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Legal System - Criminal Courts and Lay People Flashcards

1
Q

Which two courts hear criminal trials?

A

The Magistrates’ Court and the Crown Court

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2
Q

Summary Offences

A

-Less serious
-Always tried in the Magistrates’ Court
-e.g. minor driving offences , common assault

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3
Q

Triable Either way Offences

A

-Mid-range offence (varies in degree of cause of harm)
-Tried in either the Magistrates’ Court OR the Crown Court
-e.g. theft, ABH

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4
Q

Indictable Offences

A

-Most serious
-Tried in the Crown Court
-e.g. murder, manslaughter

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5
Q

Jurisdiction of the Magistrates’ Court

A

-trying all summary offences and most either way offences
-mode of trial proceedings for either way offences
-‘sending for trial’ hearings for indictable offences
-youth court when D is 10-17
-Issuing arrest or search warrants
-Deciding bail
-Limit of up to 1 year sentence for one offence

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6
Q

Structure of the Magistrates’ Court

A
  • Panel of 3 Magistrates (front)
    -Asssisted with the law by a legal advisor
    -Representation required- usually solicitors
    -Formal & open to public
    -Usher brings witnesses
    -D sits in the ‘doc’ (back)
    -Clerk deals with administrative side of court
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7
Q

Jurisdictions of the Crown Court

A

-trying indictable or some either way offences
-sentencing up to the max penalty
-offences tried in the Magistrates’ Court but passed to the Crown Court for a higher sentence
-appeals from the Magistrates’ Court against conviction or sentence

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8
Q

The Crown Court Structure

A

-all trials heard by judge or a jury of 12 lay people
-judge (front) directs jury on the law & deals with sentencing if D is found guilty
-jury listens to facts and evidence and decides on verdict
-representation is required- barristers/solicitors
-formal and open to public
-D sits in dock (back)
-Usher brings in witnesses and swears in jury
-clerk deals with administrative side of court

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9
Q

Bail

A

the right to remain at liberty until next appearance in court

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10
Q

Reasons for refusal of bail

A

-belief that D would fail to appear
-previously failed to appear
-likelt to commit further offences
-interfere with witnesses/ obstruct the court of justice

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11
Q

Factors to take into account

A

-no real prospect test
-nature & seriousness of offence
-previous convictions
-previous bail record
-community ties
-strength of evidence

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12
Q

Bail conditions

A

-surrendering passport
-residing at a bail hostel
-reporting to police stations at regular intervals
-curfew
-electronic tag

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13
Q

Pre-trial procedure for summary offences

A

-D will be asked if they plead guilty or not guilty
-if they plead guilty, the magistrates will sentence
-if they plead not guilty, a trial will take place and sentence passed if verdict is guilty

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14
Q

Pre-trial procedure for indictable offences

A

-Case transferred to the Crown Court - judge gives sentence
-Crime and Disorder Act 1998

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15
Q

Pre-trial procedure for triable either way offences

A

D will be asked whether they plead guilty or not guilty to the offence - ‘plea before venue’

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16
Q

If D pleads guilty in either way offences PTP

A

-Magistrates will hear facts an decide if their sentencing powers are sufficient
-if sufficient, will sentence
-if not, will send to Crown Court for sentencing

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17
Q

Aims of sentencing

A
  • Punishment
  • Reduction of Crime (Deterrance)
  • Reform and Rehabilitation
  • Protection of the Public
    -Reparation
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18
Q

Aggravating Factors

A

Factors that make the offence more serious and increase the sentence

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19
Q

Mitigating Factors

A

Factors that make the offence less serious and decrease the sentence

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20
Q

AF examples

A

-previous convictions for similar offences
-use of weapon
-offence committed while under the influence of drugs or alcohol

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21
Q

MF example

A

-pleading guilty at first opportunity reduces sentence by 1/3
-D is very young or old
-offence is D’s first

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22
Q

Types of sentences

A

-Custodial
-Community Orders
-Financial Sentences
-Discharges

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23
Q

Possible requirements for Community Orders

A

-Unpaid work
-Prohibited activity or exclusions requirements
-Rehabilitation activity requirement
-Curfews or residence requirements

