Introduction to the criminal courts Flashcards
court of defendant’s first court appearance
magistrates’ court
existence of a jury in the magistrates’ court
there is no jury in a magistrates’ court
possible triers in a magistrates’ court
1) one judge, legally qualified
2) one District Judge
3) bench of 3 lay judges (not legally qualified)
4) justices of the Peace
tribunal of fact
jury
tribunal of law
judge
Circuit Judge
Crown Court Judge
defendant’s court of appeal from magistrates’ court
Crown Court
defendant’s right of appeal from magistrates’ court against…
MC conviction and/or sentence
defendant’s court of appeal from Crown Court
Court of Appeal (Criminal Division)
right of appeal from Crown Court against
CC conviction and/or sentence
right of appeal to High Court by way of case stated is for this type of appeal
appeals on a point of law
right of appeal to the High Court by way of case stated may be exercised by
defendant from MC, defendant from CC, prosecution
application for judicial review is made to which court
High Court
appeal from Court of Appeal is to which court
Supreme Court
under which statute may the prosecution appeal an acquittal?
s.58 Criminal Justice Act 2003
When may the Attorney General refer a case to the Court of Appeal
if clarification of the law is required
What is the role of the court when D pleads not guilty?
To try the case and decide if D is guilty or not guilty, the burden of proof is on the prosecution to prove the case beyond reasonable doubt
Which courts hear criminal trials?
Magistrates Court or Crown Court
When D has appealed from the Magistrates Court what can the Crown Court do to the conviction or sentence?
Confirm, reverse or vary the conviction and confirm, increase or decrease the sentence
What is a case stated Appeal?
When D appeals from the Magistrates Court to the Queens Bench Divisional Court who have to decide on whether or not the magistrates have made the correct decision on the law
What can the QBDC do to the case stated appeal?
Confirm, vary or reverse the decision or remit the case to Magistrates Court to implement their decision
Which act allows D to appeal from the Crown Court to the Court of Appeal?
Criminal Appeal Act 1995
What can the Court of Appeal do if they decide the conviction is unsafe?
- allow the Appeal
- quash the conviction
- vary the conviction
- order a retrial
When can D Appeal to the Supreme Court?
When the case involves a point of law of general public importance and permission is needed
What does the right to appeal make sure of?
That an error of law by the trial judge does not lead to an acquittal
What is the first circumstance in which prosecution can appeal to the Court of Appeal?
If the judge in the Crown Court gives a ruling on a point of law which effectively stops the case against D
When can prosecution appeal to the Court of Appeal against an acquittal by a jury?
- when the jury have been nobbled
- double jeopardy
What acts allows the double jeopardy rule?
Criminal Justice Act 2003
What is the double jeopardy rule?
When there is new and compelling evidence of the acquitted D’s guilt and it is in the public interest for D to be retried. It is only available for very serious crimes such as murder, rape and terrorism offences
When does the Criminal Justice Act 1972 say the prosecution can appeal?
Where the judge may have made an error in explaining the law to the jury, the prosecution have the right to refer that point of law to the Court of Appeal if D is acquitted
When is an Attorney-General’s Reference made?
When the decision of the Court of Appeal doesn’t affect the previous acquittal of a lower court but it creates a precedent instead
What can the Attorney-General do?
Refer an unduly lenient sentence to the Court of Appeal for re-sentencing
What are summary offences?
Minor crimes
What is an example of a summary offence?
Assault
Where are summary offences tried?
Magistrates Court
What are indictable offences?
Serious crimes
What is an example of an indictable offence?
Murder
Where are indictable offences tried?
Crown Court
What are either way offences?
Middle range offences which can vary in the degree of harm caused
What is an example of an either way offence?
Theft
Where are either way offences tried?
Magistrates Court or Crown Court
What are Custodial sentences?
The most severe form of punishment and involve imprisonment, either immediate or suspended
What is a suspended sentence?
When the prison sentence is not activated unless the offender commits a further offence
What is the only sentence available for murder?
Mandatory life sentence
What can the judge do when sentencing a mandatory life sentence?
The judge is allowed to state the minimum number of years imprisonment that the offender must serve before being eligible for release on license
What is a discretionary life sentence?
Where the maximum sentence is life imprisonment but the court can give a lesser sentence where appropriate
What is an example of a crime which carries a discretionary life sentence?
Robbery
What is a fixed term prison sentence?
A term of imprisonment for a set number of months or years
What is the maximum sentence the Magistrates Court can give?
6 months
What is the maximum sentence a Crown Court can give?
The maximum that’s allowed by Parliament
What did the Criminal Justice Act 2003 create?
Community order
What is the purpose of a community order?
To punish and reform the offender
What are examples of community orders?
- unpaid work
- alcohol/drug treatment
- supervision
- curfew
How many hours of unpaid work contributes to a community order?
40-300 hours over a year
What is the supervision requirement under a community order?
The offender is placed under regular supervision of a probation officer for a period of up to 3 years
What is the curfew requirement under a community order?
