Criminal Courts

Question 1

Which courts deal with criminal cases ?

Answer 1

Crown
Magistarte

Question 2

What matters dealt with at magistrate ?

Answer 2

Preliminary matters and sent to appropriate court

Question 3

what courts are appeals heard at?

Answer 3

Crown
High
COA
Supreme

Question 4

Where does sentencing occur?

Answer 4

Magistrate
Crown

Question 5

what happens in magistrate court?

Answer 5

cases decided and sentences made by lay magistrate

Question 6

what happens in crown court ?

Answer 6

cases heard by judge and jury

Question 7

what are three type of offence ?

Answer 7

summary
triable either way
indictable

Question 8

explain summary offence

Answer 8

less serious
tried at magistrate

Question 9

explain triable either way offence

Answer 9

tried at magistrate or crown court depending on circumstances

Question 10

explain indictable offence

Answer 10

most serious
tried in crown court

Question 11

explain briefly process of court

Answer 11

1) case heard at magistrate court or crown court
2) if D plead guilty sentenced
3) if D plead not guilty trial held and verdict of guilty or not guilty would be made
4) decision can be contested by appeal to higher court

Question 12

what is courts aim?

Answer 12

to reduce crime by making people not offend or reoffend

Question 13

what is specific deterrent ?

Answer 13

applies to individual and aim to deter that individual from deterring

Question 14

what is general deterrent ?

Answer 14

sentence aimed at public to deter everyone from committing that crime

Question 15

what are aggravating factors ?

Answer 15

factors that make offence more serious

Question 16

example of aggravating factors

Answer 16

weapons
premeditated
vunerable victim
previous convictions

Question 17

what are mitigating factors ?

Answer 17

factors that court take into account , D may receive less serious sentence

Question 18

what are example of mitigating factors ?

Answer 18

previous good character
personal circumstances
shown remorse

Question 19

what are the 4 types of sentence ?

Answer 19

1) discharge
2) fine
3) community sentence
4) custodial

Question 20

what is discharge ?

Answer 20

D convicted of offence but courts say punishment isn’t necessary

Question 21

two types of discharge

Answer 21

absolute
conditional

Question 22

explain conditional discharge

Answer 22

offender has criminal record
no further action if no office is committed within 3 yrs

Question 23

explain absolute discharge

Answer 23

criminal record
no further action is ever taken

Question 24

explain fine

Answer 24

offender pays financial penalty

Question 25

what is max fine from magistrate

Answer 25

5000

Question 26

maximum fine from crown court

Answer 26

no max

Question 27

what happened if fine not paid

Answer 27

may go to prison

Question 28

explain community sentence

Answer 28

alternative to prison rehabilitating process tailored to individual have to be 16 plus

Question 29

example of community sentence

Answer 29

1) unpaid work e.g litter pick 2) curfew 3) activities limited e.g town centre 4) drug and alcohol treatment

Question 30

explain custodial sentence

Answer 30

only imposed for serious crimes to protect public

Question 31

4 types of custodial sentence

Answer 31

1) mandatory life sentence 2) discretionary life sentence 3) fix term sentence 4) suspended sentence

Question 32

appeal at courts

Answer 32

just goes to higher court than already tried in and they reassess case and decide outcome