Criminal courts and lay people

Question 1

Criminal court process

Answer 1

• 2 courts : magistrates and crown
• two choices: plead guilty or not guilty
• guilty: sentenced
• not guilty: court hearing

Question 2

Prosecution

Answer 2

• The CPS advises the police initially on which offence to charge
• Direct the police with which evidence they need to obtain
• Present the case in court to prove guilt beyond reasonable doubt

Question 3

Defendant

Answer 3

Charged with criminal offence

Question 4

Magistrates Court

Answer 4

• All summary cases
• Any TEW cases that can be tried in MC
• First hearing of indictable offences
• Deal with preliminary matters
• Try all youth cases

Question 5

Crown Court

Answer 5

• Deal with all indictable and TEW cases sent from MC
• Judge sits alone to hear pre-trial matters

Question 6

Summary offences

Answer 6

• Least serious offences
• Subdivided into different levels with maximum fines
• Level 1: £200
• Level 2: £500
• Level 3: £1000
• Level 4: £2500
• Level 5: unlimited

Question 7

TEW offences

Answer 7

• Middle range of crimes
• Tried in either MC or CC
• Guilty plea -> MC
• Non guilty plea -> CC
• If defendant is fount guilty in MC they will be sent to CC for sentencing (if MC can not impose adequate sentence)
• CC judge can impose any sentence up to the maximum for that offence

Question 8

Indictable offences

Answer 8

• Most serious offences
• Only tried in CC
• Non guilty plea -> jury used
• Guilty plea: Judge imposes sentence
• Impose any sentence up to maximum for that offence

Question 9

Pre trial Summary

Answer 9

• Aimed to be completed at earliest point
• First hearing: information is taken about the defendant (over 90% plead guilty)
• Non guilty plea will lead to a trial

Question 10

Pre trial TEW

Answer 10

• Plea before venue
• guilty -> resolved in MC
• non guilty -> mode of trial
• If the case is complex -> CC
• If CC trial is chosen, pre trial matters will take place

Question 11

Pre trial Indictable

Answer 11

• First hearing in MC
• Further PT matters are dealt with in CC by one judge
• Prosecution must disclose any evidence they intend to use
• And any material that may undermine their case
• Defendant will give a written statement

Question 12

MC appeals

Answer 12

• Appeal to CC
• case-stated appeals

Question 13

MC: appeal to CC

Answer 13

• Defendant plea guilty: appeal against sentence
• CC can confirm, decrease or increase sentence
• Non guilty plea: appeal against conviction and/or defence
• They can confirm sentence/conviction or find D guilty of lesser sentence

Question 14

Case-stated appeals

Answer 14

• Appeals on points of law that go to KBD
• Either from MC or CC
• Prosecution and defence can use this route
• 2-3 Judges hear the appeal
• KBD can confirm, vary or reverse the decision
• Fewer than 100 per year

Question 15

Appeals from CC

Answer 15

• Appeals travel up the hierarchy: CC, COA, SC
• Appeals can be made against the sentence and/or conviction
• COA can vary the conviction to a lesser offence, decease or dismiss the appeal

Question 16

Types of Sentencing

Answer 16

• Custodial
• Community
• Fines
• Discharges

Question 17

Custodial sentences

Answer 17

• Most serious punishment
• Most serious criminal cases
• Can sentence: mandatory life, discretionary life, fixed term and suspended

Question 18

Community order

Answer 18

• Offence is not serious enough for a custodial sentence
• Community service work

Question 19

Fines

Answer 19

• Most common sentence in MC
• Must take into account the income and assets of the offender

Question 20

Discharge

Answer 20

• under the condition that offender commits no further offence for 3 years
• or when the offender is guilty but morally blameless

Question 21

Aims of sentencing

Answer 21

• Punishment
• Reduction of crime
• Rehabilitation
• Protection of the public
• Reparations to the victims

Question 22

Aims of Sentencing: Punishment

Answer 22

• Defendant deserves to be punished for offence
• Include a starting point and a range
• Set out agrivating and mitigating factors

Question 23

Sentencing: Reduction of Crime

Answer 23

• Individual deterrence: offender does not reoffend
• General deterrence: prevents others from committing the crime

