LAW P1 ELS (Criminal courts and lay people) Flashcards
What is the criminal court system designed for?
The criminal courts system is designed to uphold laws which forbid certain types of behaviour.
Carrying out those behaviours risks punishment, which creates a civilised society.
What are the two criminal courts of first instance?
- The magistrates courts
- The crown court
What is the criminal process?
- Being charged with a crime: bail and remand
- Trial in the magistrates court and/or crown court
- The crown prosecution service
What is bail?
- There is a rebuttable presumption that bail should be granted under s.4 of the bail act 1976
- After being arrested a suspect can be released on bail at the police station after being charged with an offence
- Bail can be issued by the police or any court before which the defendant appears, usually either the magistrates court or crown court
What is remand?
If bail is refused, for example, the person is charged with a serious crime, then the accused person will go to prison until their first hearing at a magistrates court
What is the crown prosecution service?
The CPS is responsible for prosecuting most criminal cases in England and Wales.
It decides which cases are to be prosecuted, determines the most appropriate offences with which to charge the defendant, prepares cases and presents them in court
What is the 2 part test that must be satisfied for the CPS to prosecute?
- The evidential burden test: there must be sufficient evidence to prosecute
- The public interest stage test: the prosecution must be in the public interest
What are some factors which influence the CPS’s decision to prosecute?
- A premeditated decision to commit a crime
- Use of a weapon
- The defendant was in a position of authority or trust
- Vulnerability of the victim
- The defendant has previous connections
What are the 3 different types of offences?
- Summary offence: Magistrates court: non fatals, driving offences
- Either-way offence: magistrates or crown court, theft, ABH
- Indictable offence: Crown court, murder, rape, robbery
What are lay people?
Lay people are ‘legally unqualified’ persons in the criminal justice system who play an important role in the decision making process.
What are the different types of lay people in the criminal justice system?
- Magistrates – part time, unsalaried judges who decide guilt and sentence offenders
- Juries – drawn from the electorate, they decide the guilt of offenders in the crown court
What are magistrates?
- Hear summary and either-way offences
- Decide guilt or innocence
Pass sentences (max 12 months) - Grant or refuse bail
- Hear youth court and family court matters
- No legal qualifications required
- Aged 18-65, retire at 70
- Recruited and selected by local advisory committees
- Must do training (judicial college)
What are the advantages of magistrates?
- Cost effective (unpaid)
- Brings community values
- Reflects local justice
- Diverse backgrounds
What are the disadvantages of magistrates?
- May rely too heavily on legal adviser
- Inconsistency in sentencing
- Not legally trained
What are jurors?
- Hear indictable and some either-way offences
- Decide facts only (guilt or innocence)
- Verdict must be unanimous, or at least 10-2 majority
- Aged 18-75
- On the electoral register
- Resident in UK for 5+ years
- Cant have had serious criminal convictions, on bail, mental disorder
What are the advantages of jurors?
- Neutrality – the jury must stay neutral and cannot show any signs of prejudice
- Public confidence is installed due to the traditional idea of being judges by ordinary members of society rather than professional judges
- Protects against state abuse
What are the disadvantages of jurors?
- May not understand complex cases
- Can be swayed by emotion
- Lack of reasoning
- Juror misconduct
