Paper 1: criminal courts and lay people Flashcards
What happens to a plea of not guilty?
A trial takes place. The judge will try the case and decide if the accused is guilty or not guilty
Who hears indictable offences in the Crown court?
A judge and a jury consisting of 12 ordinary people
Definition of jurisdiction
The right and power to interpret and apply the law
Pre-trial procedure for summary offences
Where D pleads guilty: the magistrates will go ahead with the case nd decide sentence when needed
Where D pleads not guilty: the magistrates must try and discover the issues involved in the case, so it can proceed efficiently
Pre-trial procedure for either way offences
Plea before venue
Mode of trial proceedings
Committal proceedings
What is the role of magistrates in indictable offences?
They may deal with whether the D wants to apply for legal aid and issues of bail. The case is then sent to the Crown Court immediately
Advantages of Magistrates court
- Speed
- Lower possible penalties, 6 months/£5,000 fine
- Local courts
- Cost
- Workload, deal with 98% of criminal matters
Disadvantages of Magistrates court
- Higher conviction rate, 85% are convicted at the Magistrates court
- Transfer to Crown court, this would mean that the D may be given a higher penalty
Advantages of Crown court
- Lower conviction rate, acquittal rate here is 60%
- Better advocates, likely to be represented by barristers
Disadvantages of Crown court
- Higher penalties, unlimited sentences and fines can be given
- Waiting time
- Cost
- Publicity
Why do people appeal?
The prosecution and defence can appeal, parties can appeal their sentence, parties can appeal their conviction
6 Key qualities of magistrates
- Good character
- Understanding and communication
- Social awareness
- Sound judgement
- Maturity and sound temperament
- Commitment and reliability
Formal requirements for magistrates
18-65
Local Justice Area
Available for 26 half days a year
Ineligibility of magistrates
Undischarged bankrupts, serious criminal convicts, members of the armed forces, police officers and traffic wardens, relatives of those working in the criminal justice system
1st interview process for magistrates
- The panel find out about the person’s attributes
- Look to see if they have the 6 key qualities
- Find out about their attitudes to certain criminal justice issues
2nd interview process for magistrates
- Tests candidates’ judicial aptitude by looking at 2 judicial case studies
- The candidate will be expected to suggest an appropriate sentence based on the facts
Retirement and removal of magistrates
- For incapacity or misbehaviour
- Persistent failure to meet the standards expected
- Declining or neglecting to exercise the functions of a JP
How is the composition of the bench termed?
“Middle-class, middle ages, and middle minded”
Training of the lay magistrates
1) Initial Introductory Training: covering matters like understanding of the bench, role and responsibilities
2) Core training: key skills and knowledge
3) Activities: observing court sittings and visiting prisons and the probation service
What criminal cases of magistrates hear?
Summary and either way offences following the mode of trial procedure
Role of magistrates
- Try 98% of criminal offences
- Decide verdict and pass sentence for summary offences
- Cannot impose sentences more than 6 months of fine more than £5,000
- Hear mode of trial proceedings
- Committal proceedings for either way or indictable offences
- Hear bail applications
- Issue warrants for arrest or further searches
- Extend police detention
- Hold youth courts
- Hear appeals in crown court
What courts do the juries sit in?
Crown, high, county, coroners
Qualifications of a juror
Ages between 18-75
Registered elector
Resident in the UK or Channel Islands for 5 years after the age of 13
Disqualifications of a juror
- Life: life imprisonment, extended sentence, sentenced for public protection, sentences to 5 years
- 10 years: served any sentence less than 5 years in the last 10, period of community orders, suspended sentence
- If a person is currently on bail