- least serious, minor sentences - always tried in magistrates court - includes nearly all driving offences, unless someone was killed - includes common assault, criminal damage (less than £5000), shoplifting (value of goods less than £200)

legal systems: criminal courts and sentencing, part a Flashcards by ruby maziak

what court will hear the case? (4)

all criminal cases start in the magistrates court
depending on the seriousness of the case and whether it is in the magistrates jurisdiction, the case may be tried in the crown court
magistrates can sentence up to 6 months for two offences
crown court: judges have no limit for sentencing

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summary offences (4)

least serious, minor sentences
always tried in magistrates court
includes nearly all driving offences, unless someone was killed
includes common assault, criminal damage (less than £5000), shoplifting (value of goods less than £200)

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triable either-way offences (5)

either magistrates or crown court
includes theft (£200+), assault, sec 47, robbery with no threat to life
if guilty, then sentence
if not guilty, the defendant has the right to ask to be tried at crown court
magistrate can decide if this case is too serious, to send to the crown court

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indictable offences (4)

tried in crown court
most serious offences: muder, manslaughter, rape, sec 18, robbery
starts in magistrate (preliminary hearing) then transferred
guilty plea = judge sentence

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pre-trial procedure: summary offences (4)

under the ‘better case management scheme’ the aim is to complete the case at the earliest possible hearing
if he pleads guilty, already legally represented or does not want legal representation, the magistrates will go ahead with the case and where possible decide the sentence
many driving offences can be dealt with at the first hearing through a procedure where the defendant can plea guilty
if not guilty: magisrates must at the first hearing discover the issues involved in the case, so it can proceed as quickly as possible

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triable either way offences, 5 steps

defendant is asked if he pleads guilty or not guilty
if guilty: defendant has no right for case to be heard at crown court, however, magistrates can send it there for sentence
if not guilty: then the magistrate must carry out ‘mode of trial’ proceedings, to decide if the case will be heard at the magistrate or crown court
if the case is suitable for trial in the magistrates court, courts act, have to consider seriousness of case
cases involving complex questions of facts or law should be sent to the crown court

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defendants election (3)

if the magistrates are prepared to accept jurisdiction then the defendant is told he has the right to choose trial by the jury, but may be tried by the magistrates if he chooses
warned: if tried by magistrates and found guilty, they can send him to the crown court for sentence if their powers are insufficient
if defendant elects crown court: all pretrial matters will be dealt with here

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appeals and appellate courts (5)

appeals can take place from either the magistrates court or crown court
there is a specific process to follow
there are specific reasons when you can appeal
there are separate rules for prosecution and defence
thew routes of appeal from the magistrates court are completely different to that from the crown court

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C v DPP point of law

a child of this age could only be convicted if the prosecution proved that the child knew he was doing wrong

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appeals from the crown court (2)

rights of appeal for both the defendant and prosecution
against the decision of a judge

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appeals by the defendant (3)

leave to appeal
must get leave from the court of appeal
considered by single judge of the Court of Appeal in private (if he refuses defence can then appeal to a full court of appeal for leave)

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grounds for appeal - criminal appeal act 1995 (a+b)

(a) shall allow an appeal against conviction if they think that the conviction is unsafe
(b) shall dismiss such an appeal in any other case

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new evidence for grounds of appeal

any new evidence which the appeal wants to produce at the appeal must appear to be capable of belief and would afford a ground of appeal

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court of appeals powers (5)

if unsafe, they can allow appeal and quash the conviction
vary the conviction: lesser offence
if conviction safe, the appeal dismissed
order of retrial, in front of new judge
if appeal against sentence, court can decrease the sentence but cannot increase it on the defendants appeal

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appeals by the prosecution: originally

prosecution had no right to appeal against either the verdict or sentence

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appeals by the prosecution: gradually

some limited rights of appeal have been given by parliament

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appeals by the prosecution: against a judges ruling (2)

if the trial judge gives a ruling on a point of la which effectively stops the case against the defendant, the prosecution now has the right to appeal against the hearing
criminal justice act 2003: makes sure that an error of law by the judge does not lead to an acquittal (jury coming back and saying they aren’t guilty)

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appeals by the prosecution: against acquittal (3)

2 limited situations in which the prosecution can appeal against acquittal by a jury:
1. acquittal the result of the jury being ‘nobbled’. criminal procedure and investigations act 1996 allows the prosecution to appeal
2. where there is new and compelling evidence of the acquitted persons guilt and it is in the public interest for the defendant to be retried - double jeopardy rule
- criminal justice act 2003: only available for 30 series offences: murder, manslaughter, rape and terroism offences

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appeals by the prosecution: referring a point of law (2)

where a judge may have made an error in explaining the law to the jury
- sec 26 criminal justice act 1972 allows the attorney general to refer the point of law to the court of appeal in order to get a ruling on the law

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appeals by the prosecution: against a sentence

sec 36 criminal justice act 1988: the attorney general can apply for leave to refer an unduly lenient sentence to the court of appeal for a resistance

