Lay People And Criminal Courts Flashcards
What does lay mean?
Someone with training and has no legal qualifications
What are the 2 types of lay people
Lay magistrates (Justice of peace)
Juries
How many magistrate are there in the UK and who are they appointed by?
18,000 appointed by lord chancellor
What age do you have to be to become a lay magistrate?
18-70 with no criminal convictions
How many people sit in a lay magistrate panel and what are they called?
3
Middle= presiding justice
Sides= wingers
How many days do they sit for per year?
Sit 13 days
Average sitting 26 half days
What is the role of lay magistrates in criminal court?
Listen to evidence carefully, the facts and the law process this to make their decisions
Lay magistrate can seek legal advice help on matter of law. Who announces the decision and which case?
Chairman
R V Bingham JJ ex
Which type of lay magistrates can help in youth courts
Specially trained/experiences that deal with youngsters
What do lay magistrates do in a crown court?
Sit with professional judges. 2 magistrates can outvote the judge
What is the power of lay magistrates?
Not but paid but can claim £500
Sentencing power including fines, community service and probation
Expected to act fair
R V Bingham JJ ex P Jowitt- chairman was biased
What is the role of jurries
Decide if defendant is guilty/not
How are juries notified and what age must they be?
Through letter and 18-75
Who was the age increased by to become a jury
criminal Justice and Courts act
When are you not eligible for Lay magistrate?
Being a
Police officer
Armed force
Disability
Lack of English
Serious record
Jurrors are selected what are the 2 types of selection?
Vetting= checking for criminal record
Challenges= Challange for cause eg knowing D
What courts do they jurrors attend?
Attend in triable either away offences and indictable offences if D pleads Not guilty
What is the S8 contempt of court act
Offence to disclose information before and after jury’s verdict
When 12 members are not able to agree, what does the judge let them have?
Majority verdict - 11:1 or 10:2
Advantages and disadvantages of lay magistrates?
Advantages:
-Public confidence in trials- PAUL V DPP
-Limited number of appeals against conviction
-Cost- claim £500per year
-Representative eg genders and ethnicity
Disadvantages:
-appeals against sentencing
-Bias towards police and prosecution shown in R V BINGHAM
-Influence by clerk- legal advice for mag
Advantages and disadvantages of jury
Advantages:
-general discussion- with jury. Judge has confidence in jury
-Judge equity- jury make their own decision without a given reason behind
R V Blythe (grew cannibis to help mother) R V Owen (revenge on son death)
Impartiality= selected random to remove bias
Disadvantages:
Media influence= news put D trial at risk, unfair
-secrecy unclear picture of verdict
R V young (used ouiji board)
-Civic duty- people might not want to take part
Criminal courts- what are the 3 classifications for courts
Summary- less serious
Triable either way- middle range
Indictable- serious harm
Where is each classification held in which court and give examples?
Summary- Mag court | assualt/battery
Triable- Pretrial at mag/ serious at crown | Theft/Murder
Indictable- Crown court | Murder/manslaughter
What is the jurisdiction of Magistrate Court?
Arrest + search warrant
Bail applications
Sending for trial at summary offence + some either way offences
What is the jurisdiction of Crown Court?
Indictable offence + some either way offence
Sentencing at Mag court but if they believe they deserve more it’s at crown court
Appeals from mag (convictions/sentencing)
How does a summary offence procedure work in a magistrate court?
Start: Charged by police or summoned by prosecutor CPS
Next: Bail/custody/public funding is ordered
Final: Pleads guilty letter sent through post. Not guilty tried in mag court
How do Triable either way procedures work for mag/crown court?
Starts at magistrate court
^ ^
Pleads G Pleads Not G
Mag decide Mode of trial
If they have Hearing. Decide if
Power to deal Case will be heard
With In mag/crown
^ ^ ^ ^
Yes No Yes D No
Mag Sent Choose Sent
Pass To Mag/CC To
Sentence CC CC for
Trial
How does an indictable procedure work for crown court?
Mag court
Bail + funding hearing
|
Crown court
Trial hearing
/ \
Guilty plea, / \ Not guilty
sentencing Plea. Jury
In CC. Trial at CC-
Identify key issues
Witness, documents
What does appeal mean?
Process which a party seeks to change judgement/order of a lower court
How does a Mag court appeal work?
Mag, QBD, Crown, Supreme Court
Starts at magistrate court. Can either be taken to Queens bench divisional where the defence/prosecution only if the case stated was of point of law but for crown court the defence will be rehearing the case against conviction/sentencing. If D believes the crown court has produced harsh results he will go to QBD on point of law. But if QBD believe results won’t effective enough they will go to Supreme Court with leave on point of law general public importance
How does an appeal for Crown court work?
Crown, Court of appeal, Supreme court
Trial on indictment at crown court. Defence can only appeal with leave for conviction/sentencing to the court of appeal. Prosecution can only appeal on point of law (Attonmy general reference) to the Court of appeal. The court of appeal has senior judges and they ask to make a law clear. If prosecution/defence do not agree they will go to Supreme Court on point of law of general public importance
What are the 2 limited circumstances when prosecution can appeal against decision
Judge being nobbled
New compelling evidence
What must prosecution show?
Show proof of guilty act + mind
Beyond reasonable doubt
If not aquittal
What are the 5 sentencing?
Deterrence
Rehabilitation
Retribution
Reparation
Public protection.
What is deterrence?
Discouraging people from committing a crime
What is Rehabilitation?
Reform of re education
What is retribution
Punish people from breaking a law
What is reparation?
Make some form of compensation for the harm
What is Public protection
Provide protection from wrongdoers
Powers of court? What act is this
Criminal justice act 2003
What are the 4 court sanctions?
Custodial- prison aged 21
Community service- curfews, probation aged 16
Discharge- conditional= person pays for compensation. Absolute discharge no penalty
Fines- CC no maximal fines
Mag court
L1= £200
L2= £500
L3= £1000
L5= UNLIMITED
What does S142 criminal justice act contain
Aggravating factors to make a person more guilty of a crime
What are some aggravating factors
Previous convictions
D on bail while committing
Racial/religious/disability hostility involved
Influence on Gang attack/drugs
What does mitigation factors mean?
Lower a sentence
What are examples of mitigation factors
Mental/physical illness
No previous convictions
Expressed remorse
Guilty plea
One of the mitigating factors are guilty plea. The sentence will be reduced what are these?
First opp= 1/3 sentence reduced
After trial set= 1/4 sentence reduced
After trial begin= 1/10 sentence reduced
Any later = NO REDUCTION
