Criminal Courts and Lay People8️⃣

Question 1

The Jurisdiction of the Magistrates’ Court

Answer 1

1. Who hears cases: Magistrates (either lay justices or District Judges), supported by a legal clerk.
   
   2. Summary offences: Can try all summary offences.
   3. Triable either-way offences: Can try these if suitable for Magistrates’ Court.
   4. Preliminary hearings: Handle first hearings for either-way and indictable offences going to Crown Court.
   5. Other matters: Deal with bail, arrest warrants, and side matters (most done by the legal advisor).
   6. Youth Court: Try cases involving 10–17-year-olds.
   7. Motoring offences: Deal with over 600,000 motoring offences per year.
   8. Sentencing powers: Maximum 6 months for one offence, 12 for two; unlimited fines for some offences, plus other penalties like community orders.

Question 2

The Jurisdiction of the Crown Court

Answer 2

1. Who hears cases: Judge and jury.
   
   2. Indictable offences: Hears all indictable offences.
   3. Triable either-way offences: Deals with these if too serious for Magistrates or if D elects jury trial.
   4. Sentencing: Judge sentences if D pleads or is found guilty — can impose life sentences or unlimited fines.
   5. Other sentences: Community orders and other penalties may also be used.
   6. Appeals: Hears appeals from the Magistrates’ Court.
   7. Powers on appeal: Judge can confirm, reverse, or vary convictions.
   8. Sentence adjustments: Can increase or decrease sentences on appeal.

Question 3

Classification of Offences

Answer 3

1. Three categories: Offences are either summary, triable either-way, or indictable.
   
   2. Summary = least serious.
   3. Court for summary: Always heard in Magistrates’ Court.
   4. Examples of summary: Driving offences, common assault, low-value criminal damage.
   5. Triable either-way = mid-level offences.
   6. Court for either-way: Heard in Magistrates or Crown Court depending on seriousness or D’s choice.
   7. Examples of either-way: Theft, ABH, s20 GBH.
   8. Indictable = most serious: Heard only in Crown Court, e.g. murder, manslaughter, rape.

Question 4

Pre-Trial Procedure for criminal

Answer 4

1. Summary offences: Heard in Magistrates’ Court — D pleads; if guilty, sentenced there; if not guilty, trial date is set.
   
   2. Bail and legal aid: Can be applied for during administrative hearings in the Magistrates’ Court.
   3. Triable either-way – plea before venue: D pleads in Magistrates’ Court.
   4. If guilty: Magistrates may sentence or send to Crown Court if more serious.
   5. If not guilty – mode of trial hearing: Magistrates decide if they can hear it; D can choose Crown Court.
   6. Magistrates sentencing powers: 6 months for one offence or £5000 fine — may send to Crown if not enough.
   7. Indictable offences – early hearing in Magistrates’: Always sent to Crown Court regardless of plea.
   8. At Crown Court: D pleads again; if not guilty, judge manages trial; if guilty or found guilty, judge sentences.

Question 5

Criminal Appeals and Appellate Courts

Answer 5

1. Appeals from the Magistrates’ Court go to the Crown Court.
   The defendant (D) has an automatic right to appeal against conviction or sentence.
   
   2. At the Crown Court, the case is reheard in full.
      This means both facts and sentence can be reconsidered by a judge and two magistrates.
   3. Appeals from the Crown Court go to the Court of Appeal (Criminal Division).
      Here, D must get permission (leave) to appeal from a judge.
   4. The Court of Appeal can hear appeals on conviction, sentence, or both.
      It may quash, vary, or uphold the original decision.
   5. The prosecution can appeal in limited situations.
      This includes cases involving jury tampering, bribery, or intimidation.
   6. The Queen’s Bench Division (QBD) handles appeals on points of law.
      These are known as “case stated” appeals and arise from Magistrates’ or Crown Court decisions.
   7. The Supreme Court hears appeals on points of law of great public importance.
      Both prosecution and defence can appeal, but permission is needed and cases are rare.
   8. Where D appeals depends on where the original case was heard.
      The route of appeal changes depending on whether the case started in Magistrates’ or Crown Court.

Question 6

Appeals from the Magistrates’ Court

Answer 6

1. The defendant (D) has an automatic right of appeal from the Magistrates’ Court to the Crown Court.
   
   2. The appeal can be against conviction, sentence, or both.
   3. The case is reheard in full by a judge and two lay magistrates at the Crown Court.
   4. The court may confirm, reverse, or vary the original decision.
   5. The sentence can be changed, but only within the Magistrates’ Court’s powers.
   6. If there is a point of law, either side may appeal to the Queen’s Bench Division (QBD) by way of case stated.
   7. The QBD may confirm, reverse, vary, or order a retrial or reconsideration.
   8. A further appeal can go to the Supreme Court if the case raises an issue of public importance, as in C v DPP.

