The Criminal Courts Flashcards
What are the three categories of criminal offences
Summary
Triable either way
Indictable
What is a summary offence
Least serious
Tried in magistrates
Common assaults, criminal damage less thank £5,000, shop limiting under £200, driving offences
What are triable either way offences
Middle range
Tried in either magistrates of crown court
Theft, ABH
Guilty= magistrates
Not guilty= can choose
Too serious= crown court
What is an indictable offence
Most serious
Murder, manslaughter, rape
First preliminary hearings at magistrates then crown court
What are magistrates
Legally qualified district judges or unqualified lay justices
What is the maximum sentence a magistrate can give
6 months for one offence or 12 months for two
What else can magistrates impose
Fines, community orders or a conditional charge
What else do magistrates do
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
Where can you appeal from the magistrates court
The crown court
Administrative court in queens bench division
On what grounds can you appeal from the magistrates court to the crown court
Sentences or decisions
On what grounds can you appeal from magistrates to administrative court
On a point of law
What court can you appeal to from the administrative court
The Supreme Court
What is the role of the judge in the crown court
Decide point of law
Decide appropriate sentence
What court can you appeal to from the crown court
Court of appeal
On what grounds can you appeal to the court of appeal from the crown court
Decision
Sentence
What court can you further appeal to from crown court
The Supreme Court
What are the 5 purposes of sentencing
Punishment
Reduction of crime
Rehabilitation
Protection of the public
Making of reparation by offenders to those affected
What is retribution/ punishment
The offender deserves punishment for their act, so the sentence given must be proportionate to the offence
Tariff sentences
Bases of the idea that each offence should have a certain tariff level of sentencing
Deterrence
Individual deterrence is intended to prevent offender from reoffending through fear of punishment
General deterrence is intended to prevent other offenders from committing crimes
Rehabilitation
Hope that the offenders behaviour will be altered by the penalty imposed
Protection of the public
Life imprisonment or long term imprisonment are given to dangerous offenders to protect public
Dangerous drivers are disqualified from driving
Reparation
This is aimed at compensating the victim of the crime
For example money
Powers of the criminal courts
Custodial sentences
Fine
Conditional charges
Disqualification from driving
What is custodial sentencing
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
Fines
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
Sentences available for adults
Custodial sentences
community orders
Fines
Discharges
Custodial sentences
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
Community orders
Sentences can be mix and match
Unpaid work
Prohibited activity
Curfew
Mental health treatment
Drug rehabilitation
Alcohol treatment
Supervision
What is a conditional discharge
The court discharge an offender on the condition that they don’t reoffend
What is an absolute discharge
No penalty is imposed
Factors in sentencing
The offence
Sentencing guidelines
Offenders background
The Offence
Aggravating and mitigation factors
Aggravating factors
Gives harsher sentence
Previous convictions
On bail
Racial, religious, disables, sexual orientation hostility
Group attacks
Vulnerable victim
A victim serving the public
Mitigating factors
Gives lighter sentences
Mental illness
Physical illness
No previous convictions
Genuine remorse
Guilty plea
Sentencing guidelines
Give a starting point for an offence, in particular whether a custodial or community order should be given
Background of offender
Previous convictions
Reports
What is a lay magistrate
Unpaid part time judges In the magistrates courts
They sit a a bench of two or three
Single magistrates can issue warrants for arrest
Formal requirements of lay magistrates
Between 18-65
Prepared to commit 26 and a half days a year
Restrictions- criminal convictions, bankrupts, members of the force, impaired hearing
Appointment
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
Role or magistrates
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
Jury independence
Bushels case established that the judge could not challenge decisions
R v McKenna
Basic qualifications for a juror
18-75
Registered on electoral
Resident in uk
Disqualification of jury
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
Selection of jury
Selected at random from electoral register
Vetting- police checks ( r v crown court at Sheffield) and wider background checks
Selection of 12/15
The role of the jury
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
Advantages of jury
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
Disadvantages of jury
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
