The Criminal Courts P1

Question 1

what is a summary offence and give an example

Answer 1

the least serious offence tried in the magistrates court
assault battery

Question 2

what is a triable eitherway offence and give an example

Answer 2

middle range offence can be tried in the mgistrates or crown court
ABH theft

Question 3

what is an indictable offence and give an example

Answer 3

the most serious offence tried in a crown court by a jury
wounding with intent
murder
manslaughter

Question 4

what is the jurisdiction of the mgaistrates court

Answer 4

maximum sentence of 12 months
issues search and arrests warrants
grant bail to defendants

Question 5

what is the jurisdiction of the crown courts

Answer 5

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

Question 6

what happens if a d pleads not guilty to a summary offence in a magistrates court

Answer 6

tried my magistrates

Question 7

what happens if d pleads guilty to a summary offence in a magistrates

Answer 7

magistrates pass the sentence

Question 8

what happens when a d pleads guilty of a triable either way offence in the magistrates

Answer 8

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

Question 9

what happens when a d pleads not guilty of a triable eitherway offence in the magistrates

Answer 9

‘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

Question 10

What happens in crown court when d pleads guilty for an indictable offence

Answer 10

Sentencing in the crown court

Question 11

What happens in crown court when D pleads not guilty for an indictable offence

Answer 11

Jury trial in crown court

Question 12

What happens in a crown court in an appeal

Answer 12

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

Question 13

What happens in the divisional court in a case stated appeal

Answer 13

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

Question 14

If a trial judge gives a ruling on a point of law which effectively stops the case against the defendant….

Answer 14

The prosecution can appeal against that ruling as stated by the Criminal Justice Act 2003

Question 15

Which two circumstances can the prosecution appeal against the decision of a jury

Answer 15

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

Question 16

What is the last thing the prosecution can appeal for

Answer 16

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

Question 17

What is retribution in aims of sentencing

Answer 17

The aim to punish people for breaking the rules

Question 18

What is reparation in aims of sentencing

Answer 18

To make the offender make some form of compensation for the harm he has causes

Question 19

What is public protection in aims of sentencing

Answer 19

Designed to provide protection for people from wrongdoers

Question 20

What are all the aims for sentencing

Answer 20

Retribution
Reparation
Public protection
Deterrence
Rehabilitation

Question 21

What is deterrence for aims of sentencing

Answer 21

To discourage people from committing offences

Question 22

What is rehabilitation for aims of sentencing

Answer 22

To help the offender realise what he has done and to reform him so that he won’t re-offend

Question 23

what are the four main types of sentencing avaliable to the courts under the Criminal Justice Act 2003

Answer 23

custodial sentences
community service
fines
discharges

Question 24

when can a court pass a custodial sentence

Answer 24

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

Question 25

how old must you be to be able to get a prison sentence

Answer 25

21 or over

Question 26

what is a suspended sentence

Answer 26

does nt havee to serve the sentence unless he re-offends within the period of suspension (currently max 2 years)

Question 27

what is a community sentence

Answer 27

community orders
a mix and match reqirements allowing it to fit to the individual d

Question 28

list some things that can be given as part of a community sentence

Answer 28

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

Question 29

what are the maxixmum fines that can be issued by the crown court

Answer 29

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

Question 30

what are the maximum fines issued by the magistrates court on each level ad how many levells are there

Answer 30

5 levels
1. maximum £100
2.£500
3.£1000
4.£2500
5. unlimited so long they stay within the limit of the particular offence

Question 31

what is a conditional discharge

Answer 31

given a time limit
if they reoffend within it = penalty
used when thought that punishment is not necessary

Question 32

what is an absolute discharge

Answer 32

no penalty
used when the offender is technically guilty but morely blameless
not often used

Question 33

when deciding a sentence what are aggravating factors

Answer 33

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

Question 34

what other factors do the courts also consider with aggravating factors

Answer 34

the offender being part of a group attacking the v
a v serving the public eg nurse
the fact the assault may be premeditated

Question 35

what does aggravating factors mean

Answer 35

factors that raise the severity of the punishment

Question 36

what does mitigating factors mean

Answer 36

factors that reduce the severity of the punishment

Question 37

give some examples if mitigating factors

Answer 37

if offender co-operates with the police
mental illnesses
d is a single parent
first offence
evidence of genuine remorse

Question 38

what is a discount sentence

Answer 38

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