criminal courts and lay people

• classification of offences

  summary

  triable-either-way

  indictable
• summary offences


  magistrates court

  lesser offences (assault, battery)
• triable-either-way offences


  magistrates or crown court

  varying offences (theft, s.47 and 20)
• indictable offences


  crown court

  severe offences (murder)
• summary pre-trial procedure


  first appearance at magistrates

  offered duty solicitor

  D pleads guilty or not guilty

  guilty - magistrates sentences

  not guilty - decide bail, go to trial
• summary offences trial

  held at magistrates court

  verdict decided by three magistrates
• summary offences post-trial


  sentenced by magistrates
• triable-either-way offences pre-trial


  first appearance at magistrates court

  offered duty solicitor

  plea before venue hearing held at magistrates

  D pleads guilty - magistrates sentence or send to crown court

  D pleads not guilty - mode of trial hearing held

  mode of trial hearing - magistrates accept or refuse jurisdiction

  accept - D chooses trial at magistrates or crown

  refuse - case sent to crown, jury decide verdict
• indictable offences pre-trial


  magistrates deal only with funding and bail, case sent to crown

  D enters their plea

  pleads guilty - judge will sentence

  pleads not guilty - go to trial
• indictable offences trial


  crown court

  jury decide the verdict
• jurisdiction of magistrates court


  deal with preliminary hearings of all offences

  try all summary and some triable-either-way

  bench of three magistrates decide verdict

  97% of all criminal cases

  deal with bail applications, arrest warrants and extending custody time

  try cases in youth court
• jurisdiction of crown court


  deal with some triable-either-way offences and all indictable

  hears around 80k cases a year

  verdict decided by jury

  judge sentence those the jury find guilty

  hears appeals from magistrates court
• bail


  granted - allowed to live in community until trial

  refused - held on remand, kept in prison

  D only refused bail if:

  likely to interfere with evidence or commit further offences

  likely to abscond (run away)

  conditions - surrendering passport, curfew, electronic tagging
• appeals from magistrates court


  has right to appeal against conviction or sentence

  case completely reheard by judge and two magistrates

  appeal against conviction - confirmed, reversed or varied

  appeal against sentence - confirmed or increased
• appeals from crown court

  d appeal against conviction or sentence on grounds that conviction is unsafe

  leave (permission) to appeal is required

  court may order retrial or quash conviction

  sentence may be reduced but not increased
• types of sentencing

  custodial

  financial

  community orders

  discharge
• custodial sentences description

  d sent to prison

  suspended sentence - only served if further offences committed

  life sentences - mandatory, discretionary

  fixed-term -released on license after half sentence served

  extended - up to maximum for crime allowed
• custodial sentences suitable for

  protect public

  deterrent
• fines description

  d made to pay money to state

  cannot be more than maximum fine for offence

  most common sentence

  usually pays set amount each week
• community orders description

  unpaid work requirement - 40-300 hours

  supervision requirement

  drug or alcohol treatment

  curfew requirements
• discharges description

  absolute - no punishment as such, goes on criminal record

  conditional - no punishment unless d reoffends, go on criminal record
• aims of sentencing

  punishment

  reduction of crime

  reform and rehabilitation

  protection of the public

  reparation
• punishment description


  retribution for wrongdoing

  'an eye for an eye'

  sentence must be proportionate to crime

  contains element of denunciation
• reduction of crime description

  deterrence

  sentence must be severe and delivered swiftly

  individual deterrence - put off particular offender

  general deterrence - put off general public
• reform and rehabilitation

  forward looking aim

  change their ways
• protection of public description

  preventing offender from re-offending

  incapacitating offender
• reparation description


  considers victim

  pay money to victim

  make amends
• sentencing factors

  sentencing guidelines and powers of the court

  aggravating factors

  mitigating factors
• sentencing guidelines and powers of the court 


  magistrates have limiting sentencing powers

  no court can impose maximum sentence
• aggravating factors

  make sentence more severe

  racial or religious hostility

  hostility towards sexual orientation

  gang violence

  use of a weapon

  vulnerable victim

  offence committed on bail

  previous similar convictions
• mitigating factors

  make sentence more lenient

  genuine remorse

  playing a minor part in crime

  first time offender

  early guilty plea

  provocation

  previous good character

  mental or physical illness of d

  cooperating with police
• role of lay magistrates

  try 97% of all criminal cases

  deal with remand hearings, bail applications and committal proceedings

  deal with summary matters

  decide verdict and sentence

  deal with please before venue and mode of trial hearing

  accept or refuse jurisdiction

  sit with judge in crown court

  hear appeals from magistrates court
• qualifications of magistrates

  must be ages 18-74

  must live in local justice area

  must be prepared to sit 26 half days per year

  must have good character, sound judgment, understanding, communication, social awareness
• disqualifications of magistrates

  must not have any serious criminal convictions

  must not work in criminal justice system

  cannot be in armed forces

  have an undischarged bankruptcy
• role of jury

  only use is 2% of cases

  decide verdict

  listen to evidence

  decide question of fact

  retire to jury room at end of trial to discuss case in secret

  don't give any reason for verdict
• qualification of jury

  ages 18-75

  name on electoral register

  resident in uk for 5 years since age 13
• disqualification of jury

  10 years - sentence less that 5 years

  life - sentences more than 5 years
• jury advantages

  jury equity - decide case on own ideas of fairness, help citizens feel empowered

  secrecy of jury room - open and honest, free from pressure and public ridicule, protect jurors from harassment

  open justice - matters explained simply, d able to follow proceedings
• jury disadvantages

  secrecy of jury room - risk of jury nobbling, threatened or bribed

  lack of understanding - no minimum education standards, longer trial = greater costs, everything needs to be explained to them

  media influence - swayed by opinionated journalists,