The Legal System - criminal courts and lay people Flashcards
Criminal process: Jurisdiction in the Magistrates Court
- Tries all summary offences and some triable either way offences
- Plea before venue and mode of trial in either way offences
- Sentencing defendants if found guilty, powers are limited (reflects the seriousness of the crimes under its jurisdiction)
- To deal with the first hearing of all indictable offences, then are immediately sent to the crown court
- Dealing with preliminary matters connected to criminal cases i.e warrants for arrest, deciding bail applicants
- Hears cases in relation to 10-17 year olds in the Youth Court
Max sentence is 6 months/ 12 months where D is charged with two either way offences
Criminal process: Jurisdiction in the Crown Court
Deals with the most serious, indictable offences/ any triable either way offences that are sent for trial from Mag court
Judge sits alone to hear pre trial matters in cases at crown court, and where defendant pleads guility
Pleading not guilty - a jury is used to decide the verdict
Judge will:
- control the court
- rule on relevant issue of law
- direct the jury on the law and evidence
- impose a sentence if the defendant is found guilty
What are the three types of classification of an offence?
Indictable
Triable either way
Summary
Explain an indictable offence
The most serious offence
Administrative hearing in mag court then transferred to crown court for trial
e.g murder, manslaughter section 18 GBH
Up to a max set for the specific offence by common law/statute
Explain a triable either way offence
Offences that sit in between summary and indictable in terms of seriousness
(Plea before venue) mag court or crown court - trial
e.g theft section 20 wounding GBH, ABH
Up to max set for the specific offence
Explain a summary offence
Least serious offence
Magistrates court - trial
e.g common assault, driving without a licence/insurance
Up to 6 months imprisonment for single offence, or up to 12 months in total for two or more offences and/or fine, generally up to £5000
Explain the pre trial procedure for a summary offence
Most trials in mag court start with a first appearance at trial
However an adjournment of the trial could be needed and bail set when…
- CPS requires more time to prepare case
- D is unprepared and wishes to engage a solicitor
- Magistrates request pre-sentence reports on D who pleads guilty
- D pleads not guilty and wants to go to trial and e.g witnesses need to be called
Explain the pre trial procedure for a triable either way offence
Magistrate will ask D if they plead guilty/not guilty
A decision is made whether to hear the trial in that court or the crown court
Explain the pre trial procedure for an indictable offence
After an early administrative hearing in mag court, case is sent immediately to crown court to be dealt with by (usually) a single circuit judge
What is an appeal?
(what are they governed by)
If the defendant/prosecution is not happy with the decision in a case, there may be an appeal
- might be due to perceived errors of fact, law or procedure
Appeals are governed by the Criminal Appeals Act 1995
What is an appellant and a respondent?
Appellant - makes the appeal, disagrees with first instance court
Respondent - argues against the appeal, agrees with first instance court
What are the two types of appeal?
Appeal about sentence/conviction (common) crown court
Appeal on a point of law (rare) KBD of high court - legal error
Appeals from mag court to crown court:
State..
Who they are available to
Reason for the appeal
Appeal heard by
Further appeal possible?
Result of appeal
Available to only the defence
Reason for appeal - against sentence and/or conviction
Appeal is heard by a panel of a single circuit judge and two magistrates
Further appeal possible? - Generally no, but possible to appeal Kings Bench Division purely on a point of law
- also possible further appeal to supreme court
Result of appeal - appeal is quashed (reject as invalid), confirm appeal or remit case back to mag court
Case stated appeals from mag court to KBD
State…
Who they are available to
Reason for the appeal
Appeal heard by
Further appeal possible?
Result of appeal
Available to the prosecution and the defence
Reason for appeal - on a point of law by way of case started
Appeal is heard by a panel of two or three high court judges, which may include CoA judge
Further appeal possible? - possible appeal by prosecution/defence to supreme court on point of law of general public importance
- must have leave to appeal by either supreme court or KBD
Result of appeal - appeal quashed, confirm appeal or remit case back to mag court
Appeals from the crown court (1st way)
State…
By whom?
Reason for the appeal
Where heard?
Further appeal possible?
