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A-Levels with Mum > Law-Criminal Courts: Procedure and Sentencing (AS) > Flashcards

Law-Criminal Courts: Procedure and Sentencing (AS) Flashcards

1
Q

What criminal jurisdiction does the Magistrates’ Court have?

A

Issuing arrest/search warrants, deciding on bail applications, ! conducting sending-for-trial hearings! , trying summary offences such as assault, and trying either way offences that are to be tried summarily such as theft

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2
Q

What criminal jurisdiction does the Crown Court have?

A

Trying indictable offences such as murder, trying either way offences that are to be tried on indictment such as theft, sentencing from Magistrates court, and hearing appeals from the Magistrates court against conviction or sentence

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3
Q

What are the three classifications of criminal offences?

A

Summary, either way and indictable (in order from least severity to highest)

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4
Q

What does the word summary refer to?

A

The way in which the defendant is ordered to attend court, which is by a written order usually delivered by post

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5
Q

What is the burden and standard of proof in criminal law?

A

Burden on prosecution to prove guilt of defendant and the burden is beyond reasonable doubt

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6
Q

What is the main purpose behind the criminal procedures?

A

To ensure justice is done

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7
Q

What set out the rules for procedure?

A

Criminal Procedure Rules 2011 and are updated annually, with the overriding objective that criminal cases are dealt with justly

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8
Q

How are criminal cases dealt with justly?

A

Acquitting innocent/convicting guilty, dealing with prosecution and defence fairly, recognising rights of defendants, respecting interests of witnesses, victims and jurors, dealing with the case quickly and effectively, and ensuring appropriate information is available to court when bail and sentence are considered

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9
Q

What is the first court for all criminal cases?

A

Magistrates court

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10
Q

Who commences prosecutions?

A

Public prosecutors, including the police, and charges are administered either orally at a police station, or in writing

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11
Q

What are written charges accompanied with?

A

A requisition requiring the defendant to appear in court on a specified date. They will be issued together by the police

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12
Q

What do all criminal cases involve aspects of?

A

Bail, legal funding, plea, venue, trial and sentencing of the guilty

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13
Q

Explain summary offences?

A

Magistrates court, first hearing is charge and plea. Guilty plea=sentencing or pre-sentence report. Not guilty plea=trial date set or adjourned for pre trial review usually between 2-3 months and bail is renewed/reconsidered

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14
Q

Explain either way offences?

A

Magistrates or crown court but before decision magistrates have indication of likely plea. Not guilty plea= court clerk asks prosecutor to make representations for complexity/seriousness to decide court (‘mode of trial’) If magistrates can’t deal it goes to crown court, even if they can, defendant can still choose crown court. If guilty plea=Magistrates decide if they have power to impose appropriate sentence (if sent to crown, bail has to be made)

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15
Q

Explain indictable offences?

A

Crown court. First hearing at magistrates=charge read out but no plea given until in crown court. Bail can be applied for at either court but other hearings are in crown court. Guilty plea=sentencing or pre sentence report (case will be adjourned and bail is reconsidered) Not guilty plea=case adjourned to date of trial and bail is reconsidered

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16
Q

What gives the general right to bail?

A

The bail act 1976

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17
Q

Who can grant bail?

A

The courts and police at a police station or under the criminal justice act 2003 where police officers can grant bail after arrest at locations other than police station (street bail) and court bails are through the magistrates court

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18
Q

What happens where bail is granted?

A

Person is released from custody until next date for court or police station appearance, as stated on bail notice

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19
Q

What happens if bail is refused?

A

Will happen if the police or court believe the defendant would abscond, commit an offence, interfere with witnesses or interfere in other ways to the criminal justice process, if on bail

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20
Q

What are the two types of bail?

A

Conditional and unconditional

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21
Q

What is conditional bail?

A

Police and courts can impose any requirements eg surrendering passport, that are necessary to make sure the defendants attend court, don’t commit offences and don’t interfere with witnesses. The recommendations and requirements must be specific and justifiable and must be likely to be effective and capable of being enforced

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22
Q

When can bail conditions be imposed?

A

Before release on bail

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23
Q

What happens when bail is surety?