Question 7

Appeals from the Crown Court

Answer 7

1. Appeals from the Crown Court go to the Court of Appeal (Criminal Division), heard by 3 or 5 judges.
   
   2. Defendants must get leave to appeal under the Criminal Appeal Act 1995 by showing the conviction may be unsafe.
   3. The Court of Appeal can confirm or reverse a conviction, or reduce the sentence.
   4. The prosecution has limited rights to appeal, for example under the Criminal Justice Act 2003.
   5. They can appeal against a judge’s ruling that stops the trial, such as a directed acquittal.
   6. They may also appeal if there is jury nobbling or new and compelling evidence (e.g., Stephen Lawrence case).
   7. Appeals on points of law can be made under s36 CJA 1972, and unduly lenient sentences can be appealed by the Attorney-General under s36 CJA 1988.
   8. A further appeal can go to the Supreme Court, but only if the case involves a point of law of public importance and leave is granted.

Question 8

Sentencing Aims

Answer 8

1. Section 142 of the Criminal Justice Act 2003 sets out five main aims courts must consider when sentencing.
   
   2. Punishment (retribution) ensures the sentence is proportionate to the offence, using tariffs from the Sentencing Council – e.g., prison sentences.
   3. Protection of the public aims to incapacitate offenders from causing further harm – e.g., exclusion orders like in R v Wrinkler.
   4. Rehabilitation and reform focus on changing offender behaviour using pre-sentence reports – e.g., community orders with treatment programmes.
   5. Reduction of crime uses deterrence, either general (e.g., fines) or individual (e.g., suspended sentence) to discourage offending.
   6. Reparation aims to compensate victims or repair harm done – often through compensation orders.
   7. Under s130 of the Powers of Criminal Courts (Sentencing) Act 2000, courts must explain why if they do not make a compensation order.
   8. Sentences are chosen with a balance of these aims, often combining multiple purposes depending on the case.

Question 9

Factors Influencing Sentencing

Answer 9

1. Under s143 CJA 2003, courts must first consider the seriousness of the offence, including culpability and harm caused or intended.
   
   2. Mitigating factors can reduce the sentence – e.g., a guilty plea or cooperation with police.
   3. Aggravating factors increase seriousness – e.g., racial motivation or targeting vulnerable victims.
   4. The offender’s background is considered via a pre-sentence report, covering health, finances, and previous convictions.
   5. This helps decide whether a certain sentence type is suitable or not for the individual.
   6. Courts must follow the Sentencing Guidelines set by the Sentencing Council, which outline tariff ranges and offence categories.
   7. The guidelines ensure consistency in sentencing and identify minimums and maximums.
   8. Finally, courts must consider the aims of sentencing (s142 CJA 2003) and ensure the sentence aligns with one or more – e.g., punishment, protection, rehabilitation, deterrence, or reparation.

Question 10

Types of Sentencing

Answer 10

1. Fines are the most common sentence. The Magistrates’ Court can impose up to £5,000, while the Crown Court has unlimited powers, though fines are rarely used there.
   
   2. Community Orders can be given by both courts under s177 CJA 2003. These may include up to 12 different requirements, such as unpaid work, exclusion, or curfews, tailored to the offender’s needs.
   3. Discharges include absolute (no penalty) and conditional (no penalty unless reoffending within up to 6 months). If the offender reoffends, they are sentenced for both offences.
   4. Custodial sentences are used only when the offence is so serious no other sentence is appropriate (s152 CJA 2003). Magistrates can impose up to 6 months, and the Crown Court can impose life imprisonment.
   5. Mandatory life sentences must be given for certain crimes (e.g., murder), with a minimum tariff or sometimes a whole life term (e.g., Dale Cregan).
   6. Discretionary life sentences allow judges to choose life imprisonment where appropriate (e.g., manslaughter).
   7. Fixed-term sentences involve a set period in custody, usually serving half in prison and the rest on license.
   8. Other sentences include driving disqualifications, compensation orders, forfeiture of property, and orders under the Proceeds of Crime Act 1995. Offenders also pay a victim surcharge to support victim services.

Question 11

Role of a Jury

Answer 11

1. Jurors decide the facts and give the verdict in Crown Court trials – they are independent of the judge.
   
   2. During the trial, jurors listen to evidence, take notes, and may submit questions through the judge.
   3. At the end of the trial, they listen to the judge’s summary of the law and evidence, sometimes provided in writing.
   4. Jurors then deliberate in private, following the Criminal Justice and Courts Act 2015, which bans discussing deliberations outside.
   5. A foreperson is chosen to lead discussions and deliver the verdict.
   6. Jurors aim for a unanimous verdict (12-0), which is reached in around 80% of cases.
   7. If that’s not possible, the judge may accept a majority verdict (11-1 or 10-2) under the Peace and Justice Act 1967, introduced to prevent jury nobbling.
   8. The foreperson announces the verdict, and if it’s a majority, under s17(3) Juries Act 1974 they must state the numbers. The judge must accept the verdict, as established in Bushell’s Case (1670).

