The Legal System Flashcards
(28 cards)
What are summary offences
Tried out in magistrates court and are the least serious crimes
What are triable either way offences
In either magistrates or crown court, medium crimes
What are indictable offence
Only in the crown court, most serious offences
What are the functions/work of the magistrate’s court
-Summary and either way offences.5000 fine or up to 6 months
-Can push triable either way to the crown court
-Issues warrants
-Youth court proceeding
-Civil jurisdictions
Summarise lay magistrates
-Not legally qualified
-Live/work in the local justice area
-Minimum 26 half days a year
-Can send to another court
-Bench of three
-Listen and decide a verdict
-Court clerk will advise on the law
What are the 6 key qualities of a lay magistrate
-Good character
-Understanding and communication
-Social awareness
-Maturity and sound temperament
-Sound judgement
-Commitment and reliability
What are the pros of lay magistrates
-Members of the community
-Cheap
-Local knowledge
-Improved training
-Quick
-Few successful appeals
What are the cons of lay magistrates
-Unrepresentative of society
-Inadequate compensation and training
-Prosecution minded
-Relies on court clerk
-Inconsistent
How can you be qualified for jury selection
-Aged 18-75
-Electoral register
-Resident in the UK for at least 5 years since 13th birthday
How can you be disqualified for jury selection permanently
-Served custodial for 5 years
-Imprisoned for public protection
-Imprisoned for life
How can you be disqualified for jury selection for 10 years
-Served a sentence or suspended sentence
-offenders of bail
-Community order
Pros of jury selection
-Fairness
-No bias with 12 people
-Secrecy of jury room
-Free
Cons of jury selection
-High acquittal rates
-Unpopular
-Can be against the law
-Media influence
-Lack of understanding
-Friday syndrome
What are the 6 aims of sentencing
-Retribution
-Denunciation
-Reform and rehab
-Deterrence
-Protection of society
-Reparation
What are mitigating factors
Reasons why the defendant should not be punished severely
What are aggravating factors
Reasons why the defendant should be punished severely
Name some mitigating factors
-Youth/old age
-Previous good character
-Provocation
-Domestic or financial problems
-Drink/drug dependency
-Guilty plea
Name some aggravating factors
-Racial or religious motive
-Previous convictions
-Nature of the offence
-D was on bail
Name the 5 imprisonment sentencing options
-Mandatory life sentence-30-15 years
-Discretionary life sentence- judge choices to give life or not
- Release on licence- minimum term, can be released on parole
-Fixed term sentence
-Suspended sentence- if they break terms of suspension both crimes considered
Name the 6 community sentencing options
-Unpaid work requirment-40-300 hours
-Curfew
-Supervision
-Fines-max 5000
-Absolute and Conditional Discharges
-ASBO
What is LASPO
Legal aid, sentencing and punishment of offenders act 2012
What are the pros of civil aid
-Advise from numerous sources
-Some cases get legal aid
-Don’t rely on lawyers
-Private lawyers more suitable for certain cases
What are the cons of civil aid
-Lawyers are expensive
-Legal funding reduced- 1 billion to 739 million
-Not enough budgets for amount free advice needed
