Lecture 12 Sentencing Flashcards
What is the purpose of sentencing?
A sentence is a punishment a judge or magistrate passes to someone who has been convicted of a crime.
- punishment of offenders
- reduction of crime (including its reduction by deterrence)
- reform and rehabilitation of offenders
- protection of the public
- reparation by offenders to persons affected by their offences
The role of the cps?
The role of the cps is to prosecute criminal cases, in partnership with the police and other investigators, advise on potential lines of inquiry.
The cps also determines appropriate charges or other outcomes, in accordance with the Code for Crown Prosecutors.
What is the Adversarial system of justice?
- Prosecution vs defence
- Burden on the prosecution
- Criminal cases: beyond reasonable doubt.
- Civil Cases: Balance of probabilities.
- Accused represented, or defend themselves.
- Prosecution driven by the CPS.
- Solicitors.
- Barristers
- Evidence in chief then cross contamination.
- Prosecution witnesses then defence.
What are the types of court?
- county court
- coroners court
- youth court
- magistrates court
- crown court
- high court
- court of appeal
- UK Supreme Court
What is youth court?
- part of the magistrates court
- deals with juveniles (10 years of age to 17)
- Presided over by 3 magistrates (worships)
- A juvenile has no right to elect to be tried at crown court, but there are circumstances when they will be dealt with at crown court.
What is magistrates court?
First port of call for every offence charged or summonsed.
Presided over by 3 magistrates (your worships)
Unpaid, not legally qualified and appointed for life
Sentencing powers are limited.
What are the outcomes at magistrates court?
Accused pleads guilty
Accused pleads not guilty
No plea entered
Right of election
What is crown court?
Has jurisdiction to hear cases tried on indictment
It also deals with people committed for sentences from magistrates court
It also hears appeals from the lower courts including youth court
Presided over by a circuit judge or sometimes a part time judge known as recorders
Classification of offences…
Summary only: Magistrates court
Most motoring offences, drunk and disorderly etc
Either way (indictable): Either magistrates or crown court Sexual assault, witness intimidation
Indictable only: crown court
Rape, murder, drug trafficking
