The Criminal Courts

Question 1

What are the three categories of criminal offences

Answer 1

Summary
Triable either way
Indictable

Question 2

What is a summary offence

Answer 2

Least serious
Tried in magistrates
Common assaults, criminal damage less thank £5,000, shop limiting under £200, driving offences

Question 3

What are triable either way offences

Answer 3

Middle range
Tried in either magistrates of crown court
Theft, ABH
Guilty= magistrates
Not guilty= can choose
Too serious= crown court

Question 4

What is an indictable offence

Answer 4

Most serious
Murder, manslaughter, rape
First preliminary hearings at magistrates then crown court

Question 5

What are magistrates

Answer 5

Legally qualified district judges or unqualified lay justices

Question 6

What is the maximum sentence a magistrate can give

Answer 6

6 months for one offence or 12 months for two

Question 7

What else can magistrates impose

Answer 7

Fines, community orders or a conditional charge

Question 8

What else do magistrates do

Answer 8

Deal with preliminary hearings of triable either way offenses
Deal with first preliminary of indictable offences
Deal with side matters of criminals cases such as issuing warrants
Try cases in the youth court

Question 9

Where can you appeal from the magistrates court

Answer 9

The crown court
Administrative court in queens bench division

Question 10

On what grounds can you appeal from the magistrates court to the crown court

Answer 10

Sentences or decisions

Question 11

On what grounds can you appeal from magistrates to administrative court

Answer 11

On a point of law

Question 12

What court can you appeal to from the administrative court

Answer 12

The Supreme Court

Question 13

What is the role of the judge in the crown court

Answer 13

Decide point of law
Decide appropriate sentence

Question 14

What court can you appeal to from the crown court

Answer 14

Court of appeal

Question 15

On what grounds can you appeal to the court of appeal from the crown court

Answer 15

Decision
Sentence

Question 16

What court can you further appeal to from crown court

Answer 16

The Supreme Court

Question 17

What are the 5 purposes of sentencing

Answer 17

Punishment
Reduction of crime
Rehabilitation
Protection of the public
Making of reparation by offenders to those affected

Question 18

What is retribution/ punishment

Answer 18

The offender deserves punishment for their act, so the sentence given must be proportionate to the offence

Question 19

Tariff sentences

Answer 19

Bases of the idea that each offence should have a certain tariff level of sentencing

Question 20

Deterrence

Answer 20

Individual deterrence is intended to prevent offender from reoffending through fear of punishment
General deterrence is intended to prevent other offenders from committing crimes

Question 21

Rehabilitation

Answer 21

Hope that the offenders behaviour will be altered by the penalty imposed

Question 22

Protection of the public

Answer 22

Life imprisonment or long term imprisonment are given to dangerous offenders to protect public
Dangerous drivers are disqualified from driving

Question 23

Reparation

Answer 23

This is aimed at compensating the victim of the crime
For example money

Question 24

Powers of the criminal courts

Answer 24

Custodial sentences
Fine
Conditional charges
Disqualification from driving

Question 25

What is custodial sentencing

Answer 25

The crown court has unlimited power It can pass any length sentence up to the maximum The magistrates court only have power to send offenders for six months

Question 26

Fines

Answer 26

The crown court has unlimited power to pass fines with no maximum limit In the the magistrates court there are 5 levels with maximum fines

Question 27

Sentences available for adults

Answer 27

Custodial sentences community orders Fines Discharges

Question 28

Custodial sentences

Answer 28

Mandatory and discretionary life sentences Fixed term sentences- imprisonment for a way number of months or years Suspended prison- the sentence is activated is offender reoffends

Question 29

Community orders

Answer 29

Sentences can be mix and match Unpaid work Prohibited activity Curfew Mental health treatment Drug rehabilitation Alcohol treatment Supervision

Question 30

What is a conditional discharge

Answer 30

The court discharge an offender on the condition that they don’t reoffend

Question 31

What is an absolute discharge

Answer 31

No penalty is imposed

Question 32

Factors in sentencing

Answer 32

The offence Sentencing guidelines Offenders background

Question 33

The Offence

Answer 33

Aggravating and mitigation factors

Question 34

Aggravating factors

Answer 34

Gives harsher sentence Previous convictions On bail Racial, religious, disables, sexual orientation hostility Group attacks Vulnerable victim A victim serving the public

Question 35

Mitigating factors

Answer 35

Gives lighter sentences Mental illness Physical illness No previous convictions Genuine remorse Guilty plea

Question 36

Sentencing guidelines

Answer 36

Give a starting point for an offence, in particular whether a custodial or community order should be given

Question 37

Background of offender

Answer 37

Previous convictions Reports

Question 38

What is a lay magistrate

Answer 38

Unpaid part time judges In the magistrates courts They sit a a bench of two or three Single magistrates can issue warrants for arrest

Question 39

Formal requirements of lay magistrates

Answer 39

Between 18-65 Prepared to commit 26 and a half days a year Restrictions- criminal convictions, bankrupts, members of the force, impaired hearing

Question 40

Appointment

Answer 40

Made by lord justice Adverts to encourage wide variety Two stage interview process At the first interview find our more about candidates attributes The second interview aims at testing candidates potentials

Question 41

Role or magistrates

Answer 41

Deal with summary offences Deal with triable either way in magistrates Deal with preliminary issues Transfer indictable offences to crown court Youth court Family court Appeals in crown court

Question 42

Jury independence

Answer 42

Bushels case established that the judge could not challenge decisions R v McKenna

Question 43

Basic qualifications for a juror

Answer 43

18-75 Registered on electoral Resident in uk

Question 44

Disqualification of jury

Answer 44

Life imprisonment Prison Mentally disordered persons Members of the force- excused Lack of capacity to understand I.e not understanding English Deaf people- not allowed interpreter

Question 45

Selection of jury

Answer 45

Selected at random from electoral register Vetting- police checks ( r v crown court at Sheffield) and wider background checks Selection of 12/15

Question 46

The role of the jury

Answer 46

Listen to both sides Listen to judges summing up and point of law Retire to a private room Decide majority verdict 10:2 or 11:1

Question 47

Advantages of jury

Answer 47

Public confidence- 12 strangers promoted impartiality and fairness Jury equity- do not give reason for decision so may decide on ‘fairness’ (postings case) Secrecy of the jury room- protected from outside influences Impartiality- random selection leads to impartiality

Question 48

Disadvantages of jury

Answer 48

Secrecy- no reason given so no way of knowing whether jurors understood and made decision on right reasons (r v Mirza) Racial bias- may be prejudices which effect verdict (sander v uk) Media influence- publicity may effect decision (r v Taylor and taylor) Lack of understanding- lack of legal knowledge Jury tampering- bribing jury or threatening (ks v r) High acquittal rates- acquit too many defendants