Question 12

Qualifications of a jury

Answer 12

1. Juries Act 1974 outlines the basic qualifications: jurors must be 18-75, UK residents for 5 years from age 13, and on the electoral register.
   
   2. Disqualifications include individuals with a prison sentence over 5 years (permanent disqualification), or under 5 years (disqualified for 10 years).
   3. Those who have served a community order or other community sentences are also disqualified.
   4. People who are on bail are disqualified from jury service.
   5. People with lack of capacity (e.g., mental illness, deafness, or blindness) are disqualified, as they may not fully participate in trials.
   6. Automatic excusal applies to military personnel and other specified roles.
   7. Discretionary excusal can apply to those in the legal profession, with illness, nursing mothers, exam commitments, or business reasons.
   8. People over 70 years old can apply to be excused, and non-attendance can result in a fine up to £1,000.

Question 13

Selection of a Jury

Answer 13

1. Jury selection starts with a central office choosing around 150 potential jurors from the electoral list using a computer, based on the Crown Court area.
   
   2. A summons is sent to those selected to serve on the jury.
   3. Vetting may include police checks to ensure jurors are not disqualified or have criminal backgrounds. In R v Mason, it was ruled that widespread vetting is not illegal.
   4. For cases involving national security, wider background checks may be conducted under Attorney General guidelines.
   5. In the courtroom, 15 jurors are randomly selected from the 150 to enter the waiting room.
   6. From these 15, 12 jurors are randomly chosen to sit on the jury.
   7. Challenges to the jury include: challenging to the array (e.g., if a jury is biased, like in Romford jury), and challenging for cause (e.g., if a juror knows someone involved in the case).
   8. The prosecution can “stand by” any juror (putting them to the end of the list without giving a reason). Rejected jurors are replaced by the remaining 3. Once 12 jurors are selected, they are sworn in or affirmed.

Question 14

Role of magistrates

Answer 14

1. Pre-trial Bail Decisions: Magistrates decide whether the defendant (D) is granted bail based on the offence’s seriousness and other factors.
   
   2. Plea Hearing: Magistrates hear D’s plea for summary or either-way offences and may pass sentence.
   3. Committing Serious Cases: If the case is too complex or serious, the Magistrates commit it to the Crown Court for trial.
   4. Trial Hearings: They hear summary offence trials and some triable either-way offences in a bench of two Magistrates.
   5. Asking Questions: Magistrates can question witnesses and the defendant during the trial.
   6. Legal Advisor Assistance: A legal advisor is available to guide Magistrates on legal matters, procedures, and practices.
   7. Verdict and Sentencing: If the verdict is guilty, Magistrates decide the sentence (up to 12 months in prison or £2,000 fine).
   8. Additional Roles: Magistrates hear search/arrest warrant applications, hear appeals in the Crown Court, but cannot deal with youth cases.

Question 15

Selection and Appointment of Magistrates

Answer 15

1. Role of the Local Advisory Committee (LAC): The LAC, composed of Magistrates and non-Magistrates, oversees the selection process.
   
   2. Voluntary Nature: Magistrates are volunteers who apply in response to advertisements or through organisations.
   3. First Interview: Candidates undergo a one-on-one interview to assess personal qualities and views on criminal justice issues, ensuring they possess the 6 key qualities.
   4. Second Interview: A group interview to assess the candidate’s judicial aptitude through discussion of a typical court scenario.
   5. Balanced Selection: The LAC ensures that selected Magistrates create a balanced bench, considering gender, occupation, and age.
   6. Suitability Assessment: The LAC evaluates candidates based on their skills, attributes, and ability to serve effectively as Magistrates.
   7. Personal Attributes: During the interview, candidates are assessed on their ability to demonstrate fairness, integrity, and an understanding of justice.
   8. Final Decision: After interviews, the LAC makes the final selection of candidates deemed most suitable for the role.

Question 16

Qualification of Magistrates

Answer 16

1. Age Requirement: Magistrates must be aged between 18 and 65, as per the Courts Act 2003.
   
   2. Location and Commitment: They must live or work in the area of the court and be willing to sit for at least 26 half-days per year.
   3. 6 Key Qualities: Magistrates must demonstrate:
      • Good character
      • Understanding and communication
      • Sound judgement
      • Sound temperament and maturity
      • Commitment and reliability
      • Social awareness
   4. Judicial Qualities: Magistrates need qualities like the ability to absorb facts, make reasoned decisions, and work as part of a team.
   5. Disqualification for Certain Individuals:
      • Police officers and traffic wardens
      • People who are bankrupt
      • Politicians
      • Those with serious criminal convictions (except minor motoring offences)
   6. Disqualification Due to Impairment: Individuals who are hearing impaired are disqualified.
   7. Family Connections: Close relatives of existing Magistrates are also disqualified.
   8. General Disqualification: Those with other serious criminal convictions are disqualified, except for minor motoring offences.ad