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Criminal Courts And Lay People Flashcards

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1
Q

Criminal process

A

The system of courts and procedures designed to uphold laws against certain behaviors.

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2
Q

Magistrates’ Court

A

A court of first instance that deals with the majority of criminal cases.

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3
Q

Crown Court

A

A court that handles serious criminal cases not fully tried in the Magistrates’ Courts.

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4
Q

First instance criminal courts

A

Courts where a criminal case will commence based on the seriousness of the alleged crime.

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5
Q

Jurisdiction in the Magistrates’ Court

A

The authority of the Magistrates’ Court to try summary offences and most triable-either way offences.

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6
Q

Summary offences

A

The least serious category of criminal offences.

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7
Q

Indictable offences

A

The most serious category of criminal offences.

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8
Q

Triable-either-way offences

A

Criminal offences that can be tried in either the Magistrates’ Court or the Crown Court.

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9
Q

Plea-before-venue hearings

A

Hearings conducted to determine where a triable-either-way offence will be tried.

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10
Q

Youth Court

A

A court that deals with cases involving defendants aged 10-17.

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11
Q

Bench arrest warrants

A

Orders issued by a court to arrest a person who has failed to appear.

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12
Q

Bail

A

The temporary release of an accused person awaiting trial, often under specific conditions.

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13
Q

Plea and case management hearing

A

The initial hearing in the Crown Court where the defendant enters a plea

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14
Q

Guilty plea

A

A formal admission of guilt by the defendant in court.

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15
Q

Not guilty plea

A

A formal denial of guilt by the defendant in court, leading to a trial.

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16
Q

Trial by jury

A

A legal proceeding where a jury of citizens decides the outcome of a case.

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17
Q

Crown Prosecution Service

A

The agency responsible for prosecuting criminal cases in England and Wales.

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18
Q

Appeals against a Magistrates’ Court conviction

A

The process of challenging a conviction or sentence imposed by the Magistrates’ Court.

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19
Q

Indictable offences

A

The most serious, more complicated offences tried only and fully in the Crown Court, for example, murder, manslaughter and robbery.

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20
Q

Summary offences

A

The least serious offences in terms of injury or impact, tried in the Magistrates’ Courts.

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21
Q

Guilty

A

Legally responsible for a specified wrongdoing.

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22
Q

Sentencing powers of court for summary offences

A

Up to six months’ imprisonment for a single offence, or up to 12 months in total for two or more offences; and/or a fine, generally of up to £5000.

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23
Q

Sentencing powers of court for triable-either-way offences

A

Up to the maximum set for the specific offence by common law or statute.

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24
Q

Sentencing powers of court for indictable offences

A

Up to maximum set for the specific offence (but see below for magistrates’ maximum sentencing powers).