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further appeals to the supreme court (3)

both the prosecution and the defence may Appel from the court of appeal to the supreme court
must have to leave to appeal from either court
only a few criminal appeals to the supreme court each year

aims of sentencing: section 142 criminal justice act 2003

sets out the purposes of sentencing (5) for those aged 18 or over, saying a court must have regard for:
1. the punishment of offenders
2. reduction in crime, including its reduction in deterrence
3. reform and rehabilitation of offenders
4. protection of the public
5. the making of reparation by offenders to persons affected by their offences

retribution

the idea of punishment

tariff sentencing

each defence should be given a certain tariff or level of sentencing. judges use the sentencing council procedures guidelines for all main categories of offence

aims of sentencing: deterrence (3)

- giving a punishment aimed at putting off the defendant from reoffending because of a fear of punishment or preventing other potential offenders from committing similar crimes - eg. prison - about 70% of young offenders given a prison sentence reoffended in 2 years

aims of sentencing: reform/rehabilitation (2)

- trying to alter the offenders behaviour so that he will conform to community norms and not offend in the future - forward-looking aim

aims of sentencing: protection from the public (4)

- criminal justice act 2003: introduced a provision for serious offences that where the court is of the opinion that there is a significant risk to the public, so the court must send the defendant to prison - life imprisonment or a long term of imprisonment is given to those who commit murder or other serious or violent sexual offences - eg. curfew - legal aid sentencing and punishment of offenders act 2012: offender required to serve a custodial sentence and extended period on licence

aims of sentencing: reparation (3)

- where an offender compensates the victim or society for the offending behaviour - unpaid work: on a community project under the supervision of a probation officer - making reparations to society as a whole

aims of sentencing: denunciation (3)

- expressing societies disapproval of an offenders behaviour - sentence should indicate both to the offender and to the other people that society condemns certain types of behaviour - eg. drink driving: viewed by the majority as unacceptable

when deciding what sentence to pass on a defendant the courts consider the following matters: (3)

1. the offence 2. sentence guidelines 3. the offenders background

aggravating factor

an action or something that makes the offence more serious

sec 143(1) criminal justice act 2003, factors considered aggravating (

offenders culpability (blame) in committing the offence and any harm which the offence caused or was intended to cause or might reasonably foreseeably have caused

other factors deemed aggravating for specific offences include: (6)

- assault - the offender being apart of a group attacking a victim - a particularly vulnerable victim - a victim serving the public eg. nurse, police officer - the fact the assault was premeditated - when there is an aggravating factor

mitigating

allows the court to give a lighter sentence

examples of mitigating factors (5)

- cooperates with the police - first offence - mental illness of defendant - evidence of remorse - pleads guilty

proportionate reduction for a guilty plea: first reasonable opportunity

1/3 off sentence

proportionate reduction for a guilty plea: after trial set

1/4 off sentence

proportionate reduction for a guilty plea:door of court of after trial has begun

1/10 off trial

pre-sentence report (3)

- probation service will prepare a report before sentence - if the defendant is ill, may also ask for a medical report - reports will be considered with there factors in deciding what sentence to impose on the defendant

types of sentencing available for adult offenders: mandatory life (3)

- for murder, only sentence a judge can impost is a life sentence - starting point ranges from a full life term down to 12 years, depending on the facts - the judge will set a tariff, give a minimum recommendation

types of sentencing available for adult offenders: discretionary life (2)

- for serious offences, eg. sec 18 of oapa 1861, max sentence is life - judge does not have to impose it

types of sentencing available for adult offenders: fixed term sentence (3)

- for other crimes, the length of a sentence will depend on several factors - prisoners do not always serve the whole sentence - the maximum sentence available for a particular crime

types of sentencing available for adult offenders: suspended prison sentence (3)

- an adult offender may be given a suspended prison sentence up to 2 years (6 months max in magistrates court) - the sentence does not take affect immediately - if during this time the offender does not commit further offences the prison sentence will not be served

examples of orders: part 1

unpaid work, between 40 and 300 hours

examples of orders: part 2

prohibited activity requirement: wide variety of activities can be prohibited. eg. visit certain area, 'banned' from wearing hoodies, carrying certain things eg. paint

examples of orders: part 3

programme requirements, eg. anger management course

examples of orders: part 5

curfew requirement, remain at fixed address for 2-16 hours in 24 hours, can last up to 6 months

examples of orders: part 8

foreign travel restriction, courts retain passport

fines (3)

- the most common way of disposing of a case in the magistrates court - in the crown court only a small % of offenders are dealt with by way of a fine - usually the offender is ordered to pay the fine

discharges: 2 options

- conditional discharge: court discharges an offender on the condition that no further offence is committed during a set period of up to 3 years - absolute discharge: no penalty is imposed, such penalty is likely to be used where an offender is technically guilty but morally blameless

other powers from the court (4)

- disqualifying the defendant from driving for a certain time - compensation order: court can order the offender to pay a sum of money to the victim of the crime - forfeiture order: this order takes certain property in the possession of the offender can be taken from him - eg. cans of spray paint, criminal damage