Criminal Courts & Lay People (Paper 1) Flashcards
The two criminal trial courts
Magistrates’ and Crown Court
Three types of criminal offence
Summary, triable either way, indictable
Summary offences
Least serious offences, only tried in the Magistrates’ Court. Maximum fine is £5,000, and maximum sentence is 6 months in prison. Examples include speeding and common assault
Triable either way offences
Medium serious offences, tried in either the Magistrates or Crown Court. Magistrates will send case to the Crown Court if it is too serious for them, or D will be asked which court they would like the trial to be heard with. Examples include section 20 GBH and theft
Indictable offences
Most serious offences, only dealt with by the Crown Court. Maximum fine is unlimited and maximum prison sentence is life. Examples include murder and s 18 GBH
Role of Magistrates
Try all summary cases, try some triable either way cases, deal with the first hearing for all indictable offences, deal with side issues connected to criminal cases, such as issuing arrest warrants and checking bail applications
Three reasons why there may be an appeal
On conviction, sentence, or a point of law
Act of Parliament which sets out the aims of sentencing
Section 142 Criminal Justice Act 2003
The aims of sentencing
Retribution, incapacitation, deterrence, rehabilitation, reparation
Factors behind sentencing
Aggravating and mitigating factors
Aggravating factors
Make the sentence more severe
Mitigating factors
May lessen the sentence
Types of sentences
Custodial, community, fines, discharges
Role of juries
Sit in the Crown Court, only try about 1% of cases, listen to the evidence, reach a verdict
Advantages of juries
Jury equity, panel of 12, cheap
