Criminal courts and lay people

Question 1

What is the classification of offences and what is it given by?

Answer 1

Criminal Law Act 1997

Summary - Least serious, typically less than £500 crim dmg, shoplifting less than £200, common assault, etc.

Triable Either Way - Tried either at Mags or Crown Court. Theft, ABH, etc. Can be sent to Crown for sentencing if the crime exceeds what the Magistrates thinks it will need.

Indictable - Most serious eg rape, murder, etc, only the preliminary is heard at the Magistrates court.

Question 2

Describe the basic facts of the Magistrates Court

Answer 2

A court of first instance only
Cases heard by three Magistrates or one DJ
Court tries & sentences 97% of Crim cases
Legally qualified clerk assists

Question 3

What are the sentencing powers of the Magistrates Court?

Answer 3

Summary - Max £5000 fine and/or up to 6 months imprisonment
TEW - Two or more offences max 12 months imprisonment

Question 4

What is the Criminal Jurisdiction of the Magistrates Court?

Answer 4

1) Trial of summary & Some TEW cases
2) Verdict & sentence
3) Mode of trial for TEW cases
4) Bail applications
5) Search and arrest warrants
6) Indictable offences (Magistrates may grant bail at first hearing then send to Crown)
7) Youth Court

Question 5

Where is the place of trial for Youths (10-17)?

Answer 5

Heard in Youth Court.
3 JPs one fem and one male.

Appropriate adult should be present.
Indictable offences may be tried summarily, but they can move to Crown if they are grave eg murder, manslaughter, rape

Question 6

What was the case of Thompson and Venable?

Answer 6

Abducted & murdered child, human rights such as right to a fair trial breached so each were compensated Venables 29,000 and Thompson 10,000. The tariff is now set by the Sitting Judge.

Question 7

What is the most famous Crown Court?

Answer 7

The Old Bailey

Question 8

What is the Criminal Jurisdiction of the Crown Court?

Answer 8

1) Trial of all indictable offences
2) Trial of some TEW
3) Hears TEW cases referred by mgs for sentence
4) Hears Appeals from Mags Court (one judge + 2 mags)

Question 9

What is the two part test for prosecution by the CPS?

Answer 9

1) Is there enough evidence?
2) Is there public interest to bring the case to Court?

Question 10

What is the pre-trial procedure for Summary Offences?

Answer 10

First hearing Mags Court & Trial in Mags Court.
Bail, legal aid and timetable hearings.

Defendant enters plea if pleads guilty. Moves onto sentencing.
If pleads not guilty the trial commences.

Question 11

What is the pre-trial procedure for Indictable cases?

Answer 11

First hearing mags court but trial at Crown. Bail, legal aid & timetable hearings happen at Mags where they then send the case to Crowns.

Question 12

What is the pre-trial procedure for TEW cases?

Answer 12

Decision has to be made where it will be tried

Criminal Procedure & Investigation Act 1996

Question 13

What is the Procedure of a Magistrates Court?

Answer 13

1) D pleads guilty or NG (Plead before venue)

2) If pleading guilty mags sentence although they may refer to Crown for sentencing if it needs a harsher sentence.

3) If not, there is mode of trial election:
Prosecution & Def suggest suitable method
Magistrates decide if case is suitable for them to look at

It depends on the seriousness of the case, their powers of punishment and the prosecution and defence submissions.

If magistrates do not accept jurisdiction they send it to the crown court for trial. If they do accept Defendant can decide where to go depending on whether they want Trial by Jury.

If D agrees to Mags sentence may still be imposed by Crown Court if Mags decide powers are insufficient.

Question 14

What did the CJ (MOT) Bill 2002 do?

Answer 14

Tried but failed to remove D’s right to choose Jury trial

Question 15

What are the advantages of Trial by Jury in the Crown Court?

Answer 15

-Higher Acquittal rate with Jury trials. Lawyer advice for D.
-Judge discharges Jury & directs Not Guilty
-Lawyers have certificate of advocacy in Crown Court - more experienced.
-Trial by peers (Magna Carta)

Question 16

What are the disadvantages of Trial by Jury in the Crown Court?

Answer 16

-Longer wait
-Higher sentence
-More intimidating
-More expensive
-More publicity

Question 17

What is the Summary Trial Procedure?

