criminal courts and lay people

Question 1

categories of offences

Answer 1

summary offenses - least serious and can only be tried in magistrates court (driving offences, assault)
triable either way - medium serious and can be tried in either magistrates or crown court (theft)
indictable - most serious which must be tried in crown court (murder)

Question 2

jurisdiction of magistrates court

Answer 2

try all summary offenses
try TEW where magistrates accept and the defendant agrees
account for 95-97% of all criminal cases
deal with preliminary hearings for TEW and indictable offenses
deals with all side matters such as search warrants and bail applications

Question 3

what is the sentencing power of the magistrates court

Answer 3

max 6 months imprisonment
max fine for level 5 offences is unlimited

Question 4

jurisdiction of crown court

Answer 4

some TEW offences where D elected for them or case is too serious for magistrates
all indictable matters
appeals from the magistrates court
guilty plea = judge will decide sentence
not guilty plea = jury will decide

Question 5

pre trial procedure for summary matters

Answer 5

all aspects dealt with at magistrates court
if they plea guilty magistrates will sentence
not guilty = trial takes place

Question 6

pre-trial procedure for indictable matters

Answer 6

transferred to crown court after first hearing at magistrates court
plea and trial prep to take place as soon as possible
prosecution and defence disclosure

Question 7

pre-trial procedure for TEW

Answer 7

magistrates or court clerk will perform early administrative hearing.
court asks does D require legal aid, are any reports required - pre-sentence or medical, and what is the situation regarding bail
plea before venue
guilty plea - heard by magistrates court
not guilty = magistrates look at the nature of offence and if they feel it is too serious it will be passed to crown court
D is given choice of court

Question 8

defence appeals from magistrates court

Answer 8

D may appeal conviction, sentence or both to the crown court
D may only appeal if original appeal was not guilty
automatic right of appeal

Question 9

what happens in magistrate court appeals

Answer 9

case will be completely reheard in crown court by judge and 2 magistrates
if against conviction - may vary or confirm conviction or acquit D
if against sentence - may increase or decrease sentence or confirm it

Question 10

defence appeals from magistrates to KBD

Answer 10

only available for appeal against conviction on a point of law
Osman v DPP

Question 11

prosecution appeals from magistrates court

Answer 11

only appeal available is to KBD on a point of law

Question 12

further appeal to supreme court

Answer 12

both defence and prosecution can appeal on a point of law of general public importance

Question 13

defence appeals from crown court

Answer 13

appeal against conviction or sentence
leave of appeal required and application must be made within 28 days
can quash conviction, order a retrial, vary to conviction of a lesser sentence, decrease sentence

Question 14

prosecution appeals from crown court

Answer 14

appeal to CoA to quash conviction on grounds of new evidence
AG may refer an unduly lenient sentence to CoA for review

Question 15

when will a custodial sentence be passed

Answer 15

S.152 Criminal justice act 2003 as updated by sentencing act 2020 states
the court must not pass a custodial sentence unless the offence was so serious that neither fine or community sentence is justified

Question 16

what are the 4 types of custodial sentences

Answer 16

mandatory life
discretionary life
fixed term
suspended

Question 17

mandatory life sentence

Answer 17

must be given when murder
minimum of 12 years to a whole life order
minimum sentence must be served before eligible for release

Question 18

discretionary life sentence

Answer 18

for other serious crimes such as manslaughter, the max is life but judge doesnt have to impose it, could be a community order or fine

Question 19

fixed-term sentence

Answer 19

imprisonment for a set number of months or years. once half the sentence is served they can be released

Question 20

suspended sentence

Answer 20

up to a max of 2 years the offender can remain at liberty
if no further crimes are committed the sentence wont be served

Question 21

unpaid work requirement

Answer 21

working for free on projects
between 40- 300 hours
work should be of clear benefit to the local community

Question 22

drug rehabilitation requirement

Answer 22

comprises structured treatment and regular drug testing
offender must consent to order
between 6 months and 3 years

Question 23

curfew requirement

Answer 23

restrictions on offenders movement for certain periods of the day
reduces the likelihood of reoffending

Question 24

supervision requirement

Answer 24

the responsible officer will be a qualified social worker
must impose if offender is under 18
works to achieve active change

Question 25

fines

Answer 25

max fine from magistrates court is 5000, for level 5 offences max is unlimited

Question 26

absolute discharge

Answer 26

court decides not to impose punishment as experience of going to court is punishment enough

Question 27

conditional discharge

Answer 27

if the offender commits another offence they can be sentenced for the first and second crime

