Legal system- criminal courts and lay people Flashcards
Paper 1
What is a first instance court
Courts which hear the cases for the first time trial court
Appellate court
Court which hears appeals. An appeal is a review of the trial/ first instance court
Prosecution
The party bringing the criminal case. In criminal cases the crown prosecution service brings the case on behalf of crown/state
Defendant
The party who is being prosecuted for a criminal defence
Offence
Another word for crime
Burden of proof
In a criminal case the prosecution must prove beyond reasonable doubt that D is guilty of offence
Standard of proof
Level of proof required for D to be convicted of offence is “beyond all reasonable doubt”
Presumption of innocence
In English law there is a presumption that the defendant is innocent until proven guilty
Lay person
A lay person is someone who hasnt trained in law. They don’t have legal qualifications. Magistrates and jurors are examples of lay people
Custodial sentence
One which takes away the Ds freedom. Sending someone to prison , can be served immediately or suspended
Examples of summary offences
Tv without a license
Shoplifting under £200
Urinating in public
Attempted crimes
Selling Alcahol to under 18s
Common assault
Examples of TEW
Speeding
Criminal damage under £5000
Robbery over £200
Examples of indictable offences
gbh with intent
Acts of terrorism
Burglary
abh
Murder
Kidnapping
Rape
Arson
Trail court for summary offences
Magistrates
Level of severity for summary
Least serious
Maximum sentencing powers for summary offences
Up to 6months prison or £500 fine
Trial court of indictable
Crown court
Level of severity of indictable
Most serious
Maximum sentencing powers for indictable
Unlimited powers
Trial court for TEW
Cann be in either magistrates or crown court fallowing a plea before venture and a mode of trial hearing
Pre trial procedure for summary
If CPS thought there was enough evidence and in public interest , would attend a first hearing in m court for pre trial matters (like plea)
Give their plea. If say guilty could sentence immediately or adjourn to later date . If N G adjourned to later date. Decide on granting legal aid
TEW pre trail procedure
In m court. D attends first hearing, duty solicitor will often represent D at first hearing. Will enter their plea before venue . Plea guilty= sentence immediately or adjourn to later hearing in m court. D plead NG= m will hold mode of trial hearing and decide if they have jurisdiction to hear trial.
If mags accept powe the D is given the voice of trial venue. Consider bail and legal aid
Mode of trial hearing
Decidez where the trial should he held- magistrates or crown
Plea before venue
Say if pleading guilty or not guilty at the start
Jurisdiction
Power
Choice of trial venue
Defendant is given choice of magistrates or crown court
Indictable pre trial procedure
Magistrates will hear them enter plea at first hearing. Will consider bail and legal aid. Then transfer case to frown court for plea and trial preparation hearing (CRIME AND DISORDER ACT 1998)
Quashing a conviction
Getting rid of it
Confirming a decision
Upholding it
Automatic right to appeal
A defendant’s guaranteed right to challenge a conviction or sentence in a higher court
Defendance Appeal from magistrate
Automatic right of appeal to crown (panel of 2 magistrates with crown court/circuit judge )
p and D appeal from magistrate
On a point of law. A case stated appeal. To kings bench division of high court. Appealing because think that the law is not correctly applied. Can make further appeal to UKSC if of national importance
Defendant Appeals from crown court
D who’s case was tried in crown court can ask for leave to appeal (permission)
Goes to CoA. No automatic right of appeal,must seek leave and mist have good reason.
Prosecution appeal from crown court
In court of appeal, if believe the jury was nobbled with and retrial can be orderedn also if there’s new/compelling evidence (double jeopardy rule abolished in 2003)
Prosecution and defence appeal from crown
If on a point of law or public importance
How many aims off sentencing are there
Six
What are the aims of sentencing
Retribution
Incapacitation
Rehabilitation
Deterrence
Desperation
Denunciation
Cases for sentencing
S142 of the criminal justice act 2003
Updated by the sentencing act 2020
Explanation of Punishment
Defendant deserves it for bad crime
Contains revenge
Just deserts -gets what is just.
