The criminal courts and lay people Flashcards
what court is summary offences tried in
magistrates
examples of summary offences
assault, battery
where are triable either way offences tried
magistrates/ crown
3 examples of triable either way offences
s47, s20, theft
where are indictable offences tried
crown
3 examples of indictable offences
s18, murder, rape
3 appeal routes from magistrates
to crown (normal route) - D only
to QBD (on POL) - P & D
from QBD to SC - public importance/ permission from QBD or SC
3 appea routes from crown
- to COA by D - must get leave
- to COA by P e.g new + compelling evidence
- P & D can get leave from COA to SC (general public importance + permission from COA/ SC)
powers of criminal courts - what can they impose
- custodial sentences
- discharges
- community orders
- fines
- disqualifying from driving
- compensation order
- forfeiture order
- victim surcharge
6 aims of sentencing
1) retribution
2) deterrence
3) rehabilitation
4) reparation
5) protection of public
6) denunciation
define retribution
punishment should reflect severity of crime - proportionate
define deterrence
reduction in crime - deterred through dear of punishment
define rehabilitation
reforming offender to alter behaviour so they don’t offend again
define reparation
giving something back to v/ community
define denunciation
society expressing disapproval of criminal activity
what do aggravating factors result in + example
harsher sentences e.g. vulnerable v, previous convictions
what do mitigating factors result in + example
lighter sentence e.g. helping police, genuine remorse
what are lay magistrates also known as
justices of peace
list 3 powers of magistrates
- max. prison sentence = 6 months (1 offence)/ 12 months (2 offences)
- unlimited fines
- other penalties e.g. community orders/ discharge
what is the role of a magistrate
try all summary offences, + triable either way where mags. accept jurisdiction and D agrees
what is the role of a jury in criminal case
return verdict by applying law as explained by judge
judge decides points of law and jury decides points of…
fact
what act makes disclosure of what happens in jury room a criminal offence
The Contempt of Court Act 1981
what act allows jury to give 1 of 3 verdicts + name these with exception
CJA 1967:
1) unanimous
2) 10:12
3) 11:12
but if judge doesn’t believe enough evidence to convict “beyond reasonable doubt” then he will direct jury to return “not guilty” verdict
4 advantages of jury trials
- right to be tried by peers
- jury equity (not bound by precedent)
- secrecy
- open justice
4 disadvantages of jury trials
- perverse verdict (unjustified)
- media
- secrecy (no reasons have to be given)
- complexity