Question 28

disqualification from driving

Answer 28

length depends on seriousness of offence

Question 29

aims of sentencing

Answer 29

punishment deterrence reform/rehabilitation protection of the public reparation

Question 30

punishment

Answer 30

based on an eye for an eye society and victim are being avenged for wrong done doesnt aim to reduce crime rates or alter future behaviour

Question 31

deterrence

Answer 31

aimed at reducing crime rates through fear of punishment 2 types: individual general

Question 32

individual deterrence

Answer 32

discourage offender from criminal acts in the future

Question 33

general deterrence

Answer 33

deter the general public from committing crime by punishing those who offend

Question 34

reform

Answer 34

aimed at changing the behaviour of the offender so he can be reintegrated into society to prevent reoffending and lower crime rates and less people in prison

Question 35

protection of the public

Answer 35

keeps violent offenders away from the public to prevent further harm

Question 36

reparation

Answer 36

compensating the victim by ordering the offender to pay a sum of money

Question 37

sentencing factors

Answer 37

S63 Sentencing Act 2020 where a court is considering the seriousness of the offence it must consider the offender culpability any harm caused, intended or foreseeable

Question 38

aggravating factors

Answer 38

issues that make an offence more serious Examples: committed on bail previous convictions discriminatory motivations use of weapons against a vulnerable person

Question 39

mitigating factors

Answer 39

issues that make an offence less serious examples age - youth offenders remorse 1st time offender mental disability co-operation with police

Question 40

other factors affecting sentencing

Answer 40

guilty plea will reduce the sentence in certain circumstances as it saves court time

Question 41

what are the three basic qualifications of a lay magistrate

Answer 41

aged between 18-74 (must retire at 75) live/work in the area which they want to serve prepared to sit at least 26 half days per year

Question 42

what will disqualify a lay magistrate

Answer 42

a serious criminal conviction undischarged bankrupts a member of the forces police officers or traffic warden a relative of those with an incompatible job

Question 43

how are lay magistrates selected and appointed

Answer 43

Application is made to the Local Advisory Committee The LAC will review all applications and aim to select a good cross-section of society Candidates must undertake two interviews. First Interview will look at the candidate's general character, personal attributes and whether they possess the six key qualities. Second interview assesses the candidate's judicial aptitude and qualities by looking at case studies

Question 44

what are the 6 key qualities of a lay magistrate

Answer 44

set out in 1998 by the lord chancellor: good character understanding and communication social awareness maturity and sound temperament sound judgement commitment and reliability

Question 45

role of magistrates

Answer 45

mainly deal with criminal cases(theft) but deal with some civil matters (licensing for alcohol) sit as a panel of 3 but a district judge will sit alone Magistrates deal with approximately 95% of all criminal matters including all summary matters from start to finish Some triable either-way matters - deal with plea before venue hearings The first hearing of indictable cases. They deal with preliminary matters including EAH Specially nominated and trained magistrates work in the Youth Court and hear criminal cases involving young offenders between 10-17 years old. Magistrates sit in the Crown Court with a professional judge to hear appeals from the Magistrates’ Court

Question 46

jury qualifications

Answer 46

set out in the Juries Act 1974 : aged between 18 and 75 registered as a parliamentary or local government elector resident in the UK for at least five years since age of 13

Question 47

jury disqualifications for life

Answer 47

if the person has been imprisoned for life been detained during Her Majesty’s Pleasure had a sentence of imprisonment of 5 years or more

Question 48

jury disqualifications for 10 years

Answer 48

if they have served a custodial sentence of less than 5 years a suspended sentence been given a community order A person is disqualified whilst on bail

Question 49

ineligible for jury

Answer 49

people with certain mental health issues (not automatically ineligible), people who cannot speak/understand English, those with a disability which would stop them carrying out the role and deafness A discretionary excusal may be applied for. This will defer jury service. A deferral may be granted for ‘good reason’

Question 50

selection of jury

Answer 50

Names selected randomly from the electoral register. Approximately 150 summonses for each court are sent every two weeks. Fifteen randomly chosen at court from the jury pool. Twelve chosen at random in court by the clerk. Checks and challenges are undertaken. Vetting includes routine police checks and, in exceptional circumstances, wider background checks for political affiliations. Permission from the Attorney General is required. Jury members may be challenged either to the array for cause or told to stand by

Question 51

role of jury

Answer 51

Jury hears evidence and summation by the judge. At the end of the trial the jury will retire to discuss the case in secret. The jury will decide if the defendant is guilty or not guilty based on the facts presented to them. Whilst a unanimous decision is preferred, a majority decision may be allowed, for example, 10-2. No reason for the decision is required