Sentence which would achieve punishment
Life sentence/long prison sentence/death
Quote for punishment
An eye for an eye
What are the 2 types of deterrence
Réduction or crime, individual and general
Reduction of crime deterrance explanation
Deter offender from reoffending, prison hangs over D to stop them from commuting crime, making think twice. Can be unfair or unjust
Individual and general deterrance
Courts make an example out of someone to warn others to send a message to others relying on publicity
Examples of deterrence
Suspended sentence
Heavy fine
Long prison sentence
Rehabilitation and reform
Seeking to alter the offenders behaviours. About reformation to help prisoners and empathetic addressing needs of offender
Sentences which would achieve rehab and reform
Educational and counselling services
Anger management
Drug treatment and Alcahol special units
Réparation
Compensating the victim and making amends
Sentences which would achieve réparation
Financial compensation
Unpaid community work
Restorative justice
Case example for reparation
S130 criminal courts act 2000
Protection of the public
For violent offenders and dangerous individuals
Protects us /the public
Sentences which would achieve protection of the public
Custodial sentences
Admitting to Mental health hospitals
Act for protection of the public
LASPO act 2012
Factors in sentencing
The offence
The sentencing guidelines
The offenders background
Aggravating factor
Making things worse adding to sentence
Mitigating factor
Making things better lessening sentence
Criminal justice act 2003
Sets out what a judge will consider when deciding how serious the offence is
5 Aggravating factors
Previous convictions for similar offences
Offences commited whilst on bail -this breaks trust
Involving racist or religious hostility or disability or secuality(or any protected characteristic)
Age
Vulnerability of victim before death
5 Mitigating factors
Pleading guilty
Mental or physical illness
Minor role in crime
Difficult personal circumstances
Lack of or no criminal record
Remorse
Didn’t I tend to kill only cause CGH, self defence
Four main types of sentences for adult offenders
Custodial
Community orders
Fines
Discharges, warnings and other types of sentences e.g. for driving offences
Custodial sentence for adult offenders
Is only given if the offence is so serious neither a fine nor community order can be justified because it deprived someone of their liberty and livelihood, mist give their reason as to why and make a special record of it.
5 main types of custodial sentences fir adult offenders
Mandatory life sentence
Discretionary life sentence
Fixed term sentence
Home detention curfews
Extended sentences
Mandatory life sentence
Only sentence available for a person 18+ who’s commited a murder, this doesn’t actually mean their whole life. Judge would set a minimum term they must serve before release. Range from full life down to 12 years. Once the starting point is decided, mitigating and aggravating factors will be considered
Cases that have a starting point of 30 years
Killing a policeman or prison officer, or sadistic, sexual, racially motivated or crimes invlolving explosives.
Whole life sentences
People who commited more than one murder, a further murder after having already served a prison sentence, crimes having a sadistic or sexual element, abduction and murder of a child,murder to progress a religous, political causes
Discretionary life sentence
Judge can choose to give a lift sentence but they don’t have to
Discretionary life sentence examples
Robbery, rape S18, wounding kr causing GBH with intention or manslaughter
Fixed term sentence
Used for crimes other than murder
Judge set amount of time that D must spend in prison. Prisoners don’t serve their whole sentence. Remainder is served in licence in the community (only to adults over 21)
Suspended sentence
Sentence is not served immediately provided that the offender does not re offend in that time
Community orders
Criminal justice act 2003 created one single community order. A mix and match system where the court can decide which requirements are necessary. Can be used for offenders 16+
Requirements for community orders
Unpaid work,
Prohibited activity,curfew,exclusion, supervision, etc
Unpaid work requirement
Offender can be ordered to do between 40-300 hours of unpaid work on a project.
Examples:
Painting school buildings, clearing parks . Supervised by the probation service . Normally in 8 hour blocks
Prohibited Activity
To prevent re offending.
E.g someone convicted of grafitti will be banned from carrying paint. You could be banned from going to certain areas.
Curfew requirement
Offender has to stay at an address from 2-16 hours within a 24 HR period. Monitored and enforced - ankle tags
Exclusion requirement
Bans offenders from going to certain places
E.g a shoplifter banned from shop
Supervision requirement
Under the supervision of a probation officer from up to 3 yrs
Fines in magistrates court
Fines up to £5,000 for an individual and up to £20,000 for a business can be issued and often used by court.
LASPO 2012
Fines in crown court
No maximum find but rarely used
Conditional discharges
Court will dismiss the offender on the condition that no further offence is commited within 3 years. Usually in mag court if no previous record.