Result of appeal
By the defendant
Reason - rare, but possible - against sentence and/or (unsafe) conviction
It is heard in CoA within 6 weeks of conviction and must be granted permission
- fresh evidence can be heard at this appeal
Further appeal possible? - rare, but possible, to supreme court on a point of law of general public importance
- must have leave to appeal
Result of appeal - quashed or confirm appeal
Appeals from the crown court (2nd way)
State..
By whom?
Reason for appeal
Where heard?
Further appeal possible?
Result of appeal
By prosecution
Reason - against the acquittal of D if prosecution is unhappy with the decision, or by Attorney general to clarify a point of law relevant to the acquittal
It is heard in CoA
Further appeal possible? - rare, but possible, to the supreme court on a point of law of general public importance, must have leave to appeal
Result of appeal - quashed or confirm appeal
When can the prosecution appeal? (4)
Judge made error of law that led to defendant being acquitted
Defendant is acquitted because of jury nobbling
Defendant is acquitted but there is compelling evidence of guilt
Defendants sentence is too lenient
What are the 5 aims of sentencing under s142 criminal justice act 2003
Punishment
Deterrence
Rehabilitation
Public protection
Reparation
Describe deterrence as an aim of sentencing
Preventing people committing crimes in the future
General deterrence - putting the general public of committing crimes e.g harsh sentences imposed by magistrates following London riots in 2011
Individual deterrence - putting individuals off re-offending e.g detention centre order under CJA 1982
Describe public protection as an aim of sentencing
Aimed at preventing the offender from harming the public
Legal aid, sentencing and punishing of offences act 2012
Applies particularly to crimes of a violent or sexual nature - can be achieved by imposing custodial sentence, although prison is very expensive
LASPO - extended sentences where offender is a risk to public safety
- gives a mandatory life sentence for second serious violent/sexual crime
Community based sentencing can also protect public curfew
Describe reparation as an aim of sentencing
Also known as restorative justice is about offenders providing remedies to their victims/community
Victims can be paid compensation, receive letters of apology, and have a say in how the harm they have suffered can be put right
Offenders can also do unpaid work in the community
Describe rehabilitation as an aim of sentencing
To reform the offender and try to ‘cure’ their criminal behaviour
Aim results in a very individualised sentence addressing the needs of an offender (very different results on different people)
Describe punishment as an aim of sentencing
The idea the defendant deserves punishment for the crime
Contains revenge/retribution ‘an eye for an eye a tooth for a tooth’
S2 CJA 1992 - the punishment should reflect the severity of the crime
What are mitigating and aggravating factors
- give 4 examples for each
Mitigating - make a lenient sentencing more likely
- young defendant
- no previous convictions
- early guilty plea
- shows remorse
Aggravating - makes a harsher sentence more likely
- crime onto vulnerable victim
- previous convictions
- racially motivated/gang activity
- offence committed on bail
What are the four types of sentence?
Custodial (imprisonment)
Community based
Fines (non custodial)
Discharge
Who are lay people?
In the criminal justice system, either magistrates or juries, they ‘lay’ in this circumstance meaning legally unqualified
Who is a magistrate? (lay people)
Volunteer citizens who work as unpaid (except for expenses) judges in mag court and youth court
- they deal with the vast majority of criminal cases
Who is a jury ? (lay people)
Local people drawn from the electorate, who decide the guilt of offenders in the crown court
- only around 2% of criminal trials use juries
Qualification of a magistrate..
Aged over 18 and under 65 but can retire at 70
Must demonstrate six key qualities:
- good character
- understanding and communication
- social awareness
- able to think logically
- mature and have a sense of fairness
- commitment and reliability
No formal qualification/legal training require beforehand
Willingness to take oath of allegiance
Role of magistrates..
They work in a ‘bench’ (team) of three. One of the three will be the chairperson of the bench
Try summary and relevant either way offences (less serious cases)
Sentence guilty defendants
Bail applications
Fine enfoorcement
Commit serious cases to crown court
Role of magistrates..
They work in a ‘bench’ (team) of three. One of the three will be the chairperson of the bench
Try summary and relevant either way offences (less serious cases)
Sentence guilty defendants
Bail applications
Fine enforcement
Commit serious cases to crown court
Issue bench warrants
Preliminary hearings i.e administrative hearings for indictable offences
Selection of magistrates..
