criminal courts and lay people

criminal courts

two levels - Magistrates (summary offences) and Crown Court (indictable)

three criminal processes

charged with a crime: bail and remand

trial in Magistrates and/or Crown

the Crown Prosecution Service

being charged with a crime

given ‘charge sheet’ outlining offences

bail

rebuttable presumption that bail should be granted

form of security, sum of money or promise, guarantee that they will appear in a criminal court when required

can be refused or conditional

magistrate’s court

summary and most either-way

sentencing if guilty

first hearing of indictable (eg granting bail)

granting or refusing bail in summary or either-way

trying cases in Youth Court

crown court

serious, indictable offences

appeals from magistrates

a jury that decides guilt

single judge deciding sentence

Crown Prosecution Service

decides which cases are to be prosecuted

determines appropriate offences for charging defendant

prepares cases and present in court

1. evidential burden test (sufficient evidence)

2. public interest stage test

consider premeditation, weapon, authority, vulnerability, previous convictions

indictable

eg murder, manslaughter, robbery and s18 GBH

can sentence up to the maximum

triable-either-way

eg theft, s20 GBH and ABH, drugs offences

sentence up to maximum

summary

eg common assault, motoring offences, minor criminal damage

up to six months for one offence, or 12 for two or more

and/or fine up to 5000

appeals from magistrates

to Crown Court

only available to defence

against sentence/ conviction

heard by panel of single Circuit judge and 2 magistrates

poss appeal to KBD or supreme court

appeal from magistrates to KBD

available to prosecution and defence

on a point of law

heard by 2/3 High Court judges, poss incl CofA judge

poss appeal to supreme

appeals from Crown Court (defendant)

against sentence or conviction

heard in CofA

poss appeal to supreme court

appeals from Crown Court (prosecution)

against acquittal of defendant or against sentence

heard in CofA

poss appeal to supreme court

adult offenders

21 years or older

imprisonment (serious)

community sentences (work)

fines (less serious and common)

discharges (court is enough punishment, conditions eg stay out of trouble)

lay people

magistrates (part-time, unsalaried ‘judges’)

juries (drawn from electorate, guilt in Crown Court)

legally unqualified

magistrates

sit in benches of three, incl two ‘wingers’ and Presiding Justice who acts as a chair

listen to evidence and follow structured guidelines in decisions

summary and either-way or send to Crown Court

preliminary hearings (eg bail, first hearing of indictable)

juries

sit in Crown Court as 12 persons

decide verdict (guilt)

decide the facts of the case

independent and act without fear or pressure from the judge

advantage of juries

public confidence, ordinary people, public process

juries decide verdict in private, not pressured

random selection, diversity

neutrality

disadvantage of juries

slow and expensive (explain points of law)

unpopular, jurors not want to

outside influences eg social media

no explanation of verdict

not understanding the case (too complex)