The offender must remained at a fixed address for between 2-16 in a 24 hour period for a maximum of 6 months and they are electronically tagged
What are financial sentences?
- a fine paid to the state
- a compensation order paid to the victim
What are discharges?
The least serious sentences for first time offenders in the Magistrates Court
What is a conditional discharge?
Where if the offender commits a further offence in the stated period then they can be resentenced for the original offence
What is an absolute discharge?
No real penalty is imposed as the offender is technically guilty but morally blameless
Where are the aims of sentencing set out?
Section 142 of the Criminal Justice Act 2003
What are the five aims of sentencing?
- punishment/retribution
- reduction of crime/deterrence
- protection of the public
- reform/rehabilitate
- reparation
Why is retribution an aim of sentencing?
If someone has broken the criminal law they should be punished and get their ‘just deserts’
What is individual deterrence?
Offenders are deterred from reoffending due to the fear of the consequences
What is general deterrence?
Other people are deterred from offending because they don’t want the same fate
Why are sentences important for protection of the public?
It makes the offender incapable of committing further crime
What does reforming and rehabilitating an offender involve?
Help to alter the offenders behaviour so that he won’t reoffend
What does reparations do?
Ensure that the offender makes amends
What are the factors in sentencing?
- maximum allowed by parliament
- maximum sentencing powers of the court
- aggravating factors
- mitigating factors
- aims of sentencing
- sentencing guidelines
What are aggravating factors?
Circumstances which allow the court to impose a more severe sentence
What are examples of aggravating factors?
- previous convictions
- premeditated
- unprovoked
- racist/religious hostility
- against a vulnerable victim
- use of a weapon
- part of a group
- under the influence of drugs/alcohol
What are mitigating factors?
Circumstances which allow the court to impose a lower sentence
What are examples of mitigating factors?
- no previous convictions
- mental/physical illness
- shown genuine remorse
- cooperated with the police
- provoked
- pleaded guilty at first opportunity
What is a tariff?
The sentence appropriate for the average example of the offence
What do Magistrates do?
- try all summary offences
- decide sentences
- deal with the first hearing of all indictable offences
- issue an arrest or search warrant
- extend period of detention of a suspect
- decide on bail
What do specially trained magistrates do?
- sir in youth courts
- hear cases on family issues
- sit in the Crown Court when a case is on appeal
- deal with the plea before venue and allocation procedure
What happens if D pleads guilty at the plea before venue and allocation procedure?
Magistrates must decide whether their sentencing powers are sufficient to sentence D or whether the case should be committees to the Crown Court for sentencing
What happens if D pleads not guilty at the plea before venue and allocation procedure?
Magistrates must work out the most appropriate court to allocate the case for trial. They will hear arguments from both prosecution and defence.
What happens in a trial at a Magistrates Court?
Three Magistrates will hear the case and decide on guilt or innocence
What is every bench of magistrates assisted by?
A legal advisor
How many days do lay magistrates work for?
13
Which offences do juries try?
Indictable and either way in the Crown Court
What do juries listen to?
- arguments from prosecution and defence
- cross-examination of witnesses
- closing speeches
- judges summing up
How many jurors are on a panel?
12
What do the jury do after hearing the case?
Retire to the jury room to have a secret discussion and decide what the facts of the case are and then apply the law to those facts to decide on guilt or innocence
Where are the basic qualifications for jury service set out?
In the Juries Act 1974
When is a person eligible for jury service?
- between age 18-75
- on the electoral register
- lived in the Uk for at least 5 years from the age of 13
When is someone ineligible for jury service?
- currently on bail
- recent/serious conviction
- mentally disordered
When can someone have their jury service deferred for a good reason?
- serving in the armed forces
- ill health
- if they know the victim/D/witnesses
When can a judge discharge a person from being a juror?
If the lack the capacity to cope with the trial
What did the Criminal Justice Act 2003change in relation to jurors?
Lawyers, judges and police officers are now eligible for jury service so that there’s a wider pool of people eligible
What did the case Hanif V United Kingdom say?
That having a police officer on the jury was a breach of the right to a fair trial
What are the advantages of juries?
- tried by peers
- democratic
- helps keep law clearer
- can decide on fairness rather than strict law
- free from pressure
- impartial
What are the disadvantages of juries?
- decision reached in secret
- unpredictable
- make case longer/more expensive
- verdicts may not be justified
- media coverage may influence their decision on high profile cases
What does Ponting’s Case say?
Juries decide on fairness rather than strict law
What happened in Ponting’s Case?
A civil servant leaked information on the sinking of an enemy ship in the Falklands but the jury believes he acted in the public interest so they acquitted him
What does the case R V Randle and Pottle say?
The jury can ignore the law and make unjustified verdicts
What happened in R V Randle and Pottle?
Ds were charged with helping a soviet spy escape from prison and the jury acquitted them
What does the case R V Young say?
The jury use unreliable ways of coming to a decision
What happened in R V Young?
The jury used a ouija board to try contact the victims of a murder
What does the case R V West say?
Media coverage may influence a jury’s decision in a high profile case
