Lay Magistrates, Criminal Courts And Sentencing Flashcards
Disadvantages of Juries
Perverse Decisions:
- A decision based on ‘jury equity (fairness) can be seen as a perverse decision because one they are not following the law (R v Kronlid and Others 1996).
Secrecy:
- Secrecy can be seen as a disadvantage as well as an advantage. No reasons have to
given for a verdict. There is therefore no way of knowing if the jury came to their decision for the right reasons (In R v Mizra 2004).
- Two exceptions where a court can inquire into the conduct of the jury in coming to the verdict:
1. If they use another method to come to their decision.
2. If extra material is brought into the jury room.
Media Influence:
Even though jurors and not supposed to be influenced, media coverage can influence jurors especially in high profile cases (R v West 1996)
Bias:
Although jurors have no direct interest in a case, and despite the fact there are 12 of them, they may still have some prejudices which can affect the verdict.
Advantages of Juries
Judgement by Peers and Public Confidence
- Juries allow ordinary citizens to take part in the administration of justice, so verdicts are seen to be those of society rather than of the judicial system.
Jury Equity
- Juries are not legal experts so are not bound to fallow the law, nor do they have to give reasons for their verdict. They can decide their verdict on their idea of fairness or what is called ‘jury equity’.
(Pontings Case 1984).
Open System of Justice
- The use of a jury is viewed as making the legal system more open. Justice is seen to be done as members of the public are involved in a key role and the whole process is public.
- It also helps keep the law clearer as points have to be explained to the jury.
Secrecy of the jury room
- Jurors are free to make their decisions without pressure from outside influences when deciding on a verdict.
- It has been suggested that people would be less willing to serve on a jury if they knew that their discussions would be made public.
Impartiality
- A jury should be impartial as they are not connected to anyone else in the case and it is made up of 12 different people who have been randomly selected.
Criminal Courts
The Supreme Court
The Court of Appeal
Criminal Division Civil Division
High Court
Queen’s Chancery Family
Bench Division Division
Division
Crown Court County Court
The Magistrates Court
Classification of Criminal Offences
Summary:
Starts and finishes in the magistrates (assault, battery).
Triable Either Way:
Can be dealt with in the magistrates or the crown court (S47, S20, theft).
Indictable:
Starts in magistrates and always go to crown court (S18, murder).
Triable Either Way Offences and Procedure
D attends MC and pleads guilty / not guilty
Route One:
Guilty plea
- Magistrates can sentence if they feel their powers are sufficient.
- If they don’t feel their powers are sufficient, they can send to the crown court for sentencing.
Route Two:
Non guilty plea
- Mags decide whether to accept jurisdiction- do they have the power to deal with the case? Is it too complex?
- If mags don’t accept case it is sent to the crown court.
- If mags accept jurisdiction- D chooses between summary trial & mags or jury trail at CC.
- D chooses jury trial case is sent to the CC.
- If found guilty sentenced at the CC.
Jurisdiction of the Magistrates Courts and Crown Courts.
The Magistrates Court:
- try all summary offences
- try any triable-either-way offences in which the mags agree to jurisdiction and where the defendant agrees to a summary trial.
- deal with the preliminary hearings of any TEW offences to be heard at the crown court.
- deal with the preliminary hearings for all indictable offences.
- deal with side matters connected to criminal cases such as issuing warrants for arrests and issuing bail applications.
- try cases in the youth court where defendants are aged 10-17.
The Crown Court:
- deal with triable either way offences where the defendant elected to be tried in the CC, or where the mags have decided the case is too serious for them and sent it to the CC.
- they deal with all indictable offences.
- they can hear appeals from the mags court.
Appeal Routes: Magistrates
The Supreme Court
^ Available to both parties but
only where a point of law of
general public importance is
involved.
The Queen’s Bench
^ Case stated appeal:
Defence: against conviction
Prosecution: against an
acquittal
The Crown Court
^ Defence only:
Guilty plea: against sentence
Not guilty plea: against
sentence and/or conviction.
The Magistrates Court
(From Magistrates, you can either go straight to the Queen’s Bench or go to the Crown Court then the Queen’s Bench)
Appeal routes from the Magistrates and the Crown Court
Appeals can be hade from both the magistrates and crown court by both the prosecution and defence. Where a case goes on appeal depends on where the original case was heard and the grounds of the appeal.
