Sec 1 Criminal courts and lay people Flashcards
(32 cards)
What are the two main criminal courts in England and Wales?
The Magistrates’ Court and the Crown Court.
What types of offences are heard in the Magistrates’ Court?
Summary offences and either-way offences (if chosen).
What types of offences are heard in the Crown Court?
Indictable offences and either-way offences (if sent there).
What is a summary offence?
A minor offence tried only in the Magistrates’ Court (e.g., speeding, minor assault).
What is an either-way offence?
An offence that can be tried in either the Magistrates’ or Crown Court (e.g., theft, ABH).
What is an indictable offence?
A serious offence tried only in the Crown Court (e.g., murder, rape).
What is a mode of trial hearing?
A hearing in the Magistrates’ Court to decide where an either-way offence will be tried.
Who hears cases in the Magistrates’ Court?
A bench of 2 or 3 lay magistrates, or a District Judge sitting alone.
Who hears cases in the Crown Court?
A judge and a jury of 12 lay people.
What is the role of the jury?
To decide the verdict (guilty or not guilty) based on facts.
What is the role of the judge in the Crown Court?
To oversee the trial, ensure law is followed, and pass sentence if convicted.
What court hears appeals from the Magistrates’ Court?
The Crown Court (against conviction or sentence), or the High Court (on a point of law).
What court hears appeals from the Crown Court?
The Court of Appeal (Criminal Division).
What are lay magistrates?
Unpaid, part-time volunteers who hear cases in the Magistrates’ Court.
What qualifications are required to be a lay magistrate?
No formal qualifications, but must be aged 18–65 and have key personal qualities.
Name three key qualities of a magistrate.
Good character, sound judgment, and social awareness.
How are lay magistrates selected?
Applications go through a Local Advisory Committee and interviews assess suitability.
How are magistrates trained?
Through initial training and mentorship arranged by the Judicial College.
What is the role of magistrates in criminal cases?
To decide guilt in summary trials, sentence defendants, and conduct bail hearings.
What sentencing powers do magistrates have?
Up to 12 months’ imprisonment (for two offences) and unlimited fines.
What are the advantages of using magistrates?
Cost-effective, local knowledge, diversity, public involvement.
What are the disadvantages of using magistrates?
Inconsistency in sentencing, possible prosecution bias, lack of legal training.
What is the jury’s role in a criminal trial?
To listen to evidence and decide a unanimous (or majority) verdict.
What case shows jury equity?
R v Ponting – jury acquitted D despite clear breach of Official Secrets Act.