Question 24

Sentencing: Rehabilitation

Answer 24

• Reform the offender and introduce them back into society
• Change offenders behaviour so they do not reoffend
• However creates inconsistency in sentencing and prejudices against offenders from poor backgrounds

Question 25

Sentencing: Protection of Public

Answer 25

• Long term sentences are the most effective way to reduce reoffending • Must serve a minimum of 12 months • Curfews can be put in place to protect the public • Electronic tags can be used to track an offenders location • Driving bans for those who commit driving offences

Question 26

Sentencing: Reparations

Answer 26

• Through compensation • Returning stolen goods

Question 27

Factors of sentencing (courts)

Answer 27

• consider aggravating and mitigating factors to determine sentence Main factors: • pre-sentence reports • medical reports • sentencing guidelines • reduction in sentence (guilty plea) • offenders background

Question 28

Factors: pre-sentence report

Answer 28

• Prepared by probation service • detail offenders background • explain the reason crime was committed

Question 29

Factors: medical report

Answer 29

• offender may have medical or psychiatric problems, doctors evidence needed • can reduce charges

Question 30

Factors: sentencing guidelines

Answer 30

• The Sentencing Council was created in 2010 to create consistency • Develops guidelines • Assessing the impact of guidelines • Promoting awareness • Publishing information about sentencing to the courts

Question 31

Factors: offenders background

Answer 31

• If offender has previous convictions -> aggravating factor • No precious convictions -> mitigating • Financial situation -> suitable to impose a fine • Mental health issues

Question 32

Lay people

Answer 32

• Not legally qualified

Question 33

Lay Magistrates: qualifications

Answer 33

• Aged between 18-65, retiring at 70 • Must live/work near to the local justice area • Must commit to sitting 26 half days a year (excluding training)

Question 34

Lay Magistrates: characteristics

Answer 34

• good character • understanding • social awareness • maturity • sound judgement • commitment

Question 35

Lay Magistrates: Dis-qualifications

Answer 35

• serious criminal conviction • undischarged bankrupts • members of armed forces or police • relatives of those working in criminal justice system • hearing is impaired or physically/mentally weak • close relatives to other magistrates on same bench

Question 36

Lay Magistrates: selection

Answer 36

•1200 new magistrates are appointed every year • applicants must fill out an application form • first interview reviews the 6 characteristics • second interview tests judicial ability

Question 37

Lay Magistrates: appointment

Answer 37

• Local Advisory Committee will interview candidates

Question 38

Lay Magistrates: role

Answer 38

deals with: • summary offences • some TEW offences • preliminary hearings • some civil cases •youth court cases

Question 39

Jurors: qualifications

Answer 39

• aged between 18-76 • on the electoral role • a resident of the UK or for at least 5 years since 13th birthday

Question 40

Jurors: disqualifications

Answer 40

• Under a mental health order or in hospital • Serving mandatory life • Detained for an indefinite period of time • Imprisoned for protection of public • Extended sentence • Imprisonment for 5 years or longer

Question 41

Jurors: discharge

Answer 41

• lack of capacity • hearing impairment • discretionary excusals • members of the forces

Question 42

Jurors: selection

Answer 42

• selected at random from electoral role • must notify the court if they cannot attend • must be available to sit for 2 weeks • jurors may be asked to sit longer

Question 43

Jurors: vetting

Answer 43

• DBS • authorised jury checks

Question 44

Jurors: role

Answer 44

• Decide whether a defendant is guilty or not guilty • Jury trials are only used in 1% of the cases • give their verdict after hearing the facts of the case (including evidence) • majority verdict (10 to 2) • majority verdict are required due to nobbling

Question 45

Advantages: Juries

Answer 45

• provides public confidence • concept of jury equity • open justice system • secrecy of decisions • impartiality • representative nature

Question 46

Disadvantages: Juries

Answer 46

• Perverse decisions • Selection of juries • Secrecy of jury room • Events outside jury room • Extraneous material • Media influence • Bias • Use of internet • Fraud trials • Jury tampering • High acquittal rates • Process of jury service