National 5 Modern Studies Court system Flashcards
Learn structure and sentencing
Identify the 4 Scottish courts
High court, Sheriff court, Justice of the Peace and Children’s hearing system.
Describe solemn procedure.
- Used for more serious crimes.
- A jury of 15 decides whether someone is innocent or not proven or guilty.
- Can be used in Sheriff Court, always in High Court
How long can the Justice of the Peace Court send someone to prison
60 days
What are the sentencing powers of the High Court?
Max life imprisonment. Unlimited fine.
Name non custodial sentences the courts may use.
- Fine
- Electronic tagging
- Community payback Order
- Drug treatment and Testing Order.
- ASBO
How many people sit on the children’s hearing panel?
3
Describe summary procedure
Used by sheriff Court at times and always in JP. There is no jury to decide innocence or guilt
When the sheriff Court uses solemn procedure what are their max sentences?
Unlimited fine and up to 5 years in prison.
What name 5 options open to the children’s hearing
Social worker support child and family, remove child to foster, secure accommodation, asbo or tagging
What types of crim are dealt with under solemn procedure
Murder, rape, serious assault, drug trafficking and supplying.
What punishment can the sheriff Court give using summary procedure
£10,000 fine and 12 months in prison
What type of cases are dealt with using solemn procedure
Murder rape serious assault drug trafficking
Why are drug treatment and testing orders effective?
Tackles the addiction which is the root of the criminal behaviour. Lower reoffending rates, cheaper
What are the benefits of non custodial sentences like taggibg
Cheaper than prison
Doesn’t break up families
People keep their jobs and homes
What is the maximum fine for the JP
£2,500