Answer 17

1) Charge is read out
2) Defendant enters plea
3) If D pleads guilty what happens next?
4) If D not guilty what happens next?
5) Prosecution opening speech (No closing), Prosecution evidence: Examination-in-chief of pros witnesses. Defence cross-examine. Prosecution may re-examine.
6) D may claim no case to answer if evidence thin.
7) D evidence presented and witnesses called for examination-in-chief. P may cross examine and D may re-examine.
8) Closing speech by D then verdict.

Question 18

What is the Indictable trial procedure?

Answer 18

Same as summary but…
1) If D pleads not guilty then jury of 12 people empanelled
2) P + D both make opening and closing speech
3) Judge sums up
4) If D acquitted then can be tried again since CJA 2003 removed double jeopardy for serious cases if there is new and compelling evidence

Question 19

How are appeals from a Mags court handled?

Answer 19

Magistrates Court -> (If Defence appeals, Prosecution has no right to appeal to Crown) -> Crown Court, Appeal available as of right, complete re-hearing by 2 mags and a judge, can confirm vary or reverse decision. If against sentence can confirm increase or decrease with the same limitations as Mags Court (6 months most). Further appeal to QBDC - > Kings Bench Division (administrative court)
Case stated appeals by prosecution & Def, 2 or 3 judges hear case, leave needed, only verdict can be appealed, can confirm vary or reverse decisions or remit case back to mags -> Further appeal eg from QBDC to Supreme Court. Point of law or public importance (C V DPP 1994)

Magistrates -> (If prosecution appeals) -> King’s bench Division -> Further appeal.

Question 20

What was the case where D was seen holding the handlebars of a motorcycle whilst another boy tried to break the chain, and D was charged with interfering with motorcycle and intention with offence that theft should be committed.

Answer 20

C V DPP 1994, It was held that children needed proof they knew what they were doing.

Question 21

How are Appeals from the Crown Court handled?

Answer 21

Crown Court -> Appeal to CA (crim Div) by D.
a) Appeal against Conviction (Rules: file within 28 days, leave needed, 3-5 judges, appeal on fact or law, review of paperwork)

CA can allow appeal and quash conviction, vary conviction, dismiss appeal or order retrial.

b) Appeal against sentence.
-> Further appeal - Point of law of public importance

Crown Court -> CA (By P)
1) Appeal against acquittal (Jury nobbling rarely used, CPIA 1996)

2) Appeal against acquittal - in 30 serious offences, removal of double jeopardy where new and ocmpelling evidence, CJA 2003

3) A-G Ref re point of law following acquittal. A-G can refer to CA. Decision cannot be changed but point of law clarified in CJA 1972 s36 + can re sentence lenient sentence in CJA 1988 s36

-> Further Appeal

Question 22

What was the Criminal Appeal Act 1995?

Answer 22

Only ground for appeal is that it is unsafe (was fair trial in interests of justice ay admit new evidence)

Question 23

What was the case where D was acquitted for killing a pizza delivery person and was instead found guilty for another crime, when he bragged to a police officer about getting away with murder he was retrialed and life sentenced.

Answer 23

Billy Dunlop 1989

Question 24

Who are Lay personnel?

Answer 24

Magistrates & Juries

Question 25

What are the simple original facts of Magistrates?

Answer 25

Appointed to sit in Mags Court Some DJ(MC) also do job but are paid lawyers/Judges Try 97% of all crim cases Usually 3 sit on a bench and are advised by legal adviser. Certain matters can be heard by a single magistrate eg warrants

Question 26

What Qualifications do you need to be a Magistrate?

Answer 26

A) Commitment, must sit 26 sessions (half days) a year minimum. B) Area - Appointment is to local justice area, must live or work within local justice area C) Age - Mags must be 18-74 on appointment, retiring at 75 since 2022 May be removed on grounds of incapacity, Misbehaviour, persistent failure to meet standards, neglecting duties

Question 27

What restrictions are there to not allow you to be a Magistrate?

Answer 27

Those in work that is incompatible eg police officer, special constabulary, traffic wardens Close relatives will not be appointed to same bench Disability means they cannot carry out duties eg deaf people Undischarged bankrupts Those who have committed certain serious offences Armed forces

Question 28

How is a Magistrate selected?

