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Paper 1 Extra > The Criminal Courts > Flashcards

The Criminal Courts Flashcards

1
Q

What are the three categories of criminal offences

A

Summary
Triable either way
Indictable

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2
Q

What is a summary offence

A

Least serious
Tried in magistrates
Common assaults, criminal damage less thank £5,000, shop limiting under £200, driving offences

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3
Q

What are triable either way offences

A

Middle range
Tried in either magistrates of crown court
Theft, ABH
Guilty= magistrates
Not guilty= can choose
Too serious= crown court

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4
Q

What is an indictable offence

A

Most serious
Murder, manslaughter, rape
First preliminary hearings at magistrates then crown court

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5
Q

What are magistrates

A

Legally qualified district judges or unqualified lay justices

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6
Q

What is the maximum sentence a magistrate can give

A

6 months for one offence or 12 months for two

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7
Q

What else can magistrates impose

A

Fines, community orders or a conditional charge

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8
Q

What else do magistrates do

A

Deal with preliminary hearings of triable either way offenses
Deal with first preliminary of indictable offences
Deal with side matters of criminals cases such as issuing warrants
Try cases in the youth court

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9
Q

Where can you appeal from the magistrates court

A

The crown court
Administrative court in queens bench division

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10
Q

On what grounds can you appeal from the magistrates court to the crown court

A

Sentences or decisions

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11
Q

On what grounds can you appeal from magistrates to administrative court

A

On a point of law

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12
Q

What court can you appeal to from the administrative court

A

The Supreme Court

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13
Q

What is the role of the judge in the crown court

A

Decide point of law
Decide appropriate sentence

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14
Q

What court can you appeal to from the crown court

A

Court of appeal

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15
Q

On what grounds can you appeal to the court of appeal from the crown court

A

Decision
Sentence

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16
Q

What court can you further appeal to from crown court

A

The Supreme Court

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17
Q

What are the 5 purposes of sentencing

A

Punishment
Reduction of crime
Rehabilitation
Protection of the public
Making of reparation by offenders to those affected

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18
Q

What is retribution/ punishment

A

The offender deserves punishment for their act, so the sentence given must be proportionate to the offence

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19
Q

Tariff sentences

A

Bases of the idea that each offence should have a certain tariff level of sentencing

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20
Q

Deterrence

A

Individual deterrence is intended to prevent offender from reoffending through fear of punishment
General deterrence is intended to prevent other offenders from committing crimes

21
Q

Rehabilitation

A

Hope that the offenders behaviour will be altered by the penalty imposed

22
Q

Protection of the public

A

Life imprisonment or long term imprisonment are given to dangerous offenders to protect public
Dangerous drivers are disqualified from driving

23
Q

Reparation

A

This is aimed at compensating the victim of the crime
For example money

24
Q

Powers of the criminal courts

A

Custodial sentences
Fine
Conditional charges
Disqualification from driving

25
Q

What is custodial sentencing

A

The crown court has unlimited power
It can pass any length sentence up to the maximum
The magistrates court only have power to send offenders for six months

26
Q

Fines

A

The crown court has unlimited power to pass fines with no maximum limit
In the the magistrates court there are 5 levels with maximum fines

27
Q

Sentences available for adults

A

Custodial sentences
community orders
Fines
Discharges

28
Q

Custodial sentences

A

Mandatory and discretionary life sentences
Fixed term sentences- imprisonment for a way number of months or years
Suspended prison- the sentence is activated is offender reoffends

29
Q

Community orders

A

Sentences can be mix and match
Unpaid work
Prohibited activity
Curfew
Mental health treatment
Drug rehabilitation
Alcohol treatment
Supervision

30
Q

What is a conditional discharge

A

The court discharge an offender on the condition that they don’t reoffend

31
Q

What is an absolute discharge

A

No penalty is imposed

32
Q

Factors in sentencing

A

The offence
Sentencing guidelines
Offenders background

33
Q

The Offence

A

Aggravating and mitigation factors

34
Q

Aggravating factors

A

Gives harsher sentence
Previous convictions
On bail
Racial, religious, disables, sexual orientation hostility
Group attacks
Vulnerable victim
A victim serving the public

35
Q

Mitigating factors

A

Gives lighter sentences
Mental illness
Physical illness
No previous convictions
Genuine remorse
Guilty plea

36
Q

Sentencing guidelines

A

Give a starting point for an offence, in particular whether a custodial or community order should be given

37
Q

Background of offender

A

Previous convictions
Reports

38
Q

What is a lay magistrate

A

Unpaid part time judges In the magistrates courts
They sit a a bench of two or three
Single magistrates can issue warrants for arrest

39
Q

Formal requirements of lay magistrates

A

Between 18-65
Prepared to commit 26 and a half days a year
Restrictions- criminal convictions, bankrupts, members of the force, impaired hearing

40
Q

Appointment

A

Made by lord justice
Adverts to encourage wide variety
Two stage interview process
At the first interview find our more about candidates attributes
The second interview aims at testing candidates potentials

41
Q

Role or magistrates

A

Deal with summary offences
Deal with triable either way in magistrates
Deal with preliminary issues
Transfer indictable offences to crown court
Youth court
Family court
Appeals in crown court

42
Q

Jury independence

A

Bushels case established that the judge could not challenge decisions
R v McKenna

43
Q

Basic qualifications for a juror

A

18-75
Registered on electoral
Resident in uk

44
Q

Disqualification of jury

A

Life imprisonment
Prison
Mentally disordered persons
Members of the force- excused
Lack of capacity to understand I.e not understanding English
Deaf people- not allowed interpreter

45
Q

Selection of jury

A

Selected at random from electoral register
Vetting- police checks ( r v crown court at Sheffield) and wider background checks
Selection of 12/15

46
Q

The role of the jury

A

Listen to both sides
Listen to judges summing up and point of law
Retire to a private room
Decide majority verdict 10:2 or 11:1

47
Q

Advantages of jury

A

Public confidence- 12 strangers promoted impartiality and fairness
Jury equity- do not give reason for decision so may decide on ‘fairness’ (postings case)
Secrecy of the jury room- protected from outside influences
Impartiality- random selection leads to impartiality

48
Q

Disadvantages of jury

A

Secrecy- no reason given so no way of knowing whether jurors understood and made decision on right reasons (r v Mirza)
Racial bias- may be prejudices which effect verdict (sander v uk)
Media influence- publicity may effect decision (r v Taylor and taylor)
Lack of understanding- lack of legal knowledge
Jury tampering- bribing jury or threatening (ks v r)
High acquittal rates- acquit too many defendants

Paper 1 Extra (4 decks)

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