Absolute discharge
No penalty is given
Magistrates qualification
- Basic Requirements
Age: 18–65 (can serve until 70)No formal legal qualifications required
Mut be of good character and integrity
Must be able to commit to at least 13 full days per year - Six Key Qualities (Set by the Lord Chancellor)
- Good character – No serious criminal convictions, trustworthy
- Understanding and communication – Ability to listen and explain decisions
- Social awareness – Understanding of the local community and different backgrounds
- Maturity and sound temperament – Ability to remain calm and impartial
- Sound judgment – Ability to think logically and make fair decisions
- Commitment and reliability – Willingness to undertake training and attend court regularly
- Disqualifications
Serious criminal convictions
Undischarged bankrupts
Certain professions (e.g., police officers, prison officers, traffic wardens, armed forces members, MPs, etc.)
Close relatives working in the legal system (to avoid bias) - Selection & Appointment
Applications are made to the Local Advisory Committee
Must complete an interview process:
First interview: Assesses key qualities
Second interview: Tests judicial aptitude using case studies
Appointed by the Lord Chief Justice on behalf of the King
Magistrates selection
✔ Apply to Local Advisory Committee (LAC)
✔ Two Interviews:
1st: Assesses six key qualities
2nd: Tests judicial aptitude with case studies
✔ Appointed by Lord Chief Justice (on behalf of the King)
✔ Sworn in at Crown Court
✔ Training by Judicial College (initial, mentoring, ongoing)
Magistrates appointment
Recommended by Local Advisory Committee (LAC)
Appointed by Lord Chief Justice (on behalf of the King)
Sworn in at Crown Court
Assigned to a local bench
Undergo training by Judicial College
Role of magistrates
Usually sit as a panel of 2-3 in magistrates court. Can have a number of different roles/functions. Deal with matters for the police, pre trial procedure, hear trials of all summary+some TEW offences, hear evidence and decided verdict and sentence, can hear appeals from magistrates court.
Role of magistrates for police matters
Issuing warrants, extending custody time, bail hearings, early hearings, summary offences sending cases to crown court
Role of magistrates for pre trail matters
✔ Early Administrative Hearings – Handle first appearances and check legal representation.
✔ Bail Decisions – Grant or refuse bail under the Bail Act 1976.
✔ Legal Aid Consideration – Decide if the defendant qualifies for legal aid.
✔ Case Management – Ensure efficient progress, including evidence disclosure.
✔ Mode of Trial Hearing – Decide if triable either way cases stay in Magistrates’ Court or go to Crown Court.
✔ Sending Indictable Cases to Crown Court – Transfer serious offences for trial.
Rome of magistrates for summary offences and some TEW
✔ Hearing Evidence – Listen to prosecution and defense arguments.
✔ Deciding Verdict – Decide guilt or innocence (no jury in Magistrates’ Court).
✔ Sentencing – If guilty, impose sentences (max 6 months per offence, 12 months for multiple).
✔ Pre-Sentence Reports – Consider probation reports for appropriate sentencing.
✔ TEW Offences – Decide if they have enough sentencing power or if the case should go to Crown Court.
Role of magistrates for appeals from the magistrates court
✔ Appeals to Crown Court
Magistrates do not hear the appeal
Reheard by Crown Court judge and two magistrates
Can confirm, change, or overturn the decision
✔ Case Stated Appeals to High Court
Refers to High Court (King’s Bench Division) for legal errors
High Court can confirm, change, or send back to Magistrates’ Court
✔ No Role in Appeals to the Supreme Court
Spreme Court hears cases of public importance
Role of the legal advisor (clerk )
✔ Provide Legal Guidance – Advise magistrates on points of law, procedures, and sentencing options.
✔ Ensure Fairness – Ensure legal procedures are followed and that the trial is fair.
✔ Explain the Law – Clarify the law to magistrates, including statutory duties and powers.
✔ Draft Sentences – Assist in drafting sentences but do not make decisions on guilt or innocence.
✔ Guide on Precedent – Offer advice on case law and past decisions to help magistrates make informed decisions.
The legal advisor supports magistrates but does not participate in decision-making.
Role of lay magistrates in youth court
✔ Hear Cases Involving Under-18s – Magistrates hear criminal cases involving young offenders (aged 10-17).