Answer 28

They will send advertising/application forms Selected by Local Advisory Committee made up of 12 people (Mags & Non-mags) and must be drawn from cross section of local community. There is then a two-stage interview panel process.

Question 29

What is the first stage of the two stage interview panel process?

Answer 29

Looks at candidates general character, personal attributes, and whether they possess six key qualities: Logical, Honest/Good character, Understanding & Communicative Aware of social issues & uphold law Mature and of fair temperament, Reliable and Committed.

Question 30

What is the second stage of the two stage interview panel process?

Answer 30

Assesses candidates judicial aptitude & qualities by looking at case studies

Question 31

How are Magistrates appointed?

Answer 31

LAC recommends suitable candidates to Lord Chief Justice who designates roles to senior presiding judge under Crime and Courts Act 2003. Candidates sworn in as a magistrate at local court appointed by LCJ on behalf of the king.

Question 32

What is the composition of the bench for Magistrates?

Answer 32

Age - half between 60-70, only 3% under 40 and 40% retired. Disability - Blind can be mags but not deaf people Occupation - Majority from managerial positions Gender- 51-53% are women (other Judicial positions at 22%) Ethnicity- 11% ethnic minority other legal professions have 5%

Question 33

What is the directive that claimed the benches should be balanced?

Answer 33

Lord Gardiner Directive 1966

Question 34

What is A Magistrates' role in Crim cases?

Answer 34

1) Bail applications 2) Early Administrative Hearings (pre-trial hearings to sort out timetabling, etc) 3) Mode of Trial election in TEW cases 4) Verdict & sentencing in Summary & some TEW cases 5) First hearing of indictable offences before transfer to crown 6) Youth Court - hearing cases against juveniles 10+ 7) Issuing warrants and summonses 8) Appeals - Mags sit in Crown Court with Judge to hear appeals against conviction from mags court

Question 35

What is the old Act and the current Act that decided types of sentencing?

Answer 35

Criminal Justice Act 2003 now Sentencing Act 2020

Question 36

What is the Custody Threshold Test s 152?

Answer 36

Only given if offence is so serious a fine or community sentence not justified. If offender is refusing to comply w/ community order or if offender is convicted of specified sexual or violent offences.

Question 37

Describe a mandatory life sentence

Answer 37

Only for murder. A judge must give life imprisonment for murder with min tariff to be served before offender eligible for release. Whole life sentences (rare) avg 16 years with a life license. 30 Years min tariff 15 years min tariff 12 years if under 18 The Home Secretary has a final say on release. Once released prisoner remains on license for the rest of life and can be recalled.

Question 38

Describe a Discretionary Life sentence

Answer 38

Manslaughter/Robbery/s18 GBH, can carry life imprisonment but dont have to

Question 39

Describe a fixed term sentence

Answer 39

Depends on max sentence set by statute, seriousness & D's previous convictions. Early release - Prisoners do not serve whole of sentence passed. Early release on license under supervision of probation officer. If re-offend they serve remaining sentence plus new one. Generally half sentence must be served before release. Usually serve half in time and half in community on license.

Question 40

Describe a suspended prison sentence

Answer 40

Whole of prison sentence up to 2 years or 6 months in mags can be suspended for operational period of two by two. If offender commits offence within operational period original sentence is activated & they serve extra sentence received for current crime. court cannot give one unless: Prison is appropriate AND There are exceptional circumstances that justify suspension of the sentence.

Question 41

Describe Home Detention Curfew (Crime and Disorder Act 1998)

Answer 41

7am-7pm Curfew. Risk assessed, only available of sentence of atleast 12 weeks but can be up to 4 years for those who has served requisite custodial period. Excludes violent crimes and sex offenders.

Question 42

What is a Community Order?

Answer 42

Lord Woolf reinforced use of non-custodial adult sentences. Failure to comply may result in offender being punished or re-sentenced for original offence. Suspended sentence can be combined with community order. AIm to reform, rehabilitate and repay society.

Question 43

What section of the Sentencing Act 2020 is Community orders in?

Answer 43

S177

Question 44

What are the 10 community orders?