Recruited and selected by a network of 14 local advisory committees made up of serving magistrates and local non magistrates
Satisfactory character references sought before appointment
Rigorous training if selected
Two interviews before a recommendation to appoint an individual is made to senior presiding judge
Appointment of magistrates..
Crime and Courts Act 2013 - statutory powers to appoint magistrates is by Lord Chief Justice
- delegates the function to senior presiding judge for England and Wales
Qualification of a jury..
Aged 18-75
Registered as a parliamentary or local government elector
Resident in the UK for 5 years from the age of 13
Not subject to provisions under mental health act
Not disqualified from jury service e.g person on bail
Selection/appointment of a jury..
Summons issued by Jury central summonsing bureau from electoral register (random selection)
- identity checked, 15 chosen at random and then 12 are randomly selected
- sworn in
Jury vetting - DBS check is automatically carried out to check no one is disqualified - practice approved in R v Mason 1980
- authorised check may be carried out by approval of attorney general - is this where only the case concerns a matter of national security
Once jury is sworn in , individual jurors/entire jury can be challenged by the prosecution/defence
Role of a jury..
(key case)
- Sit in the crown court as a panel of 12 people
- Listens to judges summing up
- Listens to evidence and submissions from the barristers
- Decides the facts of the case
- Apply the law, as explained to them by the judge to the facts
Independent without fear of pressure from the judge to either convict, decide a verdict quickly (Bushell’s case 1670)
- After judge sums up the case they retire to jury room
- Secret discussion in order to come to their verdict
- Verdict will be guilty/not guilty based on facts
- Are allowed a majority verdict (at least 10)
Foreman of jury will then make public announcement of verdict in open court
Give four advantages of using juries in criminal cases
Public confidence
Impartiality
Open system of justice
Jury equity
Explain why an advantage of using juries in criminal cases is public confidence
Trial by your peers is considered to be one of the fundamentals of a democratic society, bastion of liberty against the state (there can be faith in the system)
Explain why an advantage of using juries in criminal cases is impartiality
A jury should be impartial as it is not connected to anyone in the case
The process of random selection should result in a cross section of society and so should lead to an unbiased jury. No one single juror is responsible for the decision
Explain why an advantage of using juries in criminal cases is open system of justice
The use of a jury system is seen as making the legal system more open
Justice is seen to be done as members of the public are involved in key roles and the whole process is public
Explain why an advantage of using juries in criminal cases is jury equity
Since jurors are no legal experts they don’t have to follow the precedent of past cases or even acts of parliament and do not have to give reasons for their verdict
As such they decide cases on their idea of ‘fairness’ (R v Pointing) - acquitted by the jury
Give four disadvantages of using juries in criminal cases
(an extra?)
Jury tampering
High acquittal rates
Language barriers Extra - slow and expensive and unpopular
Racial bias
Explain why a disadvantage of using juries in criminal cases is jury tampering
In some cases friends of the defendant may try to interfere with the jury
- this may be bribing jury members to bring in a not guilty verdict or by making threats to jury members
- in such cases police may be used to protect jurors but this may not be effective as it removes police from their other work
Explain why a disadvantage of using juries in criminal cases is high acquittal rates
Juries often criticised for acquitting too many defendants
- 60% of those who plead not guilty at the crown court are acquitted
Explain why a disadvantage of using juries in criminal cases is a language barrier
Due to some language barriers, some jury members may not understand the information that is presented to them in order to make a decision
- this lack of understanding or error can lead to outcomes that are incorrect or unjust
Explain why a disadvantage of using juries in criminal cases is racial bias
Although jurors have no interest in the case and there is 12 of them, jurors may still be prejudiced which can affect the verdict
Some jurors may be biased against the police (which is why those with criminal convictions are disqualified from being a juror)
Judges have some discrimination training, jury do not
EXTRA: Why is a disadvantage of using juries in criminal cases is that it is slow and expensive
And that it is unpopular?
Having to explain points of law increases the time taken and cost of the judges and legal personnel
The compulsory nature means many jurors would rather not serve due to its impact on their work or family life