✔ Work with a Legal Advisor – Lay magistrates are assisted by a legal advisor for legal guidance.
✔ Panel of 3 – Youth Court cases are usually heard by a panel of three magistrates (with at least one of them being a female if the defendant is a girl).
✔ Decide Guilt or Innocence – Magistrates determine whether the young person is guilty or not guilty based on evidence presented.
✔ Sentencing – If guilty, lay magistrates can impose sentences, such as community orders, detention and training orders, or fines, within the youth court’s powers.
✔ Consideration of Welfare – Focus on the welfare of the young offender, considering rehabilitation over punishment.
Lay magistrates in youth courts handle cases with a focus on rehabilitation, and their decisions aim to help the young person reintegrate into society.
Qualification of jurors
Aged between 18-75
Name on electoral Register
Loved in UK for 5 years since the age of 13
Permanent Disqualification of jurors
Sentenced to more than 5 years in custody/detention
Temporary disqualified from jury duty
Sentence of under 5 yrs in custody, any community sentence or suspended sentence, temporarily disqualified for 10 years
Who’s ineligible to juror duty
People due to I’ll health/ infirmity. People in secure hospitals, who cannot manage their own money and affairs, due to lack of capacity or mh.
Who can ask for an excuse for juror duty
People who have a pre booked holiday, are unwell, have medical treatment, young children or other business reasons . Over 65year old have an automatic right to ask for excusal .
How are jurors selected
Randomly by central jury summoning bureau by a computer from the electoral role. Can get £1,000 fine for not attending
How jurors are selected in court
In the waiting area 15 jurors names are randomly selected to go into court and the first 12 of 15 are randomly selected to hear the trial using name cards. Then they’re sworn in and go to jury area.
Challenge to the array
Prosecution and Defence have a fight to challenge the whole jury if they believe it wasn’t done correctly.
Romford Essex case
R V ford
Stand by for the crown
When the names of 12 jurors are selected to go to their seats in court
Vetting in jury
Background checks. Can take place in cases of national security and terrorism, need special permission by the attorney general.
In case of mason
Role of jurors
Lay people, randomly selected 12 Pele.
Sit in court injury box/area
Hear indicatable and TEW offences
Decide if D is G or NG - the verdict
Go to jury deliveration room to reach decision. Have to discuss to decide verdict by majority
(10/2) Or (11/3)
Given 2 hours for unanimous decision
Criminal offence to discuss outside jury room
Jury nobbling and jury independence
Spokesperson of jury needs decision out
Jury nobbling
✔ Definition: Attempting to influence, intimidate, or bribe jurors to alter their verdict.
✔ Illegal: A serious criminal offence under the Criminal Justice Act 2003.
✔ Penalties: Can result in imprisonment or significant fines for those involved.
✔ Preventive Measures: Courts take steps to protect jurors and ensure a fair trial.
Advantages of juries using lay people in criminal cases
Public confidence
Representative nature of a jury/cross section of society
Jury equity/fairness
Public participation/open system of justice
Secrecy of the jury room
Public confidence
Legitimacy: Ensures acceptance of verdicts.
Impartiality: Builds trust in unbiased decision-making.
Diverse Representation: Reflects community values.
Encourages Participation: Increases willingness to serve on juries.
Accountability: Provides a check on legal authority.
Representative nature of a jury/cross section of society
Representative Nature of Juries
A jury’s diverse composition ensures fairer, more balanced verdicts by reflecting a cross-section of society, promoting inclusivity and reducing bias.
Advantage of Jury equity/fairness
Jury equity allows jurors to use their sense of fairness and conscience to deliver a verdict, ensuring decisions are based on justice and not just the letter of the law. This can lead to more humane and flexible outcomes.
Advantage of public participation/open system of justice
Public participation in trials, through juries, ensures transparency, accountability, and trust in the legal system. It allows the community to be directly involved in justice, promoting fairness and preventing abuse of power.
Advantage of secrecy of the jury room
Secrecy ensures that jurors can discuss the case openly without fear of external influence or pressure. It allows them to deliberate freely and make impartial decisions based only on the evidence presented, protecting the integrity of the verdict.
Advantage of random selection and impartiality
Random selection ensures that juries are representative of the community, promoting fairness. It reduces bias by selecting jurors without influence, helping to ensure impartiality in the decision-making process, which upholds the integrity of the trial.