Answer 44

1) Unpaid work (40-300 hours 7/8 hrs a day) 2) Prohibited activity requirement (eg no spraypaint on hoodie) 3) Curfew requirement (2-10 hrs increased to 16 hrs in 24 hrs. Max = legal aid sentencing) 4) Programme requirement eg Anger replacement training 5) Exclusion requirement 6) Rehabilitation activity requirement 7) Alcohol/Mental health/Drug rehab or monitoring 8) Residence Requirements 9) Foreign travel prohib req 10) Attendance centre req

Question 45

Describe fines in terms of sentencing

Answer 45

Court must consider seriousness of crime and ability to pay - high levels of non payment, does not even go to victim, goes to court to repay society and not paying is only punishable by imprisonment.

Question 46

Describe discharges in terms of sentencing.

Answer 46

Conditional discharge - deters D from reoffending max 3 yrs often first time minor offences Absolute Discharge - Technically offended but no blame attached.

Question 47

What is the word for the reoffending rate?

Answer 47

Recidivism.

Question 48

Should sentencing be a matter for Judges or Politicians?

Answer 48

Politicians may have ulterior motives such as political gain. Judges are seen as too soft nowadays but may be more neutral.

Question 49

What are the purposes and aims of sentencing?

Answer 49

Punishment of offenders Deterrence and reduction of crime Rehabilitation of offenders Protection fo the public and Reparation by offenders to persons affected.

Question 50

What are the factors of Punishment/Retribution?

Answer 50

Making people pay for their crime, punishment for wrongdoing. Proportionality - Primary aim of sentencing. An eye for an eye no longer applies, for example the death penalty was abolished in 1965. The punishment must fit the crime. If justice is not done, there may be vigilantes.

Question 51

Why are tariff sentences used?

Answer 51

Eg for murder it is a min period to be served before released on license

Question 52

What are the factors of Deterrence?

Answer 52

Utilitarian/Serving a purpose Individual deterrence - to stop reoffending. General deterrence - To stop others from committing the same crime, making an example of the offender - may make sentencing inconsistent.

Question 53

What is the percentage of reoffenders in the UK for young offenders and adults?

Answer 53

32.2% of young offenders (10 to 17 year olds) reoffended, compared with 24.9% of adults

Question 54

Does Punishment deter criminals?

Answer 54

Severity v Certainty - offender can be deterred by two things.

Question 55

What are the two things an offender can be deterred by?

Answer 55

Severity of potential punishment Chance/certainty of getting caught.

Question 56

How many burglars are caught and prosecuted?

Answer 56

5%.

Question 57

What are the factors of rehabilitation and reform?

Answer 57

The aim is to rehabilitate or reform the offender by education. Penalty should fit the individual with their needs being assessed in the pre-sentence report. Prison Rule I teaches offender to lead a good and useful life. It is expensive as it is tailored to an individual needs, vast majority of prisoners have the literacy of an 11 yo. Timpson 10% of workforce ex-convicts

Question 58

What are the factors of protection of society?

Answer 58

Utilitarian - Incapacitates the criminal, eg prison sentence, restricting activities, disqualification of driving, curfew, electronic tags, etc. Chemical castration on sex offenders in some UK prisons.

Question 59

What are the factors of Reparation?

Answer 59

Victim of the crime may be compensated by: Offender paying back society or the V directly Offender digging V's garden, returning stolen property, etc. Magistrates/Judges making a compensation order. Community penalties requiring offenders to make reparation to society as a whole. Restorative Justice allowed the victim a chance to tell the offender how they felt, and the offender telling the victim why they did it.

Question 60

What is Restorative Justice?

Answer 60

Restorative Justice allowed the victim a chance to tell the offender how they felt, and the offender telling the victim why they did it.

Question 61

What is the Guideline System?

Answer 61

Initial Guideline - Judge's starting point. May be increased or lowered according to aggravating or mitigating factors. To be followed unless it is contrary to the intersts of justice. Indictable case sentences are set by the Sentencing (guidelines) council and summary case guidelines are set by the Magistrates' association using an entry point system.

Question 62

What are the two things you must consider when sentencing?

Answer 62

The offence and the offender

Question 63

How must someone consider the offence?

Answer 63

How serious is it within its type, eg shoplifting mars bar compared to theft of 500,000

Question 64

What are some aggravating factors?

