law paper 1 legal system

Summary offences

Less serious, tried in magistrates eg common assault

Triable either way offences

Middle range offences, tried in magistrates or crown court, vary in degree of harm eg ABH, theft

Indictable offences

More serious crimes, tried in crown court eg murder GBH

Powers (jurisdiction) of magistrates court

330 in England and Wales staffed by lay magistrates

Summary trials - main job is to deliver summary justice to people with less serious offences, they act as a court to determine guilt or innocence and have powers to pass sentence max 12 month imprisonment

Allocation- also deal with more serious offenders as it’s their job to conduct transfer proceedings for crown court cases

Youth court- anyone 10-17 accused of a crime in dealt with in youth court, a branch of the magistrates court

Jurisdiction of the crown court

77 different centres through England and wales and deal with only serious cases

Trial of indictable and either way offences- cases tried by single judge and jury

Appeals from magistrates court- appeals against conviction/ sentence passed by the magistrates

Passing sentence- passing sentence on where defendant found guilty by magistrates but they feel sentence is more severe than they can give so defendant goes to crown court

Pre trial procedures in criminal cases

First hearing of all cases is at magistrates court where legal aid/ bail and reports are discussed

Pre trial procedure for summary offences- defendant asked for plead if guilty magistrates will sentence if not guilty a trial will take place

Pre trial procedure for indictable offences- case transferred to the crown court

pre trial prosecute for triable either way offences- defendant asked for plea, if guilty case goes to magistrates court, if not guilty, a mode of trial takes place and the most appropriate court is decided based on sentencing powers

Appeals from magistrates court

appeals against conviction or sentence- heard in crown court by a judge and two magistrates , court will review evidence again

appeal by way of case stated- heard in divisional court, a it’s an appeal on a point of law there is no need to hear from any witnesses

final appeal- from the divisional court to the supreme court but only on a point of law of public importance

aims of sentencing

punishment

reduction of crime (deterrence)

reform and rehabilitation

protection of the public

reparation

factors in sentencing

sentencing act 2020 contains a detailed list of aggravating and mitigating factors

aggravating factors- make offence more serious and increase the sentence eg previous conviction for similar offences

mitigating factors- make the offence less serious and decrease the sentence eg first offence

types of sentence (custodial) (suspended)

sentencing act 2020 states custodial sentences should be reserved for serious offences only when neither a fine or community sentence can be justified

suspended- offender given a custodial sentence of up to 2 years but judge/magistrate choose to suspend it for up to 2 years so offender doesn’t go to prison immediately and given the chance to stay out of trouble

if offender doesn’t comply with requirements or convicted of another crime during suspended sentence then original sentence is activated and they will serve that sentence along with any others

types of sentences (fixed term determinate sentences)

imprisonment for a set number of months or years, length will depend of various factors eg seriousness of crime and offenders previous record

prisoners don’t necessarily serve whole of their sentence, usually automatically released on licence after they have served half their sentence then subject to a period of supervision

for some serious violent or terrorism related offences the offender may not be considered for release until they have served 2/3 of sentence

types of sentences (life sentences)

subject to that sentence for the rest of their life, a judge must specify the minimum term an offender must spend in prison before eligible for parole and at the end they can apply to the parole board for release on licence and released if no longer a public risk

an exception when a judge passes a whole life sentence meaning the offender must spend rest of their life in prison

community orders

unpaid work

prohibited activity or exclusion requirements

rehabilitation activity requirement

drug/ alcohol/ mental health treatment

curfews or residence requirements

financial sentences

fines are most common type of sentence due to low level crimes eg driving offences

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

can be given to organisations/companies as well as people

discharges

given for least serious offences meaning the person is released from court with no further action

absolute discharge- no penalty imposed because the experience of going to court is punishment enough

conditional discharge- court discharges offender on the condition no offence is committed during a set period of up to 3 years

lay magistrates (qualifications)

dont require any law qualifications but certain qualities:

good character

understanding and communication

social awareness

maturity and sound temperament

sound judgement

commitment and reliability

applicants must be between 18-74 and give up 26 half days a year

people with serious criminal convictions or those who have conflict of interests are not eligible

selection of magistrates (lay magistrates)

LAC made up of former magistrates and key community leaders recruit new magistrates

the LAC carries out a 2 stage interview at the first the panel assesses candidates personal attributes looking to see if they have the 6 qualities

the second interview is aimed at testing potential judicial aptitude

appointment of magistrates

LAC submit names of suitable candidates to the senior presiding judge for england and wales

candidates appear in court and swear the oath of allegiance

once appointed the may sit until aged 75

role of magistrates in criminal cases

magistrates court try 97% of criminal cases