The Legal System - criminal courts and lay people

Question 1

Criminal process: Jurisdiction in the Magistrates Court

Answer 1

• 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

Question 2

Criminal process: Jurisdiction in the Crown Court

Answer 2

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

Question 3

What are the three types of classification of an offence?

Answer 3

Indictable
Triable either way
Summary

Question 4

Explain an indictable offence

Answer 4

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

Question 5

Explain a triable either way offence

Answer 5

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

Question 6

Explain a summary offence

Answer 6

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

Question 7

Explain the pre trial procedure for a summary offence

Answer 7

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

Question 8

Explain the pre trial procedure for a triable either way offence

Answer 8

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

Question 9

Explain the pre trial procedure for an indictable offence

Answer 9

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

Question 10

What is an appeal?
(what are they governed by)

Answer 10

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

Question 11

What is an appellant and a respondent?

Answer 11

Appellant - makes the appeal, disagrees with first instance court

Respondent - argues against the appeal, agrees with first instance court

Question 12

What are the two types of appeal?

Answer 12

Appeal about sentence/conviction (common) crown court

Appeal on a point of law (rare) KBD of high court - legal error

Question 13

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

Answer 13

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

Question 14

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

Answer 14

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

Question 15

Appeals from the crown court (1st way)
State…
By whom?

Reason for the appeal

Where heard?

Further appeal possible?

Result of appeal

Answer 15

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

Question 16

Appeals from the crown court (2nd way)
State..
By whom?

Reason for appeal

Where heard?

Further appeal possible?

Result of appeal

Answer 16

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

Question 17

When can the prosecution appeal? (4)

Answer 17

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

Question 18

What are the 5 aims of sentencing under s142 criminal justice act 2003

Answer 18

Punishment
Deterrence
Rehabilitation
Public protection
Reparation

Question 19

Describe deterrence as an aim of sentencing

Answer 19

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

Question 20

Describe public protection as an aim of sentencing

Answer 20

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

Question 21

Describe reparation as an aim of sentencing

Answer 21

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

Question 22

Describe rehabilitation as an aim of sentencing

Answer 22

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)

Question 23

Describe punishment as an aim of sentencing

Answer 23

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

Question 24

What are mitigating and aggravating factors
- give 4 examples for each

Answer 24

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

Question 25

What are the four types of sentence?

Answer 25

Custodial (imprisonment)
Community based
Fines (non custodial)
Discharge

Question 26

Who are lay people?

Answer 26

In the criminal justice system, either magistrates or juries, they ‘lay’ in this circumstance meaning legally unqualified

Question 27

Who is a magistrate? (lay people)

Answer 27

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

Question 28

Who is a jury ? (lay people)

Answer 28

Local people drawn from the electorate, who decide the guilt of offenders in the crown court
- only around 2% of criminal trials use juries

Question 29

Qualification of a magistrate..

Answer 29

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

Question 30

Role of magistrates..

Answer 30

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

Question 31

Role of magistrates..

Answer 31

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

Question 32

Selection of magistrates..

Answer 32

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

Question 33

Appointment of magistrates..

Answer 33

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

Question 34

Qualification of a jury..

Answer 34

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

Question 35

Selection/appointment of a jury..

Answer 35

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

Question 36

Role of a jury..
(key case)

Answer 36

• 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

Question 37

Give four advantages of using juries in criminal cases

Answer 37

Public confidence

Impartiality

Open system of justice

Jury equity

Question 38

Explain why an advantage of using juries in criminal cases is public confidence

Answer 38

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)

Question 39

Explain why an advantage of using juries in criminal cases is impartiality

Answer 39

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

Question 40

Explain why an advantage of using juries in criminal cases is open system of justice

Answer 40

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

Question 41

Explain why an advantage of using juries in criminal cases is jury equity

Answer 41

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

Question 42

Give four disadvantages of using juries in criminal cases
(an extra?)

Answer 42

Jury tampering

High acquittal rates

Language barriers Extra - slow and expensive and unpopular

Racial bias

Question 43

Explain why a disadvantage of using juries in criminal cases is jury tampering

Answer 43

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

Question 44

Explain why a disadvantage of using juries in criminal cases is high acquittal rates

Answer 44

Juries often criticised for acquitting too many defendants
- 60% of those who plead not guilty at the crown court are acquitted

Question 45

Explain why a disadvantage of using juries in criminal cases is a language barrier

Answer 45

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

Question 46

Explain why a disadvantage of using juries in criminal cases is racial bias

Answer 46

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

Question 47

EXTRA: Why is a disadvantage of using juries in criminal cases is that it is slow and expensive

And that it is unpopular?

Answer 47

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