Answer 64

Gratuitous unnecessary violence, vulnerable victim, breach of trust, Group offending, Adult involving children, Offence committed on bail, Pre meditated

Question 65

What are some mitigating factors?

Answer 65

Genuine remorse, Impulse, Co-operating with police, Provocation, Age, Early guilty plea, First offence.

Question 66

How much time can you get off your sentence for an early guilty plea?

Answer 66

Earliest opportunity: 1/3 After trial: 1/4 At start or during: Max 1/10

Question 67

How must a judge consider an offender?

Answer 67

All previous convictions/sentences Age, Health and evidence of remorse, etc

Question 68

What are some factors that a judge must consider about an offender?

Answer 68

Alcoholism, Drugs, Financial system, Domestic situation, Response to previous sentences given.

Question 69

What happened in October 2020 with sentencing?

Answer 69

New sentencing guidelines for those w/ mental conditions like PTSD

Question 70

What is a jury?

Answer 70

A group of 12 people selected at random to decide on a case.

Question 71

What was the case where Two Quakers were prosecuted for breaking the Convectibles Act 1664 and the Jury refused to convict them, which the Judge fined, held and starved them for, and ultimately led to the Judge being unable to punish the two Quakers... and what did it decide?

Answer 71

Bushell's Case 1670, Decided on Jury Equity and independence.

Question 72

What are the qualifications needed to go onto a Jury?

Answer 72

18-75 years old, On the electoral register & Resident in the UK, Channel Islands or Isle of Man for 5 yrs since age 13. Refusal to attend is a contempt of court.

Question 73

What are the five reasons someone may not sit in Jury?

Answer 73

Disqualification, Mental disorder, Discretionary excusal, Lack of capacity & Conflict of interest.

Question 74

Why might someone be disqualified from a Jury?

Answer 74

Disqualified for life: Life imprisonment Detention at HM pleasure under 21 Imprisonment 5+ years Extended Service Disqualified for 10 yrs: Serving any imprisonment Suspended sentence Community order On bail

Question 75

Why might someone have a lack of capacity and be unable to sit on Jury?

Answer 75

People who cannot speak nor understand English, or have a disability that makes them unable to. Deaf used to disqualify you but now you can.

Question 76

Why might a mentally disordered person be disqualified from the Jury?

Answer 76

No definition for a mental disorder but can be any.

Question 77

What is a discretionary excusal and the Right to be excused?

Answer 77

Discretionary Excusal - Jury service presents short-time issues such as examinations or family reasons and it may be allowed to defer it but rarely will be excused altogether. Right to be excused- Members of the armed forces if certified by commanding officer.

Question 78

What did the Criminal Justice Act 2003 do to the Jury System?

Answer 78

Allowed legal professionals such as Lawyers or Police officers to work in the Jury.

Question 79

What article of Human Rights does lawyers, judges, police officers etc being on the Jury Panel possibly overstep?

Answer 79

ECHR Article 6

Question 80

How is a Jury selected?

Answer 80

A random list is produced from electoral register. Summons are sent out and potential Jurors must declare any reason why they may not serve. Service usually 2 weeks.

Question 81

How is a Juror vetted?

Answer 81

Both sides in forthcoming cases can see list of names and addresses. Vetting liited as jury is not fully random and invades privacy. Two types: Routine Police Checks to eliminate those disqualified Juror's Background - Wider check

Question 82

What was the case where two D's were police officers and the defence wanted to vet Jury for past convictions?

Answer 82

R v Sheffield Crown Court ex parte Brownlow 1980

Question 83

What was the case where the CA approved of widespread vetting to check if jurors disqualified?

Answer 83

R v Mason 1980

Question 84

What sets out when the prosecution can check the background of Jurors and what can they check?

Answer 84

A-G Guidelines 1988 a) Where the case involves national security b) Where the case involves terrorism

Question 85

How is a Jury selected at Court?

Answer 85

Fifteen names chosen at random from Jury pool to go into Court Twelve chosen at random in court by the clerk

Question 86

What is challenging in terms of Jury??

