Criminal courts + Lay people + Juries (legal system)

What are the 2 courts which hear criminal trials

Magistrates

Crown court

3 classification of offences

Summary

Triable either way

Indictable

Summary offences + example

Magistartes court

Least serious

Common assault

Triable other way + example

Both courts

Seriousness dependant

Theft

Indictable

Crown court

Most serious

Murder

Summary trials (2)

Determine guilt

Max sentencing powers of 6 months / £5000

Youth court

Anyone 10-17 is tried here

what does the crown court try (2)

Trying indictable / serious triable either way

Appeals from the magistrates

Pre trial procedure for summary

1. In magistrates

2. Guilt questioned

3. If plead guilty sentence is decided

4. f plead not guilty trial goes ahead and sentence decided

Pre-trial procedure for triable either way

1. Please before venue

2. If guilty plea, magistrates hear facts and decide if sentencing sufficient

3. If not guilty plea, magistrates choose whether to accept or reject jurisdiction

4. If accept summary offence - D is given choice of court

When is crown court used for appeals

Conviction / sentencing issues

Appeal from magistrates by way of case stated

Divisional courts

(On a point of law)

When is the supreme court used in appeals

On a point of law of public importance

Appeals to Supreme Court form crown court

Court of appeal must give permission and have public interest

Appeal from crown courts

Can be re-trialed or point of law evaluated in court of appeal

5 aims of sentencing

Deterrence

Rehabilitation

Punishment

Protection of the public

Reform

Aggravating factors when deciding sentencing (3)

Make offence more serious

Previous convictions

Against vulnerable victims

use of weapons

Mitigating factors when deciding sentencing (3)

Make offences less serious

First condition

Very young or old

Expressed remorse

Types of sentences (4)

Custodial (Imprisonment)

Community orders

Financial

Discharges

Types of custodial sentences

Suspended (Only serve if another crime committed)

Life

Fixed

Extended (after sentence they are supervised a little)

Types of community orders (5)

Prohibited activity

Unpaid work

Supervision

Drug/alcohol treatment

Curfew

2 types of discharges

Unconditional - criminal record but no punishment

Conditional - period where if they commit other crimes they will be prosecuted for the first too

Selection of magistrates (2)

2 stage interview

Asses personal attributes

Testing judicial judgement

Qualifications of juries

19-75

Must be on electoral register

Must have been in uk 5 years

What disqualifies you from jury service

Imprisoned for more than 5 years

Will be disqualified for 10 years if under 5 years

Currently on bail or investigation

How do juries get selected

From electoral register 150 selected

On day 15 selected form pool for courtroom

Clerk then selects 12 and remaining 3 are backup

Advantage to secrecy of jury room

Free from pressure in their decisions

Ensures safety of jury as they know no backlash will come

Disadvantage of secrecy of jury room

Don’t need to reason verdict which makes it difficult to appeal

No one knows what misconduct happens in jury room

Advantages of using courts to solve a dispute (4)

Legal personnel used

Legally binding

Precedent allows for lawyers to advise clients

remedy guaranteed

Disdvantages of using juries (5)

Lack legal knowledge an understanding

Costly to the state

Difficult to know if they have been influenced

Compulsory makes it unliked

Don’t have to justify decisions

Grounds of appeals (3)

Correct errors

Develop the law

Ensure consistency

Qualifications of magistrates (5)

Good character

Understanding and communication

Social awareness

Temperament

commitment

How many magistrates in criminal cases

Sit as bench of 3

Advantages of juries

Ensures public confidence

Secrecy of the jury room

Impartial (not connected with anyone)