The criminal courts

The purpose of the criminal courts

The criminal courts uphold laws by prosecuting behaviour that violates them. The courts of first instance are the Magistrates’ court and the Crown Court. The CPS decides whether to move forward with prosecutions.

Role of the Magistrates’ court

• Deals with 97% of all criminal cases.

• Deals with all summary offences and most triable either way offences

• Sentencing guilty defendants but they only have limited powers

• Trying cases in the youth courts

Role of the crown court

• Deal with indictable offences

• Some triable either way offences

• Appeals from the magistrates

• Cases where the magistrates have passed up sentencing as the defendant needs a stronger penalty they don’t have the power to give

Pre-trial procedure

A first hearing will take place where a plea is taken and depending on that a date is set, bail is decided and the court is decided

Appeals from the Magistrates’ court to the Crown court

Only available to the defense and can only be taken up against the conviction or sentence. The appeal is heard by a circuit judge and two magistrates with the aim of having the sentence changed or quashed

Appeals from the Magistrates’ to the QBD

Available to both defense and prosecution with the reason for appeal being a point of law. Heard by 2-3 High court judges and possibly a CoA judge with the aim to either have the conviction quashed or if the prosecution brough it forward to have D convicted.

Appeals from the Crown Court by the defendant

These are taken against unsafe convictions and will require the ascension to be allowed based on new evidence or a point of law. Heard by a court of appeal judge with the aim of quashing the conviction.

Appeals from the Crown Court by the prosecution

Appealing against the acquittal of D by the prosecution or the attorney general if they are unhappy with a point of law or if the AG sees the sentence as unduly lenient and wants it extended. Heard by the CoA.

The five basic aims of sentencing under s 142 of the Criminal Justice act 2003

• The punishment of offenders

• The reduction of crime (including by deterrence)

• The reform and rehabilitation of offenders

• The protection of the public

• The making of reparation

Factors effecting sentencing

• The type of crime committed

• The seriousness of the crime

• The circumstances of the crime

• D’s criminal record

• Whether D pleaded guilty or not

• Other aggravating and mitigating factors

Types of sentences - Imprisonment

The offender’s behaviour is so serious no other sentence will suffice. Half the sentence will be served in prison and the other half on licence

Types of sentence - Community sentences

Offenders are mad to carry out between 40 and 300 hours of demanding community work or undergo drug treatment

Types of sentences - Fines

Taking money with the amount varying based on the severity of the crime

Types of sentences - Discharges

This is where the judge feels just being put through the trial was sufficient a punishment and D should be let go having learned their lesson