Answer 86

Both parties can challenge ' the array ' eg R v Ford 1989 Both Parties can challenge for cause because of connection with case or incapacity eg Wilson v Sprason 1995 Prosecution may ' stand by ' a juror

Question 87

What happened in the case where a West Indian requested a multi-racial jury which was subsequently denied as it would not be random

Answer 87

R v Ford 1989

Question 88

What can cause someone to be challenged as a Juror?

Answer 88

Not understanding English Disqualified Known to D Judge rules for/against but Jurors cannot be questioned prior

Question 89

What was the case where Convictions were quashed for a bias when a jury member was the wife of a prison officer dealing with the offender?

Answer 89

R v Wilson and Sprason 1995

Question 90

What is ' standing by ' a juror?

Answer 90

If appearance reveals they are unsuitable they can be asked to stand by for no reason until there is only 12 on the panel remaining. Cause must be given for the last 12. A preemptory challenge is a right only for prosecution, it was abolished for defence in 1989.

Question 91

What must a Juror do when in the box?

Answer 91

Take an oath or affirmation

Question 92

What is the role of the Jury?

Answer 92

To find a verdict on the facts in serious crim cases in Crown Court. Listens to evidence and summing up by Judge.

Question 93

What is the split function?

Answer 93

Judge- Advises on law.& sums up eg what law is, rules of evidence application Jury - Finds on facts eg D broken that law, did he do it?

Question 94

What are Majority Verdicts?

Answer 94

Judge must request unanimous verdict If they are unable to reach a verdict within reasonable (2 hrs 10 minutes+) time they may direct them to a majority. If 12 jurors remain must be 10-2 or 11-1.

Question 95

How much secrecy must there be in the jury room?

Answer 95

Prior to verdict the jurors may not communicate with anyone but the judge and court officials under the verdict is delivered. Sequestering - court can ask what happened outside a jury room when a jury is put in a hotel for the night and should not continue their deliberations outside of the jury room eg R v Young 1995 After Verdict - s8 Contempt of Court Act 1981 jurors not allowed to reveal anything said during decision making process. Contempt of Court to ask any questions.

Question 96

What happened in the case where the CA quashed a guilty verdict as the jury asked a Ouija board what to choose in a hotel room.

Answer 96

R v Young 1995.

Question 97

What stops people from Jury Nobbling?

Answer 97

CJ + PO act 1994 s51 makes it an offence. Criminal Procedures & Investigations Act 1996 s54 has allowed the HC set aside an acquittal and order a re-trial if in interests of justice when acquittal tainted.

Question 98

When may a Jury be discharged?

Answer 98

If an individual juror is ill they alone may be discharged or if a verdict is given a jury may be discharged. A juror was given the defendant a lift to court each day that ended in the juror being discharged.

Question 99

What is an alternative of Jury Trial?

Answer 99

-Single Judge Parol of Judges Judge + 2 jurors -Mini Jury (6)

Question 100

What may be a reform of the Jury System?

Answer 100

Basic test to see fitness of the Juror

Question 101

Give four well developed points on Juries.

Answer 101

1) There is public confidence in trial by peers/impartiality and fair trial. 12 heads are better than 1, gives a balance of ideas, and they represent a cross section of society. However, this is weakened by the fact that Judges and Lawyers may now do Jury duty. 2) Jury equity/Perverse verdict means people can disagree with what may be unfair laws. Juries are therefore a barometer of public feeling on the law and can be enforced. However, it does mean that it allows the Jury to go against a specific person or law. This undermines Parliament and the Courts and allowed inconsistency. 3) Contempt of Court applies when asking a juror about their decision. It encourages free speech in the Jury room, the Verdict cannot be questioned by journalists and it enables jurors to bring unpopular verdicts. However, Jury nobbling/tampering may still occur. It was the Criminal Justice Act 2003 that allowed judges to sit w/o a Jury, and media influence can still affect decisions such as in Taylor and Taylor 1993 where newspapers spoke ill of them and gave false impressions of the two and the appeal was allowed due to it. 4) It is an open system of justice. People are chosen randomly, and it means the courtroom is kept simple and explained to the Jury so ordinary people may understand what is happening. However, due to the lack of legal training, there may be lack of understanding anyways and there is no explanation of the verdict given. They may be unable to weigh evidence correctly, perhaps a test for Jurors could be added to check.