The criminal courts an lay people Flashcards
THE ROLE?
Where D pleads not guilty, the role of the court is to trial the case and decide if D is guilty or not guilty.
WHO IS THE BURDEN OF PROOF ON IN A CRIMINAL TRIAL?
The burden of proof is on the prosecution.
WHICH COURTS HEAR CRIMINAL TRIALS?
Magistrates’ Court and Crown Court.
WHAT ARE THE ROUTES OF APPEAL FROM THE MAGISTRATES’?
a. By D to the Crown Court against conviction and/or sentence.
b. By D or the prosecution to the Queen’s Bench Divisional Court, possibility of a further appeal to the Supreme Court.
WHAT ARE THE ROUTES OF APPEAL FROM THE CROWN COURT?
D has the possibility of appealing against conviction and/or sentence to the Court of Appeal (criminal division)
APPEAL TO THE SUPREME?
Both the prosecution and D may appeal from the Court. of Appeal (criminal division) to the Supreme Court, but the case must involve a point of law of general public importance and permission to appeal is needed.
1/4 RIGHTS THE PROSECUTION HAS FROM THE CROWN COURT?
If the trial judge in the Crown Court gives a ruling on a point of law which effectively stops the case against D, the prosecution can appeal to the court of appeal (criminal) against that ruling: CRIMINAL JUSTICE ACT 2003.
2/4 RIGHTS THE PROSECUTION HAS FROM THE CROWN COURT?
The prosecution can only appeal to the court of appeal (criminal) against an acquittal by a jury when:
a. the acquittal was the result of the jury being nobbled.
b. there is new and compelling evidence of the acquitted D’s guilt and it is in the public interest for D to be retried: CRIMINAL JUSTICE ACT 2003.
3/4 RIGHTS THE PROSECUTION HAS FROM THE CROWN COURT?
Where the trial judge may have made an error in explaining the law to the jury, the prosecution have the right to refer that point of law to the court of appeal (criminal) if D is acquitted: CRIMINAL JUSTICE ACT 1972.
4/4 RIGHTS THE PROSECUTION HAS FROM THE CROWN COURT?
The attorney-general can also refer an unduly lenient sentence to the court of appeal (criminal ) for re-sentencing
WHAT ARE THE TYPES OF CASES DEALT WITH BY CRIMINAL COURTS?
The trial court is decided by the category of crime involved:
summary offence- can only be tried in the magistrates’ court.
indictable offence- can only be tried in the crown court.
either way offence- may be tried in either court.
WHAT ARE THE POWERS OF THE CRIMINAL COURTS TO SENTENCE ADULT OFFENDERS?
Custodial sentences- mandatory life sentence, discretionary life sentence or a fixed-term prison sentence.
The CRIMINAL JUSTICE ACT 2003 created one community order to which the court can attach any requirements they think will both punish and reform an offender, these can include;
a. an unpaid work requirement
b. an alcohol/drug treatment requirement
c. a supervision requirement
d. a curfew requirement
Financial sentence- a fine paid to the state
Discharge- a conditional discharge or an absolute discharge.
WHAT ARE THE AIMS OF SENTENCING?
PUNISHMENT/RETRIBUTION?
The aim of punishment/retribution is the idea that if someone has broken the criminal law they should be punished and get their ‘just deserts’
WHAT ARE THE AIMS OF SENTENCING?
DETERRANCE?
An important aim of sentencing is to punish in su h a way as to reduce offending. one way of doing this is to impose serve sentences for crimes so that offenders will be deterred from reoffending for the fear of the consequences and/or other people are deterred from offending because they don’t want the same fate.
WHAT ARE THE AIMS OF SENTENCING?
PROTECTION OF THE PUBLIC?
To achieve the aim of protection of the public the offender is given a sentence that makes them incapable of committing further crime.
