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Law Paper 1 > Section A- Criminal Courts And Lay People > Flashcards

Section A- Criminal Courts And Lay People Flashcards

1
Q

What is involved in the role of magistrates

A

-criminal cases
-number of cases heard
-decide guilt
-sentencing
-preliminary hearings
-youth courts
-appeals
-administrative hearings

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2
Q

How can cases do magistrates hear

A

Try 94% of criminal cases. Other 6% at preliminary level as indictable offences will be transferred to CC.

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3
Q

How do magistrates decide guilt

A

Hear trials for summary and majority of TEW. Decide whether guilty or not and pass verdict

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4
Q

How do magistrates sentence

A

End of trial role of passing sentence. If they don’t have enough power- send up to crown court for higher sentence. Can give up to 6 months

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5
Q

What preliminary hearings do magistrates hear

A

Early administrative hearings- non guilty pleas- decide what court is appropriate- initial procedure
Bail applications- M will decide wether D should be allowed to wait outside for trial
Remand hearings- bail refused- D can apply again to wait outside for trial

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6
Q

How do magistrates hear appeals

A

Sit in crown court. 2 mag and qualified judge form a panel. Hear evidence and pass verdict or sentence if required

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7
Q

How do magistrates hear administrative hearings

A

Hear warrant application from police. Sign warrant to search premises. Hear application to suspend Detention period from 36-96 hours. Grant or refuse.

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8
Q

What is the magistrates clerk

A

Every bench assisted by a clerk/legal advisor. The senior clerk has to be a qualified solicitor or barrister for at least 5 years. Guide magistrates on law, practice and procedure set out of justices of the peace act 1979. Don’t assist with decision making but routine administrative matters such as warrants and extending bail.
In r v Eccles justices ex parte Farrelly, KBD divisional court squashed convictions because clearly participated in decision making.

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9
Q

What are the qualification of magistrates

A

-lay M should be ages through 18-70 and can’t be appointed past 65.
-must live or work in local justices area
-don’t have qualifications in law but have attributes need to fulfill- 6 key qualities
And judicial qualities

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10
Q

What are the ‘6 key qualities’ a magistrate should have

A
  • good character
    -understanding and communication
    -social awareness
    -maturity and sound temperament
    -sound judgement
  • commitment and reliability
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11
Q

What judicial qualities should a magistrate have

A
  • assimilate information and make a reasoned decision
    -work as team
    -committed to 26 half days per year
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12
Q

What are restrictions of becoming a magistrate

A
  • those with serious conviction
    -bankrupt
    -work in forces like police
    -close relatives can’t be appointed on the same bench
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13
Q

Stages of selecting/appointing magistrates

A
  1. Local advisory committees- apply directly/advertisement. Made to LAC. LAC ensure cross section of society- women, ethnic communities. (Ex current and non mags in LAC) application form.
  2. The interview - 2 stage. First interview- assess attitudes and personality. Attitudes to issues such as drink driving. Six key quality. Second interview- judicial attitude- 2 case studies. Oath of allegiance
  3. Appointment- LAC submit names of who think suitable to lord chief justice. Successful sworn in CC and can continue till 70. 26 half days per year.
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14
Q

What are the roles of juries

A
  • only at crown court where D pleaded non guilty, only 2% criminal trials.
  • 12 jurors sit at crown court and hear trials and hear trials.
    -listen to evidence and the judges summing up
    -make decisions on a question of fact, not law. Judge there to advise as no qualifications.
  • judge can give directed acquittal .- no strong evidence.
  • decide verdict- G,NG
    -don’t give reasons for decisions
    -Criminal courts and justices act 2015- offence to disclose what was discussed in jury room exept when in interest of justice
  • come to unanimous verdict or majority 10:2 11:1
  • juries act- foreman announce numbers both agreeing and disagreeing. Only 20% c made by majority each year
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15
Q

To qualify for a jury a person must be

A

18-75 years
Registered to vote
Resident in uk at least 5 years since 13th birthday

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16
Q

How could a person not be a jury (qualifications of jurors) (IDIED)

A

Ineligible- people who are mentally disordered are disqualified under CJA, person in a hospital and regularly attend treatment, under guardianship, declared incapable by a judge.
Disqualified- prison sentence of 5+, shorter sentence disqualified for 10 years, bail, if turns up- fines
Incapable- discharged for a lack of capacity to cope e.g no English, sign language- wrong interpretations
Excused- CJA- no police, lawyers etc. have to work e.g. forces, doctors can be granted
Differed- problems that would make it difficult to be a jury can make application e.g holidays, mother with a baby, student during exams.