A

The defendant or another person may be required to pay a sum of money up to that amount if the defendant doesn’t attend the police station or court as required

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24
Q

What happens when bail is through security?

A

The same as with surety but secured on an asset such as a house. The security may be fortified if bail is broken

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25
Q

What are post-release conditions?

A

They may be imposed so that the defendant is likely to attend, and also is less likely to re-offend or interfere with witnesses

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26
Q

What could post-release conditions include?

A

Reporting to police station at given times, living at a stated address, staying away from certain people or places, or a curfew for which the court can order an electronic tag to be used

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27
Q

What happens if a defendant is reported or believed to have breached a bail condition?

A

He can be arrested and brought before the Magistrates’ court, and may lose the right to bail and be placed on remand. Failing to appear at court as required is a criminal offence, and a defendant can also be prosecuted for this offence

28
Q

What is unconditional bail?

A

If the police/court think a defendant is unlikely to commit further offences, will attend court when required, and won’t interfere with the justice process, they are usually released on unconditional bail

29
Q

What are the three ways in which a person could be helped if they need to be represented in court for a criminal offence?

A

A representation order, advocacy assistance or other types of legal help

30
Q

What is a representation order?

A

Representation by a solicitor, and if necessary, a barrister. To qualify in the magistrates court for it, certain financial conditions must be met. If they meet the financial conditions, there is usually help with representation, as long as it is in the interests of justice that there is representation (automatic interests of justice to representation in Crown court)

31
Q

What is advocacy assistance?

A

Covers the costs of a solicitor preparing the case, and initial representation in certain areas

32
Q

What is an example of other types of legal help?

A

Help from motoring organisations

33
Q

What is a duty solicitor?

A

A qualified criminal defence solicitor. They will either work directly for a firm or will be self employed. They are independent of the police and courts. Each takes turn on a rota in up to 6 different local justice areas depending on where their office is based. The rotas cover police stations within those areas 24 hours a day, and courts within those areas Monday to Sunday throughout the year

34
Q

What is a duty solicitors job?

A

To represent those people who don’t have, or who have not requested, a specific solicitor

35
Q

Who pays duty solicitors?

A

The legal services commission for all cases they deal with, so their advice and representation is free for defendants

36
Q

What is the underlying concept of sentencing?

A

Justice requires consistency in sentencing, meaning similar crimes committed in similar circumstances by offenders whose circumstances are similar should be given similar sentences

37
Q

Why is consistency in sentencing important?

A

To the offender but also important to those directly affected by the crime and to the public, so there can be public confidence in the criminal justice system

38
Q

What does the range of sentences depend on?

A

Type, seriousness and circumstances of the crime, plus the maximum penalty available by law

39
Q

What do judges and magistrates have to help make sentencing decisions?

A

A number of guidelines, which with the potential sentences available, can be be seen in the light of various traditional theories as to the purpose of a sentence

40
Q

What are the different sentencing theories?

A

Retribution, deterrence, prevention and rehabilitation

41
Q

What does the criminal justice act 2003, s 142 require?

A

Judges and magistrates dealing with an offender in respect of his or her offence to have regard to certain purposes of sentences

42
Q

What are the purposes of sentencing?

A

punishment of offenders, reduction of crime, reform/rehabilitation of offenders, protection of the public, making of reparation by offenders to persons affected by their offences

43
Q

What is retribution?

A

Based on the idea of revenge. Can be seen in tabloid press demanding extreme sentences for notorious offenders that have come to public eye. In some ways, all punishment has this effect. One aspect of the view that a person who commits a serious crime such as murder should be executed, though Desmond Tutu said ‘to take a life when a life has been lost is revenge, its not justice’

44
Q

What is deterrence?

A

Can be an individual deterrent where the sentence is designed to make the offender not want to re offend eg in 1990s young offenders were shown round an adult prison by serving prisoners, resulted in lower than average re-conviction rate. General deterrence is where the prospect of potential punishment dissuades people from offending

45
Q

What is prevention of crime?

A

Works to protect the public by, eg, putting offenders in prison so they can’t reoffend at that tome. Can be said that all punishments aim to prevent crime by demonstrating bad effects of conviction, though can be argued that criminal conviction tends to lead to other convictions

46
Q

What is rehabilitation?

