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
Those ineligible to be a juror
- Mental disorders
- Those who lack in capacity (Deaf)
- Those who lack in capacity (blind)
- Those who cannot understand or speak English
Those excused rom the jury service
Full-time serving members of the forces
Jury deferrals
- Being too ill to attend
- Suffering a disability
- A mother will a small baby
- Business appointments
- Examinations
- A booked holiday
Jury vetting
1) A police check on prospective jurors to eliminate those disqualified because of criminal convictions
2) A wider background check in cases of national security of terrorist cases
Jury challenges
In the array: challenging the whole jury
For cause: challenging an individual
Prosecution right to stand by
What does a jury do in a criminal case?
- Listen and look at evidence presented in court
- Listen to judge’s summing up of the facts of the case and the law
- Decide guilt or innocence
- Only decide based on facts and apply the law as the judge directs
- Decide in secret
- No reason for verdict
Majority verdicts
12 jurors= 10-2, 11-1
Below 12= 10-1, 901
Jury of 9= 100%
Aims of sentencing
- Punishment/retribution of offenders
- Reduction of crime through deterrence and denunciation
- Reform and rehabilitation of offenders
- Protection of the public
- Making of reparation by offenders to person affected by their offences
Definition of retribution
Based on the idea of punishment, that the offender deserves punishment due to his conduct. Does not seek to reduce crime or alter offender’s behaviour
Incapacitation definition
Offender is made incapable of committing further crimes. Society is protected from crime
Denunciation definition
Society expressing disapproval of criminal activity, it reinforces moral boundaries of acceptable conduct
Detterence definttion
Individual: the offender is deterred through fear of future punishment
Group: aimed at preventing other potential offenders from committing crimes
Rehabilitation definition
To reform the offender and rehabilitate them back into society. A forward looking aim with the hope that the offender’s behaviour will improve by the penalty
Reparation definition
Making amends, it is aimed at compensating the victim of the crime or to compensate society as a whole
Two factors in sentencing
Aggravating and mitigating factors
What are aggravating factors?
- Previous convictions of similar nature or relevant to present offence
- Offending while on bail
- Crime involving violence or use of a weapon
- Hostility towards race or religion
- Hostility towards sexual orientation or disability
- Attacking vulnerable person(s)
- Premeditation
What are mitigating factors?
- Cooperation with police
- Remorse
- No previous convictions
- Mental illness of D
- Physical illness of D
- Early guilty plea
What is looked at in terms of the background of D?
Previous convictions, reports
Why would imprisonment be passed?
If the offence was so serious that a fine or community sentence cannot be justified, where the offence is a violent or sexual offence that only such a sentence would be adequate to protect the public
What is mandatory life?
Used for murder however the judge can state a minimum term. ‘Staring points’ range from a full life to 12 years. Aggravating and mitigating factors may be taken into account
What is discretionary life?
Used for offences where the maximum sentence is life. But judge does not have to impose it. Judge has discretion in sentencing and can impose a lesser sentence
What are fixed term sentences?
Imprisonment for a fixed number of years or months where prisoners do not serve the whole sentence passed, automatically released after half sentence is passed
What are suspended sentences?
can give a suspended sentence up to 2 years, does not take effect but if offender reoffends it will be activated
Types of community orders
Unpaid work, curfew, supervision
What is the definition of absolute discharge?
Where the court allows the D to be free, without any formal sentence, but it acts as a warning and the D will have a criminal record
What is the definition of a conditional discharge?
Where the court allows the defendant to be free on the condition that they do not re-offend during 3 years, the D will have a criminal record