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17
Q

How can a juror be selected and appointed

A
  • chosen at random from electoral registers for an area by central office every fortnight
  • summons is sent out electronically with a computer
  • summon more than 12 people- unclear how many disqualified/ excused
  • 15 chosen at random from jury pool to go into courtroom
  • 2 week period if longer asked to stay
  • final 12 chosen at random by the clerk using name cards
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18
Q

How can the jury be vetted

A

Once list of jurors is known the prosecution and defence have the right to see the list. Two types of jury vetting authorised:
Routine police checks- prospective jurors to eliminate those who are disqualified and a check of criminal record.
Jurors background- political affiliations can be checked in exceptional cases

19
Q

How can the jury be challenged

A

Challenging the array- challenge the whole jury on the basis it has ben chosen in a biased way. However in R v ford held that if a jury was chose in a random manner then it can’t be challenged.

Challenging for cause- challenging the right to remove an individual juror. Could be not qualified to serve or is potentially bias e.g related to D.

Prosecution- right to stand by jurors- only available to prosecution- put someone’s name on the end of the list to make sure not Picked unless last resort- no reason given but used sparingly

20
Q

What are alternatives to trial by jury

A

Trial by single judge- majority of civil cases heard this way. Lack of public confidence in the use of judges to decide serious criminal cases- can become case hardened and prosecution minded. Little understanding problems D may face. Prejudice more likely.
Panel of judges- 3 or 5 however lack of judges and more training needed- expensive
One judge plus lay ancestors- 2

21
Q

What are advantages of juries

A

Public confidence - centuries- lay people- democratic- very old so people have confidence in fairness.

Don’t have to follow previous decisions, AOP or reasons for decisions- freedom in decision- just decisions- fair decision in pointings case- jury didn’t convict- leaked secrets for good cause.

Lay people- open system of justice- legal system open and justice- public members- transparency. Lawyers explain procedure clearly so can follow so fair and transparent.

Conversations in the room must not be disclosed- free from pressure + outside influence so can make what’s unpopular with public- less willing to serve on a jury if their decision could be made public.

22
Q

What are disadvantages of juries

A

Uncertain decisions are reached- jury equity- can ignore evidence- wrong decisions- doubts regarding decisions- 5%.- evidence clear yet jury acquitted D- r v kronlid

Higher acquittal rates in crown w jury than mag without- high costs- time consuming to reach decision- 12 too many for a productive conversation- however includes discharged so not accurate.

Difficult to understand- formal procedure and language- reported only 31% understood directions- defendants future decided by people who don’t understand- fraud trials difficult- lengthy.

Even with 12- bias can remain- biased towards police or racially prejudice e.g in sander. Media can influence in high profile cases such as moors murders- dominant in media

23
Q

What is the jurisdiction of the magistrates court

A

-156 courts and 12000 lay mags in England and wales
-local courts, almost every town, criminal cases in that area
-max sentence 6 months and 12 for two
-impose fines, community orders and discharges
-94% all criminal cases- 1.5m yearly- summary, TEW where mag accepted jurisdiction
-6% preliminary hearings of all indictable and TEW that tried at cc
-other matters- warrants for arrest, bail applications
-youth court 10-17 special training

24
Q

Jurisdiction of crown court

A
  • 90 different centres
    -80,000 cases yearly- all indictable and some TEW
    -hears cases which: mag rejected, chosen cc by D, appeal from M court
    -if D pleads guilty the judge decides sentence
  • if NG judge decides POL and jury decides verdict then if G judge decides sentence
    -appeals are heard by judge and 2 mag
25
Q

What are the 3 classifications of criminal offences

A

Summary
TEW
Indictable

26
Q

Description, court and examples and summary offences

A

Least serious crime that has a lesser sentence
Heard in mags court- 6 months max sentence
Threatening, speeding, assault, battery

27
Q

Description, court and examples of TEW offences

A

Somewhat serious, mid level crime
Magistrates or crown court- M can refer up to C- decided in pre trial procedure
ABH,theft