A

Offering offenders help to overcome problems they face, attempting to made it easier to avoid future offending. Can also be seen as ‘curing’ offenders. Much of it is concerned with providing them skills to cope with life and can be reflected in methods such as attendance in anger management course or driver retraining

47
Q

Wha are the different classifications of sentences available?

A

Custodial (imprisonment), community, financial, discharge and other (eg driving ban)

48
Q

What should the sentence imposed on an offender reflect?

A

Their crime and be proportionate to the seriousness of the offence

49
Q

What are custodial sentences?

A

Most serious, reserved for most serious crimes and can be imposed if the offence is so serious that neither a fine alone nor a community sentence can be justified for the offence

50
Q

Who are custodial sentences imposed by?

A

Imposed by the courts and represents the maximum amount of time the offender will remain in prison

51
Q

What is the prison population in England and Wales?

A

Highest in Europe, despise the high level criteria, and it continues to rise

52
Q

What does it mean if a sentence is suspended?

A

The prison sentence will not take effect unless there is a subsequent offence within a given period

53
Q

What is the idea behind community sentences?

A

To combine punishment with changing the offender’s behaviour and making amends

54
Q

What are the range of options for community sentences?

A

Compulsory unpaid work to give back to community (working up to 300 hours), programmes such as anger management programmes to change their behaviour, curfew which can be monitored by a tag, exclusion from certain areas for up to two years also monitored by tag, residence requirement (have to love at specified place), drug treatment/testing, alcohol treatment for alcoholics, supervision eg probation services, and attendance as the court can direct offender to spend 12-36 hours at attendance centre to address their behaviours and redirect their leisure time

55
Q

What is a criminal fine?

A

A simple financial penalty imposed on the defendant. Iy can be fixed or be given subject to a statutory maximum for the offence. They are the most frequently imposed penalty, (magistrates can impose a maximum of £5000)

56
Q

What are compensation orders?

A

Some argue it is a financial penalty, though it is payable to the victim of the crime rather than the state, and is designed to repay eg damages caused to victim’s property

57
Q

What are the two different types of discharge?

A

Absolute and conditional discharge

58
Q

What is absolute discharge?

A

Where the court takes no further action against an offender, but the offender’s discharge will appear on their criminal record

59
Q

What is conditional discharge?

A

Where a defendant is convicted without sentence on condition that they don’t reoffend within a specified period of time, this can be between 6months to 2years, if another offence is committed during this time, the court can look at the old offence as well as the new one in deciding on the sentence to impose

60
Q

What happens once a defendant is found guilty?

A

Previous convictions are made available and it is likely that a pre-sentence report will be required for more serious offences

61
Q

Who prepares the pre sentence report?

A

The probation service, who are told how serious they consider the offence to be, and the purpose of the sentence. This may relate to any of the purposes of sentencing

62
Q

How do probation service officers compile pre sentence reports?

A

Interview defendant, usually at the probation office on different day from court hearing. Court will tell probation service when it wants the report and the defendant will either be remanded in custody or bailed

63
Q

What does a pre sentence report look at?

A

The reasons why the person committed the offence, their attitude to the offence and any victims, and any other factors that affect their blameworthiness, which are aggravating and mitigating factors. It also includes an assessment of the offenders risk of harm and re-conviction

64
Q

What factors stated in the sentencing guidelines are looked at when deciding a sentence?

A

Seriousness of offence (harm cause/intention/involvement), previous convictions, aggravating factors, mitigating factors, personal mitigation, plea (admitting guilt usually results in lesser sentence), totality (where they’re being sentenced for more than one offence) and the relevant law which includes the maximum sentence

65
Q

What are aggravating factors?

A

Factors that may suggest that a higher sentence is appropriate, such as targeting a particularly vulnerable victim, or a racial/discriminatory motivation

66
Q

What are mitigating factors?

A

Factors that may suggest that a lower sentence is appropriate, such as having been provoked and showing immediate remorse

67
Q

What is personal mitigation?

A

Factors relating to the offender, such as having had no previous history of offending

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