Appeals from the Magistrate Court:
Route one:
Appeals from the Magistrates Court to the Crown Court are only available to the defence. If the defendant pleaded guilty at the Magistrates Court, they can only appeal against sentence. If he pleaded not-guilty, they can appeal against both conviction and sentence. In both cases they have an automatic right appeal, they don’t need to get leave to appeal (permission).
At the Crown Court the case is reheard by a judge and two magistrates. They can agree with the original decision or reverse it. Sometimes they can change the decision and find the defendant guilty of a lesser offence.
If a point of law is to be decided then the Crown Court can decide that point of law or it can be appealed to the Administrative Court of the QBD.
Route two:
Appeals from the Magistrates Court to the Queen’s Bench Division (QBD) can be made by both the prosecution and the defence. This route is only used by the defence against a conviction or by the prosecution against an acquittal in situations where they claim the magistrates made a mistake about the law and came to the wrong decision. From the BD, a further appeal can be made to the Supreme Court if the QBD certifies that a point of law of general public importance is involved.
Appeal Routes: Crown Court
The Supreme Court:
^ Available to the prosecution
and defence, but only where
a point of law of general
public importance is involved.
Court of Appeal:
(Criminal Division)
^ Prosecution: against a judges
ruling or acquittal / unduly
lenient sentence.
Defence: against conviction
and / or sentence.
The Crown Court
Appeals from the Crown Court: Defence
A defendant can appeal against conviction and/or sentence to the Court of Appeal. The Criminal Appeal Act 1955 States that the Court of Appeal should allow an appeal where they think the conviction is unsafe. If the Court of Appeal decides it is unsafe, they can quash it or vary the corviction to a lesser offenue: If the appealis against sentence, the court can decrease it but not increase it on appeal. If they decide it is safe, they will dismiss the appeal.
Appeals from the Crown Court: Prosecution
1) Against a judge’s ruling - If a judge gives a ruling on a point of law that stops the case against the defendant, the prosecution have the right to appeal against the ruling. It makes sure that an error of law by the judge does not lead to an acquittal.
2) Against acquittal - There are two situations where this can occur:
a) Where the jury was nobbled (if jurors are bribed or threatened by the defendant’s associates). If there is a conviction for jury nobbling the judge can order a re-trial.
b) Where there is new and compelling evidence of the acquitted person’s guilt and it is in the public’s best interests for the defendant to be retried.
Both the prosecution and defence may appeal from the Court of Appeal to the Supreme Court, but it must be on a point of law of general public importance.
Aims of Sentencing:
Set out in the Criminal Justice Act 2003.
Retribution / Punishment:
sentence should be given in proportion to the crime committed (life imprisonment for murder)
Deterrence:
Individual - intended to insure that the offender does not reoffend.
General - aimed at preventing other potential offenders from committing crimes.
Both aimed at reducing future levels of crimes (revoking driving licence for first time driving offences in teenage years).
Rehabilitation:
Aim is to reform the individuals character and rehabilitate them into society. Aims to reduce crimes (giving opportunity to attend drug / alcohol treatment programs or anger management).
Protection of the public:
Public needs to be protected from dangerous offenders (life or long term imprisonment to those who commit murder).
Reparation:
aimed at compensating the victim of the crime usually by ordering the offender to pay a sum of money to the victim or to make restitution (unpaid work).
Powers of criminal courts:
Custodial
Community Order
Custodial Sentences:
Mandatory Life - the starting points range from a full life down to 12 years (guilty of murder).
Discretionary life (S.18) - maximum sentence is life but judge does not have to impose it. He has discretion and can give a lesser sentence where appropriate.
Fixed Term - length of sentence depends on circumstances. Prisoners don’t serve the whole time in prison, automatically released after they’ve served half.
Suspended - can be given a suspended sentence up to two years. If during this time, the offender commits again the sentence is activated and they serve that sentence as well as the new sentence.
Community Order:
Courts can mix and match different elements / requirements to suit the offender. They are set out in the Criminal Justice Act 2003.
Aims of sentencing (part two):
Fine:
Offences in the mags court are set at 5 different levels with a max fine at each level:
L1 - £200
L2 - £500
L3 - £1000
L4 - £2500
L5 - unlimited
Discharge:
Conditional - discharged on condition they do not reoffend. Used mainly for 1st time offenders.
Unconditional - no penalty imposed.
Maximum powers:
Other powers of the court:
- Disqualifying a defendant from driving for certain length of time
- A compensation order: The court can order the defendant to pay a sum of money to the victim of the crime.
- Forfeiture order: This orders that certain property in the possession of the offender be taken away from him.