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25
Pre-trial procedure for summary offences
An adjournment of the trial could be needed, and bail set, if the CPS requires more time to prepare the case.
26
Pre-trial procedure for triable-either-way offences
Most trials in the Magistrates Court start with a first appearance at a trial.
27
Pre-trial procedure for indictable offences
After an early administrative hearing in the Magistrates' Court, the case is sent immediately to the Crown Court to be dealt with by (usually) a single Circuit Judge.
28
Appeal heard by
Panel of a single Circuit Judge and two magistrates.
29
Further appeal possible?
Generally no, but possible to appeal to the Queen's Bench Divisional Court purely on a point of law.
30
Result of appeal
Appeal quashed, confirm appeal or remit case back to the Magistrates' Court.
31
Case stated appeals from the Magistrates' Court to the Queen's Bench Divisional Court (QBD) is available to who?
Defence
31
Result of appeal
The outcome of an appeal which can be an appeal quashed, confirm appeal or remit case back to the Magistrates' Court.
32
Panel of judges
A group of two or three High Court Judges, which might include a Court of Appeal judge.
33
Appeal by prosecution or defence
Possible appeal to the Supreme Court on a point of law of general public importance, requiring leave to appeal by either the Supreme Court or QBD.
34
Aims of sentencing
The purpose of a sentence, which includes punishment, reduction of crime, reform and rehabilitation, protection of the public, and making reparation.
35
Adult offender
An individual aged 21 years or older who has been convicted of a criminal offence.
36
Factors of sentencing
Elements that influence a sentence, including the type of crime, seriousness, circumstances, criminal record, plea, and other aggravating or mitigating factors.
36
Court of Appeal (Criminal Division)
The court where appeals are heard within six weeks of conviction, requiring permission to appeal.
37
Fresh evidence
New evidence that can be presented during an appeal in the Court of Appeal (Criminal Division).
38
Prosecution appeal
An appeal against the acquittal of the defendant or against a sentence considered unduly lenient by the Attorney-General.
39
Aggravating factors
Circumstances that increase the severity of a sentence, such as prior convictions or the vulnerability of the victim.
40
Mitigating factors
Circumstances that may reduce the severity of a sentence, such as pleading guilty at the first opportunity.
41
Criminal Justice Act 2003
Legislation that outlines the aims of sentencing for adult offenders.
42
Reparation
The act of making amends by offenders to persons affected by their offences.
43
Seriousness of crime
The degree of severity of a crime, which can influence the sentence, including whether there was a fatality.
44
Circumstances of the crime
Specific details surrounding the crime, such as the use of a weapon or the vulnerability of the victim.
45
Conviction
The result of a criminal trial where the defendant is found guilty of the charges.
46
Leave to appeal
Permission required to proceed with an appeal, which must be granted by the Supreme Court or QBD.
47
Appeal quashed
The decision to nullify the previous ruling or conviction during an appeal.
48
Defendant
The individual accused of a crime in a court of law.
49
Conviction and sentence appeal
A rare appeal against a conviction or sentence deemed unsafe.
50
Flow chart poster
A visual representation showing the different appeal routes from the Crown Court
51
Example of factors affecting sentence
A scenario illustrating how aggravating and mitigating factors can influence the outcome of a sentence.
52
52
Burglary scenario
An example where D burgles his mother's house while she was asleep, taking £50 for drugs, with several prior convictions.
53
Custodial sentence
A type of sentence where the offender is imprisoned.
54
Imprisonment
The offender's behaviour is so serious that none of the other sentences will suffice; offenders serve half of their sentence in prison and the other half on licence in the community.
54
Non-custodial sentence
A type of sentence that does not involve imprisonment.
55
Community sentences
Sentences where offenders carry out between 40 and 300 hours of demanding work in the community or undergo treatment for issues such as drug addiction.
56
Discharges
A sentence where the court feels that simply being brought in front of a judge or magistrate is enough punishment; conditions can be set with a discharge.
57
Lay magistrates
Part-time, unsalaried judges who volunteer to work in the Magistrates' Court and the Youth Court.
58
Juries
Local people drawn from the electorate who decide the guilt of offenders in the Crown Court.
59
Court of Appeal
A court that provides guidelines for judges and magistrates when deciding sentences.
60
Sentencing Council
An organization that provides guidelines and information on sentencing.
61
Serious offences
Crimes that are considered severe enough to warrant imprisonment.
62
Less serious offences
Crimes that typically result in fines or other non-custodial sentences.
63
Electorate
The body of people entitled to vote in an election, from which juries are drawn.
64
Judges
Officials who preside over court proceedings and make legal decisions.
65
Magistrates' Court
A lower court where minor criminal cases are heard.
66
Overdose
A situation where a person takes an excessive amount of a drug, leading to severe health consequences or death.
67
Scenario
A hypothetical situation used to discuss legal principles or sentencing.
68
Magistrates
Lay people who serve in the criminal justice system, usually in benches of three.
69
Qualification for Magistrates
Aged over 18 and under 65, but can retire at 70; expected to serve for at least 5 years; no formal qualifications or legal training required.
70
Key Qualities for Magistrates
Must demonstrate six key qualities: good character, reliability, awareness of social issues, logical thinking, effective communication, and a sense of fairness.
71
Magistrates' Sitting Requirements
Must sit for at least 13 days/26 half-days each year (or 35 half-days if they also sit in youth or family courts).
72
Appointment of Magistrates
Recruited by local advisory committees; satisfactory character references sought; rigorous training if selected; two interviews before recommendation to appoint.
73
Statutory Power to Appoint Magistrates
Under the Crime and Courts Act 2013, the Lord Chief Justice has the statutory power to appoint magistrates, delegating to the Senior Presiding Judge.
74
Roles of Magistrates
Try summary and relevant either-way offences, deal with mode of trial hearings, sentence guilty defendants, carry out preliminary hearings, issue bench warrants, and hear appeals in the Crown Court.
75
Lay Magistrate
A type of magistrate who is not a legally trained professional but serves in the criminal justice system.
76
Juries
A group of individuals who decide the verdict in a criminal trial, typically composed of 12 members.
77
Qualification for Juries
Aged 18 or over and under 76, registered as a parliamentary or local government elector, resided in the UK for at least five years since age 13, and not disqualified under the Mental Health Act 1983.
78
Jury Summons
Issued by the Jury Central Summonsing Bureau from the electoral register.
79
Jury Selection Process
Individual court divides jurors into groups of 15, and 12 names are drawn at random from the 15 to sit on a jury.
80
Foreperson of the Jury
The first name selected at random from each group of 15 is appointed foreperson of the jury.
81
Role of Juries
Sit in the Crown Court as a panel of 12 persons, decide the verdict for the defendant, and are independent without pressure from the judge.
82
Jury Decision Requirements
Allowed a majority decision (11-1, 10-2) rather than a unanimous decision (12-0).
83
Bushell's Case (1670)
A landmark case that established that juries are independent and cannot be pressured by judges.
84
Magistrates' Criminal Conviction Restrictions
Unlikely to be appointed if they have serious criminal convictions, multiple minor offences, banned from driving in the past ten years, or declared bankrupt.
85
Magistrates' Training
Rigorous training is provided if selected for the role.
86
Jury Challenges
Once sworn in, individual jurors or the entire jury can be challenged by the prosecution for cause.
87
Jury's Decision-Making Role
Decide the facts of the case while the judge directs them on points of law.
88
Public confidence
This is instilled due to the traditional idea of being judged by ordinary members of society rather than professional judges.
89
Jury equity
This upholds democracy and freedom of will - see R v Ponting (1985) and R v Grobbelaar (1997).
90
Slow and expensive
Having to explain points of law increases the time taken and cost of the judges and legal personnel.
91
Open system of justice
The process is public and assumes no legal knowledge of jurors as points are explained.
92
Privacy of decision-making process
Juries decide the verdict in private, without outside pressures.
93
Random selection process
This allows a cross-section of the community to be picked from.
93
Neutrality
A jury should be impartial and, as a panel of 12, any individual prejudices should be cancelled out.
94
Outside influences
Arguably, media and social media coverage can influence jurors, or jurors can be 'nobbled' - See R v Twomey (2010).
95
No explanation of verdict
The decision is made in secret and no reason is given behind the decision, or bizarre methods are used to reach decision - see R v Young (1995).
96

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