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Law A Level > Paper 1: criminal courts and lay people > Flashcards

Paper 1: criminal courts and lay people Flashcards

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1
Q

What happens to a plea of not guilty?

A

A trial takes place. The judge will try the case and decide if the accused is guilty or not guilty

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2
Q

Who hears indictable offences in the Crown court?

A

A judge and a jury consisting of 12 ordinary people

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3
Q

Definition of jurisdiction

A

The right and power to interpret and apply the law

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4
Q

Pre-trial procedure for summary offences

A

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

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5
Q

Pre-trial procedure for either way offences

A

Plea before venue
Mode of trial proceedings
Committal proceedings

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6
Q

What is the role of magistrates in indictable offences?

A

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

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7
Q

Advantages of Magistrates court

A
  • Speed
  • Lower possible penalties, 6 months/£5,000 fine
  • Local courts
  • Cost
  • Workload, deal with 98% of criminal matters
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8
Q

Disadvantages of Magistrates court

A
  • 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
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9
Q

Advantages of Crown court

A
  • Lower conviction rate, acquittal rate here is 60%

- Better advocates, likely to be represented by barristers

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10
Q

Disadvantages of Crown court

A
  • Higher penalties, unlimited sentences and fines can be given
  • Waiting time
  • Cost
  • Publicity
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11
Q

Why do people appeal?

A

The prosecution and defence can appeal, parties can appeal their sentence, parties can appeal their conviction

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12
Q

6 Key qualities of magistrates

A
  • Good character
  • Understanding and communication
  • Social awareness
  • Sound judgement
  • Maturity and sound temperament
  • Commitment and reliability
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13
Q

Formal requirements for magistrates

A

18-65
Local Justice Area
Available for 26 half days a year

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14
Q

Ineligibility of magistrates

A

Undischarged bankrupts, serious criminal convicts, members of the armed forces, police officers and traffic wardens, relatives of those working in the criminal justice system

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15
Q

1st interview process for magistrates

A
  • 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
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16
Q

2nd interview process for magistrates

A
  • 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
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17
Q

Retirement and removal of magistrates

A
  • For incapacity or misbehaviour
  • Persistent failure to meet the standards expected
  • Declining or neglecting to exercise the functions of a JP
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18
Q

How is the composition of the bench termed?

A

“Middle-class, middle ages, and middle minded”

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19
Q

Training of the lay magistrates

A

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

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20
Q

What criminal cases of magistrates hear?

A

Summary and either way offences following the mode of trial procedure

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21
Q

Role of magistrates

A
  • 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
22
Q

What courts do the juries sit in?

A

Crown, high, county, coroners

23
Q

Qualifications of a juror

A

Ages between 18-75
Registered elector
Resident in the UK or Channel Islands for 5 years after the age of 13

24
Q

Disqualifications of a juror

A
  • 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
25
Q

Those ineligible to be a juror

A
  • Mental disorders
  • Those who lack in capacity (Deaf)
  • Those who lack in capacity (blind)
  • Those who cannot understand or speak English
26
Q

Those excused rom the jury service

A

Full-time serving members of the forces

27
Q

Jury deferrals

A
  • Being too ill to attend
  • Suffering a disability
  • A mother will a small baby
  • Business appointments
  • Examinations
  • A booked holiday
28
Q

Jury vetting

A

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

29
Q

Jury challenges

A

In the array: challenging the whole jury
For cause: challenging an individual
Prosecution right to stand by

30
Q

What does a jury do in a criminal case?

A
  • 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
31
Q

Majority verdicts

A

12 jurors= 10-2, 11-1
Below 12= 10-1, 901
Jury of 9= 100%

32
Q

Aims of sentencing

A
  • 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
33
Q

Definition of retribution

A

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

34
Q

Incapacitation definition

A

Offender is made incapable of committing further crimes. Society is protected from crime

35
Q

Denunciation definition

A

Society expressing disapproval of criminal activity, it reinforces moral boundaries of acceptable conduct

36
Q

Detterence definttion

A

Individual: the offender is deterred through fear of future punishment
Group: aimed at preventing other potential offenders from committing crimes

37
Q

Rehabilitation definition

A

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

38
Q

Reparation definition

A

Making amends, it is aimed at compensating the victim of the crime or to compensate society as a whole

39
Q

Two factors in sentencing

A

Aggravating and mitigating factors

40
Q

What are aggravating factors?

A
  • 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
41
Q

What are mitigating factors?

A
  • Cooperation with police
  • Remorse
  • No previous convictions
  • Mental illness of D
  • Physical illness of D
  • Early guilty plea
42
Q

What is looked at in terms of the background of D?

A

Previous convictions, reports

43
Q

Why would imprisonment be passed?

A

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

44
Q

What is mandatory life?

A

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

45
Q

What is discretionary life?

A

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

46
Q

What are fixed term sentences?

A

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

47
Q

What are suspended sentences?

A

can give a suspended sentence up to 2 years, does not take effect but if offender reoffends it will be activated

48
Q

Types of community orders

A

Unpaid work, curfew, supervision

49
Q

What is the definition of absolute discharge?

A

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

50
Q

What is the definition of a conditional discharge?

A

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

Law A Level (21 decks)

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