The Criminal Courts P1 Flashcards
what is a summary offence and give an example
the least serious offence tried in the magistrates court
assault battery
what is a triable eitherway offence and give an example
middle range offence can be tried in the mgistrates or crown court
ABH theft
what is an indictable offence and give an example
the most serious offence tried in a crown court by a jury
wounding with intent
murder
manslaughter
what is the jurisdiction of the mgaistrates court
maximum sentence of 12 months
issues search and arrests warrants
grant bail to defendants
what is the jurisdiction of the crown courts
tries eitherway offences where magistrates do not have sufficient sentencing powers
hears plea and preparation for trial hearings, trials of indictable case and bail applications
hears appeals frm magistrates against conviction or sentence
what happens if a d pleads not guilty to a summary offence in a magistrates court
tried my magistrates
what happens if d pleads guilty to a summary offence in a magistrates
magistrates pass the sentence
what happens when a d pleads guilty of a triable either way offence in the magistrates
magistrates listen to the case and decide if they have the power to deal with it
yes - magistrates pass the sentence
no - sent to crown court for sentencing
what happens when a d pleads not guilty of a triable eitherway offence in the magistrates
‘Mode of trial’ hearing- magistrates decide if the have powers to deal with the case
yes - D can choose mgistrates or crown court to be tried in
no - sent to crown court
What happens in crown court when d pleads guilty for an indictable offence
Sentencing in the crown court
What happens in crown court when D pleads not guilty for an indictable offence
Jury trial in crown court
What happens in a crown court in an appeal
Magistrates to crown court cases are heard by a judge sitting with two lay magistrates
Re-hearing with circuit judges and can confirm verdict or impose own - consisting of any verdict from magistrates court
What happens in the divisional court in a case stated appeal
Cases are sent to divisional court
Case states on a point of law - appeals based on if magistrates did something outside of jurisdiction
Decisions can be confirmed, varied or reversed to be sent back to magistrates
If a trial judge gives a ruling on a point of law which effectively stops the case against the defendant….
The prosecution can appeal against that ruling as stated by the Criminal Justice Act 2003
Which two circumstances can the prosecution appeal against the decision of a jury
When acquittal was the result of the hurt being ‘nobbled’
Where there is new and compelling evidence of the acquitted persons guilt and it is in the public interest for the defendant to be re-tried
What is the last thing the prosecution can appeal for
If they feel an u duly lenient sentence has been imposed and this can only be done in relation to indictable and either way offences which has been tried in the crown court
What is retribution in aims of sentencing
The aim to punish people for breaking the rules
What is reparation in aims of sentencing
To make the offender make some form of compensation for the harm he has causes
What is public protection in aims of sentencing
Designed to provide protection for people from wrongdoers
What are all the aims for sentencing
Retribution
Reparation
Public protection
Deterrence
Rehabilitation
What is deterrence for aims of sentencing
To discourage people from committing offences
What is rehabilitation for aims of sentencing
To help the offender realise what he has done and to reform him so that he won’t re-offend
what are the four main types of sentencing avaliable to the courts under the Criminal Justice Act 2003
custodial sentences
community service
fines
discharges
when can a court pass a custodial sentence
it is of opinion that the offence… was so serious that neither a fine aline nor a community sentence can be justified for the offence
how old must you be to be able to get a prison sentence
21 or over
what is a suspended sentence
does nt havee to serve the sentence unless he re-offends within the period of suspension (currently max 2 years)
what is a community sentence
community orders
a mix and match reqirements allowing it to fit to the individual d
list some things that can be given as part of a community sentence
an unpaid work requirement
a prohibited activity requirement
a programme
a curfew
an exclusion
a mental health treatment
a drug rehabilitation
a supervision
a alcohol treatment
what are the maxixmum fines that can be issued by the crown court
han unlimited powers to pass fines and are no maximum limit to fines
usually the biggest fines are on businesses for branches of health and safety
what are the maximum fines issued by the magistrates court on each level ad how many levells are there
5 levels
1. maximum £100
2.£500
3.£1000
4.£2500
5. unlimited so long they stay within the limit of the particular offence
what is a conditional discharge
given a time limit
if they reoffend within it = penalty
used when thought that punishment is not necessary
what is an absolute discharge
no penalty
used when the offender is technically guilty but morely blameless
not often used
when deciding a sentence what are aggravating factors
previous convictions for offences of a similar mature or relevant to resent offence
d was on bail when committed the offence
hostility to disablility of sexaual orientation being involved in the offence
what other factors do the courts also consider with aggravating factors
the offender being part of a group attacking the v
a v serving the public eg nurse
the fact the assault may be premeditated
what does aggravating factors mean
factors that raise the severity of the punishment
what does mitigating factors mean
factors that reduce the severity of the punishment
give some examples if mitigating factors
if offender co-operates with the police
mental illnesses
d is a single parent
first offence
evidence of genuine remorse
what is a discount sentence
given if the d pleads guilty
gives a reduction on punishment depending on when in the proceedings they plead guilty
egfirst reasonable opportunity: 1/3 off
