sentence)
- After the trial date has been set (1/4)
- Door of the court or after the trial has begun (1/10)
- Anything after that, no reduction.
Previous convictions
If the defendant has no previous convictions for similar crimes, they are more likely to be treated more leniently.
Reports
If the Probation Service report takes into account factors in the defendant’s background or a medical report is asked for by the court, these will also be taken into account.

Question 37

0.009 Lay Magistrates

Question 38

Selection and appointment:

Answer 38

About 700 appointed each year.
• Appointment are made by the Lord Chief Justice who delegates to a Senior
Presiding Judge.
• Recommendations are then made by a local advisory committee. Members tend to be ex-justices of the peace, a maximum of 12 members, mixture of mags and non-mags.
• Positions are widely advertised and anybody can become a magistrate.
• 2-stage interview process: first interview is mostly about the candidates personal
attributes, the second tests judicial aptitude by looking at individual studies.
• Successful candidates have their names submitted by the panel to the Lord Chief Justice who then makes the appointments.
• The aim is to recruit a slate of candidates that reflects as broad a composition of society as possible. There are 11 broad categories of occupational backgrounds laid down by the Lord Chancellor and no more than 15% can come from one category alone.

Question 39

Magistrates in criminal cases:

Answer 39

All criminal cases begin in a magistrates’ court.
• Magistrates pass the most serious crimes (for example murder, rape and robbery) to the Crown Court. Magistrates decide if the defendant should be:
- kept in custody - for example in a police or court cell
- let out on strict conditions - for example to keep away from named places or people • Magistrates deal with crimes like:
- minor assaults
- motoring offences
- theft
- handling stolen goods
• Magistrates can give punishments such as:
- fines
- unpaid work in the community
- prison for up to 6 months (or up to 12 months for more than 1 crime)

Question 40

Composition of the bench:

Answer 40

53% are women. Only 22% of High Court judges and above are female.
• 11% are from ethnic minority backgrounds. Less than 5% of the professional judiciary are.
• Adverts have been placed in The Caribbean Times, the Asian Times and Muslim News.
• 4% have a disability.

Question 41

Role of the magistrate

Answer 41

Most of the magistrate’s work is on criminal cases:
- Summary cases and triable-either-way if the defendant has chosen to be tried in the Mags Ct.
- Deal with most of the preliminary work: Early Administrative Hearings, remand hearings and bail applications.
- Hold trials where the defendant has pleaded not guilty and sentence when they have pleaded guilty.
- Can imprison an offender for up to 6 months for one offence, 12 for two.
- Can also make community orders, fine defendants, disqualify them from driving and issue discharges.
Magistrates also hear some youth court cases:
- Youth Court panels must usually include one man and one woman.
- Mags must be specially nominated and trained to carry out these hearings.
Magistrates can also hear appeals at the Crown Court from the Mags Ct where two lay justices will hear the appeal with a qualified judge.

Question 42

Training to be a magistrate:n

Answer 42

Training is
• The training could take place over: - a long weekend
- weekdays
- short evening sessions over several

Three parts to the syllabus:
1. Initial introductory training – the role, responsibility, duty, administration etc.
2. Core training – acquiring and developing the key skills of a competent magistrate.
3. Activities – observations of court sittings, visits to a prison, probation office etc.

Question 43

The magistrates clerk:

Answer 43

• Legal adviser to the bench.
• Senior clerk must be qualified as either a barrister or solicitor for at least 5 years.
• Guides the mags on questions of law, practice and procedure.
• Is not meant to assist the mags in decision making.
• Deal mainly with routine admin, issuing warrants for arrest, extending police bail, adjourning criminal proceedings and dealing with Early Administrative Hearings.

Question 44

Advantages of lay magistrates

Answer 44

Represent a cross-section of society.
• Good local knowledge.
• Cost.
• Training.
• Legal advice available through the clerk.
• Most defendants accept judgements and there are very few appeals

Question 45

010 - Juries

Question 46

Who can be on a jury?

Answer 46

• everyone over the age of 18 may be selected at some point in their life to be part of the jury

Question 47

What are the jury qualifications?

Answer 47

Must be 18-70
Registered to vote in parliamentary or local government elections
- people serving life sentences cannot participate
- detention during his majesty’s pleasure
- imprisonments for public protection
- am extended sentence
- a term of imprisonment longer than 5 years
- mentally disordered people can’t serve
- a person determined by a judge as being incapable of administering their property or affairs
- lawyers and police officers can now serve on a jury

Question 48

Jury and work?

Answer 48

Your employer must give you paid leave for the jury service.

Question 49

When can you be excused from jury service?

Answer 49

• members od the serving forces
• too ill or with disability
• mother’s with young babies
• people with business appointments
  -people with booked holidays

Non- attendance with no reason can incur up to £1,000 fine.

Question 50

Police checks?

Answer 50

There is no standard procedure when it comes to police checks

Question 51

What is the role of the jury in a criminal case?

Answer 51

• jury make their decision on their own without giving reasons why
• their decision is made in private
• unanimous verdicts are usually preferred, a majority victim (two against majority) can be accepted