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23
Q

Types of Custodial Sentences

A
  • Suspended prison sentences
  • Fixed term sentences
  • Life Sentences
24
Fine
Sum of money paid to the state
25
Compensation Order
Sum of money paid to the victim
26
Punishment
-Retribution for wrongdoing, society's revenge for the offence. The punishment should fit the crime. -Based on proportionality, contains an element of denunciation -Most sentences fulfill this aim
27
Reduction of a Crime (Deterrance)
-Individual deterrance: aims to put a particular offender off of reoffending by either a severe sentence or threat of imprisonment -General deterrance: puts society off committing crimes by exemplary sentences or minimum sentences. Not concerned with fairness
28
Reform and Rehabilitation
-Forward looking aim- trying to reform the offender to stop them reoffending -focused on the long term, looking at potential of the offender to reform -Reformation is a particularly important aim in sentencing young offenders
29
Protection of the Public
-preventing the offender from reoffending -protects public from dangerous or violent offenders -achieved by incapacitating thr offender
30
Reparation
-compensating the victim of the crime, usually by ordering offender to pay a sum of money to victim or making amends -can also include reparation to society as a whole, e.g. community orders
31
Suspended Prison Sentences
-offender is given a custodial sentence of up to 2 years
32
Advantages of Juries
-ensures public confidence -jury equity -secrecy in the jury room -impartiality
33
Disadvantages of Juries
-perverse decisions -secrecy -lack of understanding -media influence
34
Ensures public confidence (A): POINT
regarded as fundamental indicators of a democratic system
35
Ensures public confidence (A): EVIDENCE
-'a safeguard against oppression and dictatorship' (lord Judge) -Lord Devlin describes juries as 'the lamp that shows that freedom lives'
36
Ensures public confidence (A): COUNTERPOINT
lack of understanding, no legal qualifications, research shows doubts about 5% of jury convictions
37
Jury Equity (A): POINT
-can disagree with a particular law and apply their own idea of fairness to the trial, no reasons needed
38
Jury Equity (A): EVIDENCE
Ponting's Case 1984 -civil servant leaked info after signing Official Secrets Act -jury refused to convict him, even with no defence -decision cannot be challenged
39
Jury Equity (A): COUNTERPOINT
Perverse Decisions -decisions do not always appear justified -Kronlid 1996 -'lawful to commit a crime to prevent another one' goes against law -perverse verdicts
40
Secrecy of the jury room (A): POINT
jury is free from pressure in its discussion and can ignore the strict letter of the law
41
Secrecy of the jury room (A): EVIDENCE
-Bushell's Case 1670 -refused to convict Quaker activists, fined and imprisoned -appealed and were released -Judge must not challenge jury's decision (jury independence)
42
Secrecy of the jury room (A): COUNTERPOINT
Secrecy means there is no way of knowing how the decision was reached or whether the case was understood. -Mirza 2004 -racial prejudice and bias in decision -ruled that it could not inquire into discussions in the jury room
43
Impartiality (A): POINT
juries are not connected with anyone involved in the case, reduces bias decisions
44
Impartiality (A): EVIDENCE
Research Evidence -sit for 2 weeks, then disbanded, so are not case-hardened -random selection from electoral register should result in cross-section of society -prejudices are cancelled out
45
Impartiality (A): COUNTERPOINT
In some cases, there will be bias -Sander 2000 -jurors had been making openly racist jokes -judge should have discharged the jury, there was an obvious risk of racial bias bnnnnnnnnn
46
Perverse Decisions (D): POINT
Jury is able to ignore laws they feel are unjust, which creates uncertainty -often decisions do not appear justified even when the case is clear-cut
47
Perverse Decisions (D): EVIDENCE
Kronlid 1996 -jury acquitted them - 'lawful to commit a crime to prevent another one' -perverse verdicts
48
Perverse Decisions (D): COUNTERPOINT
Jury can apply their own idea of fairness -not all laws are completely fair and cases are sometimes more complex than right or wrong
49
Secrecy (D): POINT
-does not need to give a reason for the decision reached -difficult for D to appeal -no way of knowing how decision was reached and whether case was understood
50
Secrecy (D): EVIDENCE
Mirza 2004 -racial prejudice and bias in decision -ruled that it could not inquire into discussions in the jury room
51
Secrecy (D): COUNTERPOINT
Jury is free from pressure -Bushell's Case 1670 -ruled that the Judge must not challenge the Jury's decision- jury independence
52
Media Influence (D): POINT
difficult dfor juries to remain independent and free from influence, especially in high profile cases
53
Media Influence (D): EVIDENCE
Taylor Sisters -charged with murder based on newspaper article publishing images from a video, giving a false impression -quashed the convictions- pictures could have influenced the jury's verdict
54
Media Influence (D): COUNTERPOINT
Ensures public confidence -fundamental indicators of a democratic system, ordinary people in the legal system shows a representative
55
Lack of Understanding (D): POINT
-lack legal qualifications -no minimal educational standards required
56
Lack of Understanding (D): EVIDENCE
Thomas Report 2010 -only 31% of jurors fully understood directions from the Judge -Younger jurors understood better than older jurors
57
Lack of Understanding (D): COUNTERPOINT
open system of justice -helps citizens feel empowered as ordinary people are allowed to take part in the administration of justice

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