criminal justice system

• What are the different kinds of courts in Scotland

  • Justice of the peace
  • Sheriff (summary)
  • Sheriff (solemn)
  • High
• Justice of the Peace

  • No jury
  • £2500 maximum fine
  • 60 days maximum prison sentence
  • Crimes like breach of the peace, shoplifting, driving through a red light
• Sheriff (summary)

  • No jury
  • £5000 maximum fine
  • 12 months maximum prison sentence
  • Deals with civil, divorce, custody
• Sheriff (solemn)

  • Judge and jury
  • Unlimited maximum fine
  • 5 years maximum sentence
  • Crimes like theft, assault and drugs
• High Court

  • Judge and jury
  • Unlimited maximum fine
  • Unlimited maximum sentence
  • Crimes like murder, rape, treason and armed robbery
• What verdict des Scotland have that other countries do not

  Not proven
• What is the most important court in Scotland

  High court
• How are courts effective

  • Power to imprison people
  • Deter people from committing crimes
  • Keep the public safe
• Courts have the power to imprison people

  • In Scotland there are three different types of courts that have different sentencing powers. Effective as people who commit serious crimes are suitable punished
  • High court can give unlimited sentence and fine, but Justice of the peace can only give £2500 fine and 60 days in prison
• Courts deter people from committing crimes

  • People are less likely to commit offences as they know the punishments given by the courts are extreme as Scotland has a zero tolerance policy to crime
  • In Scotland you can get life in prison for supplying class A drugs, this deters people from committing this crime
• Courts keep the public safe

  • Courts have the power to imprison people who have committed serious crimes and therefore they are effective as the offender is no longer a risk to the public
  • In 2018, Aaron Campbell was arrested for murdering 6 year old Alesha MacPhail and therefore could no longer harm the public
• How are courts ineffective

  • Reoffending rates are high
  • Some guilty people are getting away
• Courts are ineffective as reoffending rates are high

  • As reoffending rates are high, the punishments given in courts are not enough to deter people from committing crimes. Therefore courts are not effective as offenders are continuing to commit crimes after their punishments
  • 60% of people that serve sentences less than 3 months go on to commit further crimes
• Courts are ineffective as guilty people are getting away

  • As Scotland has the nit proven verdict, it is more likely that people can get away with the crimes they have committed as they are given more time to find evidence that helps them
  • 47% of rape and attempted rape trials in Scotland result in a conviction, according to the most recent figures, more than 1 in 5 result in a not proven verdict
• What are some arguments that suggests that courts are effective

  • They keep the public safe
  • Deter people from committing crimes
  • Imprison perpetrators
• One argument that courts are effective is because they can imprison perpetrators

  • All three criminals courts are able to send someone to prison for the crimes that they have committed as a good way of punishing them for the crimes forcing them to consider their actions
  • For example, many will feel that sending Aaron Campbell to jail after he murdered 6 year old Alesha MacPhail is an effective way the courts have responded to this crime
• Another argument that courts are effective is that they deter people from committing crimes

  • A key role of the courts is to punish the offenders for what they have done so other potential criminals might be put off committing crimes after seeing how others were punished
  • For example, the courts can issue tougher punishments for people who commit hate crimes as a way of deterring people from being racist or homophobic
• Another argument for courts being effective is because they keep the public safe

  • By locking up dangerous criminals the courts keep people off of the street who might otherwise commit horrific crimes
  • For example, by locking up Aaron Campbell, the murderer of Alesha MacPhail, the courts are stopping a potential psychopath from harming others
• Why may a child be referred to the Children's Hearing System

  • Trouble with the police
  • Truanting school
  • Concerns over safety
• One reason why a child may be referred to CHS is because they are in trouble with the police

  • This means that they've been caught a few times by the police committing a crime so they need the help of CHS
  • For example, a child may have been caught fighting by the police and they have been referred
• Another reason why a child may be referred to CHS is because they're truanting from school

  • This means that they aren't attending school and might need help from the CHS
  • For example, a child may have under 70% attendance at school, which is very poor and has been referred
• Another reason why a child may be referred to CHS is because there are concerns over their safety

  • This means that people may believe that the child is in danger either at home or in the community and they may get referred to CHS
  • For example, if school teachers or other adults notice that a child always has bruises, they may get referred to CHS with concerns over their safety
• What are advantages of CHS

  • keeps children and young people out of adult court systems which can be very intimidating
  • Voluntary programmes can help and support young people
  • Supervision can help monitor situations
• What are disadvantages of CHS

  • Limited number of outcomes
  • System is too soft and does not deter crime
  • Disintegration of families makes it hard to co-operate and there are often problems getting the child/family to comply
• What is a reporter in the CHS

  The person who must make an initial investigation before deciding what action, if any, should be taken
• What decisions can the Children's Panel make

  • Discharge the case
  • Defer
  • Remove the young person from the home
• What facilities do Young Offenders Institutions have (Polmont)

  • 3 different halls to house prisoners
  • Can wear their own clothes in all the halls
  • Can pay for TV
  • Can play X-Box, Playstation, etc
• What healthcare does Polmont have

  • Facilities to play badminton, basketball, circuit training, soccer, soft tennis and weight training
  • A dentist available 3 times a week
  • An optician available once a month
  • Stop smoking programme
  • Mental health team, an addiction team, primary care team
• What educational facilities does Polmont have

  • Classes which include: basic education, cookery, creative arts projects, creative writing, English, key skills, life and social skills
  • Vocational training for joinery, plumbing, painting and decorating, forklift driving
  • Can gain qualifications