The Legal System - Criminal Courts + Lay People Flashcards
Types of offences
. Summary offences (least serious e.g. driving offences, common assault.) Tried in Magistrates court.
. Triable-either-way offences (middle range crimes e.g. theft, assault causing actual bodily harm). Tried in either magistrates or crown court.
. Indictable offences (most serious crimes e.g. murder, rape, manslaughter). Tried in crown court.
What is the Crown Prosecution Service (CPS) and when do they convict?
They prosecute criminal cases that have been investigated by the police. They do so if there is strong enough evidence to convict and if it’s in the public interest.
Pre-trial procedures
. Defendant will plead either guilty or not guilty
. If guilty the magistrates will decide if it’s within their sentencing powers, if not they will send the case to the crown court.
. If not guilty they will ask the defendant if they want their trial heard in the crown court or magistrates.
What is retribution
The punishment should fit the crime. Should also be a sense that the victim and society are avenged.
What are aggravating factors when sentencing
Looking at how serious the crime was.
Previous convictions, group crime, was the victim vulnerable (kids, old people)
What are mitigating factors in sentencing
Allows the court to give lighter sentences.
Mental illness, evidence of genuine remorse (actually sorry)
What is a mandatory life sentence
The only sentence a judge can impose for murder. However can vary the amount actually spent in prison.
What are community orders
Non prison sentencing e.g: . Fines . Unpaid work . Curfew . Required Mental health treatment
What is a Case-stated appeal
When there’s belief the magistrate has got the law wrong
What are lay magistrates
Non- legally qualified people aged between 18-65. Can only impose a prison sentence of up to 6 months. If the case they get is outside their sentencing powers they have to pass it on to the crown court. They have a magistrates clerk who is their legal advisor.
Routes to becoming a solicitor
. A-levels . Law degree . Legal practice course . Two year training period Or…. . GCSE’s . ILEX higher diploma . Legal practice course . Become a fellow of ILEX for 5 years
All I know about barristers
. They work independently but must be part of 1 of the 4 ‘inns of court’.
. Cab rank rule, must take the first case that comes to them unless it’s not within what they’re trained for.
