criminal courts/appeals and sentencing

classification of offences

the two courts which hear criminal trials are the magistrates court and the crown court .The actual court for the trial is decided by the category of crime involved in the charge

summary offences

less serious offences always tried in the magistrates court e.g common assault

triable either way

middle range offences which can vary in the degree of harm caused e.g theft and assault occeasioning abh . these cases can be tried in either the magistrates court or the crown court

indictable

more serious crimes always tried in the crown court e.g murder or manslughter

magistrates courts

• lowest tier in the criminal justice system

• 330 in the UK

• staffed by 23,000 lay magistrates

  deals with:

• trials of all summary offenses and most triable either-way offenses

• allocation of trial proceedings for either way offences

• sending for trial hearings in indictable cases

• youth court cases

• issuing arrest and search warrants

• deciding bail

summary trials

deliver summary justice to people charges with less serious offences and eother way offences

act as a court of trial to determine guilt or innocence and pass sentence ,subject to 12 month imprisonment

allocation

dealings with more serious offenders as its their job to conduct transfer proceedings for cases going up to the crown court

crown court

deals exclusively with serious criminal cases, trying indictable cases and some eitherway offenses, sentencing from the magistrate’s court as their power is limited, and appeals from the magistrate’s courts against convictions or sentence

trial of indictable offences and either way offences

cases are tried by single judge and a jury

appeals from the magistrates court

this includes appeals against conviction and or sentence passed by magistrates

passing sentence

d has been found guilty by the magistrates but ther magistrates feel appropriate sentence is more severe than they have power to give (more than 12 months)d is sent to crown court

pre-trial procedure for summary offences

• d will be asked whether they plead guilty or not

• if they plead guilty the magistrates will sentence

• if they plead not guilty a trial will take place and sentence passed if verdict is guilty

pre trial procedure for indictable offences

• case is transferred to the crown court

pre trial procedure for triable either way offences

• “plea before venue”-d will be asked if they plead guilty or not guilty

• if they plead guilty case is automatically heard in the magistrates court and they sentence but retain the option of sending d to the crown court for sentencing if they believe it necessary

• if they plead not guilty “mode of trial” takes place and magistrates will decide on the best court to try the case-magistrates consider whether they have enough jurisdiction if not they will transfer to the crown court-d can choose where they want to be tried

  magistrates retain the right to send the case to crown court upon completion and a guilty verdict being passed

reasons for appeals

• correct errors of fact,law or procedure by giving the appellant at least one opportunity to have case reviewed

• develop law

• ensure consistency in the way courts of first instance apply the law and carry out sentencing

appeals from the magistrates court

the two appeal routes are to the crown court or to the queens bench divisional court

where are appeals against sentence or conviction by the defence heard?

• in crown court by a judge and two magistrates

• a retrial where court will review the evidence

• crown courts decision is final and no further route of appeal (a further appeal by way of a case stated is possible)

where are appeal by way of case stated heard?

• appeal by either defence or prosecution

• heard in divisional court(part of queens bench divison of the high court)

• this is an appeal on a point of law and no need to hear from witnesses

final appeal

from the divisonal court to the supreme court but ONLY on a law of public importance

appeals by the defence from the crown court

• d may appeal against conviction but permission must be granted by the trial judge or from a court of appeal

• the only reason a consent may be granted is if the conviction is unsafe

• court of appeal may quash the conviction or retrial

• court of appeal may admit new evidence in the interest of justice

appeal by the prosecution from the crown court

• if there is evidence of jury tampering court of appeal may order a retrial

• prosecution may apply to court of appeal if there is new compelling evidence of the aquitted persons guilt and it is in the public interest for a re trial

• may apply to court of appeal on a point of law if judge has made error in explaining the law to the jury

• prosecution may ask the attorney general to challenge unduly lenient sentence

appeals to the supreme court

• p and d have the right to appeal from the Court of appeal to the Supreme court

• court may give permission only if it involves a point of law of public importance

aims of sentencing

the aims or purposes of sentencing are now set in the sentecning act 2020 s.57

punishment

• retribution for wrongdoing, it is society’s revenge for the offense. It should fit the crime “eye for an eye”

• it contains an element of denunciation which is society's outrage at the offence committed

reduction of crime

• individual deterrence aims to put particular offender off reoffending by sentencing or threat of imprisonment

• general deterrance puts society of committing crimes by minimum sentences

reform and rehabilitation

• try to reform the offencder to stop them reoffending

• focused on longer term looking at the potential of the offender to reform

• improtant aim in sentencing young offenders

protection of the public

• protects the public from danger by stopping offenders from reoffending

• this is achieved by incapacitating the offender e.g imprisonment

reparation

aimed at compensating the victim of the crime usually by ordering offender to pay a sum of moeny to victim

can also include reparation to society e.g unpaid work

factors in sentencing

the court must decide how serious the offence was , of its type, including the offenders cupability

aggravating factors

makes the offence more serious and increases the sentence e.g previous convictions

mititgation factors

is one which makes the offence less serious and decreases the sentence

exampls of aggravating factors

previous convictions for similar offences

offence commited while on bail

hostility based on gfrounds of race, religions , sexual orientation or diability

vulnerable victim

gang attack

use of a weapon or repeated attack

examples of mitigating factors

first offence committed

mental of physical illness

d is a vulnerable offender easily influenced

pleading guilty at first available opportunity

expressed remorse and perhaps offered to compensate

provocation

offenders backgrouns

was d previously a goood chatacter or d did have a criminal record

if previous convictions are fo similar offences a heavier sentence is likely

if d has no previous convictions a more lenient sentence is usually given

guilty plea

reduces sentence according to how ealry d entered guilty plea

1/3 discount for a guilty plea at first opportunity

1/10 discount for a guilty plea when the trial has started

pre sentencing reports

an officer from the probation service will interview the offender to find ot

attitude towards the offence

attictude to victim or victims

home circumstances

risk of harm

while this is going on d is either bailed or remanded in custody

types of sentence

custodial

community

fines

discharges

custodial sentences

only for offences so serious that neither a fine nor a community sentence can be justified

a custodial sentence can be immediate or suspended ( means no custody is served provided d does not commit any further offence within a 2 year period

what act does the custodial sentence definition come from

sentencing act 2020 s.230

there are 2 term sentencing is custodial sentences

fixed term

extended

life

extended sentences

introduced by LASPO 2012 for certain vilent or sexual offences

judge sets custodial sentence followed by an extended period of license up to 8 yrs

offended must serve two thirds of their prison sentence before they can be considered for release

fixed term sentences

imprisonment for a set number of months or years

offended will be released after serving half of the sentence

max sentences for offences are set by parliament

some minimum sentences for repeat offenders e.g dealing class a drugs , burglary

life sentences

mandatory for murder- judge sets minimum term using guidlines in sentencing act 2020

offended released only if parole board satisfied it is safe

offended remains on licence for rest of their life

discretionary for other serious offences e.g manslaughter

community sentences

court can mix and mathc rewuirements to reflect the offence

unpaid work 40-300 hrs over a year

rehabilitation activity/supervision

requirement up to 3 yrs

prohibited activity requirement

curfew

financial sentences

most common type of sentence given

amount is set by court after considering seriousness of offence and how much money the offender can pay

fine - paid to state

compensation-paid to victim

discharges

absolute

conditional

absolute

no penalty despite guilty

only used where an offender has technically committed an offence but is morally blameless

conditional dishcarge

no penalty but if the offended commits further offence in the next 3 yrs then he or she may be re sentenced for the original offence