criminal court systems

• criminal law


  a crime is wrong against the state either by commission or omission that is classified by the state as criminal and one to which a punishment has been attached
• codification of the criminal law


  our criminal law is found in numerous statutes and in common law. it can be difficult for lawyers to find the law and keep up to data let alone lay people
• magistrates courts


  deals with least serious criminal offences
• crown court


  deals with the most serious criminal offences
• summary offences


  least serious offence tried in the magistates
• tribal either way


  a criminal offence which can be tried in either the magistrates' court or crown courts
• indictable offences


  an offence of a more serious type, and is usually tried in the crown court
• case stated appeals


  an appeal to a superior court on he basis of a set of facts specified by the inferior court for the superior court to make a decision on the application of the law to those facts
• leave to appeal


  Permission granted to appeal against the decision of a court.
• referring a point in law


  attorney general has the power to seek the opinion of the court of appeal on a point of law which has arisen in the case, section 36 (1) criminal justice act 1972
• retribution


  punishment inflicted on someone as vengeance for a wrong or criminal act
• rehabilitation


  changing an offender's behavior to prevent future crime for example by requiring an offender to have treatment for drug addiction or alcohol abuse
• reparation


  for example, by the payment of compensation or through restorative justice. restorative justices gives victims the chance to tell offenders about the impact of thee crime and get an apology
• denunciation


  public condemnation of someone or something
• his majesty's pleasure


  someone who is put in prison at his majesty's pleasure is kept there until it is officially decided that it is safe to release them
• protection of the public


  protection from the offender and the risk of more crimes being committed by them. this could be by putting them in prison, restricting their activities or supervision by probation
• deterrence


  preventing the offender from committing more crime and putting others off from committing similar offences
• mandatory life sentance


  judges may give a life sentence to all offenders found guilty of murder. the judge sets a minimum term an offender must serve
• fixed term sentance


  a determining prison sentence is where the court sets a fixed length for the prison sentence
• suspended prison sentence


  this means that the offender does not go to prison immediately but is given the chance to stay out of trouble and comply with up to 13 requirements set out by the court
• community orders


  a community order should generally be imposed in cases too serious to be delt with by either a fine or a discharge but not serious enough for custodial sentences
• prohibited activity requirements


  the offender is required to refrain from a specific activity or activities for a specified period
• curfew requirements


  people must stay indoors, usually at their own home, for the curfew period. they will wear a tag to monitor them
• fine


  it is a penalty of money that a court of law decides has to be paid as punishment for a crime or other offence
• conditional discharge


  this means that, if the offender commits another crime, they can be sentenced for the first offence and the new one
• aggravating factor


  something that makes a crime more serious
• mitigating factors


  any fact or circumstance that lessens that lessons the severity or culpability of a criminal act
• sentencing act 2020


  the code covers sentencing for adults and under 18s and applies to all convictions made on or after December 1st 2020, irrespective of the date on which the offence was committed
• s143 criminal justice act 2003


  in considering the serious ness of any offence, the court must consider the offender's culpability in committing the offence and any harm which the offender caused, was intended to cause or might foreseeably have caused
• what are the five main aims of sentancing?

  - retribution

  -deterrence

  -protection of the public

  -rehabilitation

  -reparation