28
Q

Description, court and examples of indictable offences

A

Most serious offences
Crown court
Murder, robbery, rape, GBH, terrorist

29
Q

Pre trial procedure in criminal cases

A

Accused put before mags court who will deal with early administrative hearings- done by single mag or legal advisor who makes decisions about legal aid and bail

30
Q

What is the pre trial procedure for summary offences

A
  • D asked if guilty or not
    -if G the M will sentence, complete in earliest possible hearing so sentencing happens often straight away
  • if NG the m will find all issues involved in the case at first hearing. Trial then takes place and if G then sentenced.
    -maximum 6 months
31
Q

What is the pre trial procedure of indictable offences

A
  • first hearing is still at M court for the early administrative hearing
  • transferred to crown court under crime and disorder act
    -if plead G judge will pass sentence
  • if NG jury decides verdict- J pass sentence if G
    Max is life imprisonment
32
Q

What is the pre trial procedure for TEW offences

A

Either M or C court PTP decides which one
1. Plea before venue
D is asked G or non G, if pleads guilty the case proceeds to second hearing, automatically heard in mags court. If has no power to sentence the D is sent to CC.
2. Mode of trial
Takes place if D pleads NG and is used to decide if M court can hear the case, M must consider: -power to sentence -nature and seriousness -wether d has legal rep -the ds previous convictions
Should not accept: -complex law -breach of trust -gang crime
3. Outcome
If M feel they are prepared they are warned still can be transferred and if not suitable transferred

33
Q

Appeals from the magistrates court to crown court

A

Only available to defence and has an automatic right ti appeal so leave to appeal not needed
If pleaded guilty at M court they can only appeal to sentence and if NG can appeal to conviction and sentence
Case completely reheard by 2M and a judge
Confirm, reverse or vary conviction
Increase or decrease sentence up to 6 months

34
Q

Appeals from magistrates court t administrative court(KBD)

A

Prosecution and defence
100 case stated appeals per year heard by 2 high court judges from KBD
Made direct from M court or appeal from C court
Only against conviction (D) and acquittal (P) on a POL
Confirm, reverse vary decision
Send back to M court to implement decision

35
Q

Appeals from mags court to Supreme Court

A

Prosecution and defence use this following KBD
Only appeal if it involves a POL of general public importance
Leave to appeal from KBD or Sc needed
Very small number of cases

36
Q

Appeals from CC to the COA for the defence

A

Leave to appeal needed from COA or certificate fit to appeal
Under criminal appeal act- leave only granted if conviction is ‘unsafe’
New evidence considered and whether it would have been admissible at the trial
Confirm, reverse vary conviction and can only decrease sentence
Power to order a retrial with a new jury

37
Q

Appeals from crown court to COA for the prosecution

A

Against a judges ruling: P has right to appeal where the trials judges ruling on a POL has effectively stopped the case which makes sure error by judge doesn’t lead to acquittal

Against acquittal: acquittal result of jury nobbling and there has been convictions for this. P can appeal and COA can order a retrial. 30 serious offences can be retried if new and compelling evidence and in public interest.

Referring on a POL: attorney general can refer a pol to COA if concerns about a Ds acquittal.

Against sentence: AG can apply for leave if thinks sentence is too lenient

38
Q

Appeals from crown court to Supreme Court

A

Defence and prosecution
POL of general public importance
Leave to appeal from COA or SC

39
Q

What are the 5 aims of sentencing

A
  • punishment of offenders
    -reduction of crime
    -reform and rehabilitation
    -protection of public
    -reparation
40
Q

What are the four factors in sentencing

A
  • offence details
  • aggrivating and mitigating factors
  • reports on offender
  • sentencing guidelines
41
Q

What are the types of sentencing

A

Custodial
Community
Fines
Discharges

42
Q

What are the different custodial sentences

A

Mandatory life sentences
Discretionary life sentences
Fixed term sentences
Suspended sentence
Home detention curfew
Extended
Minimum

43
Q

What are the different community orders

A

Unpaid work
Supervision requirement
Drug or alcohol treatment and testing
Curfew
Exclusion
Programme

44
Q

What are the different types of discharge

A

Conditional
Absolute

Law Paper 1 (4 decks)

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