Chapter 2 - Criminal courts and lay people

What is the two courts that will hear trials of criminal cases?

Magistrates' Court and the Crown Court

What happens when a defendant pleads guilty?

They will receive a sentence

What happens when defendant pleads not guilty?

There will be a trial to decide if the accused is guilty or not guilty.

Who is the burden of proof on in criminal cases?

The burden of proof is on the prosecution who must prove the case beyond reasonable doubt

How will guilt be decided?

A district judge or lay magistrates in the Magistrates' Court or a jury in the Crown Court

What is the jurisdiction of the Magistrates' Court?

1. Try all summary cases

2. To try any triable either way cases that can be dealt with in the Magistrates' Court

3. To deal with the first hearing of all indictable offences. These cases are then immediately sent to the Crown Court

4. To deal with all preliminary matters connected to criminal cases, such as issuing warrants for arrest and deciding bail applications

5. To try cases in the Youth Court where defendants are aged 10-17 inclusive

What is the jurisdiction of the crown court?

A judge sits alone to hear pre trial matters and where a defendant pleads guilty.

When a defendant pleads not guilty; a jury is used to decide the verdict. The judge will:

- control the court

- rule on relevant issues of law

- direct the jury on the law and evidence

- impose a sentence if the defendant is found guilty

What is the role of the prosecution in the crown court?

- It is the crown prosecution service which initially advises the police on what offence to charge

- Lawyers work for the CPS. They may direct the police on what evidence is required and needs to be obtained

- Once the case comes to court, lawyers present the case and try to prove the defendant guilty beyond reasonable doubt

What is the role of the defendant in the crown court?

- This is the person charged with a criminal offence

- They (and their lawyer) do not have to disprove the prosecution case but to cast sufficient doubt on it

What are the three types of offences?

1. Summary offences - the least serious offences: have to be tried in the Magistrates' Court

2. Triable either way offences - more serious offences: can be tried in either the Magistrates' Court or in the Crown Court

3. Indictable offences: the most serious offences: have to be tried in the crown court

What are the pre trial procedures in summary offences?

- The Magistrates will consider a sentence if the D has pleaded guilty

- In some minor driving offences, the D can plead guilty by post

- If the D pleads not guilty, the magistrates will try to discover the issues involved and set a date for trial

What are the pre trial procedures in triable either way offences?

- D will be asked to plea before the venue

- D can't request a hearing in crown court, but it can be sent there if magistrates have insufficient powers

- The mode of trial is used to decide the most appropriate court for the case to be dealt with

What are the pre trial procedures for indictable offences?

- First hearing will be in Magistrates shortly after D is charged

- There will be a "Plea and Trial Preparation Hearing" as soon as possible after case has been sent

- The indictment will be prepared before trial and sets out the charges against the D

- Both the prosecution and defence have to make certain points known to each other before trial

When are appeals from the Magistrates to the Crown Court available?

- If the D pleaded guilty at the Magistrates, then an appeal can only be made against sentence. The Crown Court can confirm the sentence, or they can increase or decrease it. However, any increase can only be up to the Magistrates maximum powers

- If the D pleaded not guilty and was convicted, an appeal can be made against the conviction and/or sentence. The crown court will hold a complete rehearsing of the case including any evidence that was not available in the Magistrate's Courts. They can confirm or vary the conviction and/or sentence or find the D guilty of a lesser offence

What are case stated appeals?

Appeals that go to the Queen's Bench Divisional Court, either directly from the Magistrates Court or following an appeal to the Crown Court. The approach will be that the magistrates came to a wrong decision because they made a mistake about the law.

What are the appeals from the crown court?

If D has been found guilty, they should be advised by their lawyers on the possibility of an appeal. An appeal can be made against conviction and/or sentence to the Court of Appeal. The defendant can apply to introduce new evidence. If the Court of Appeal cannot deal with it, its sent to the Supreme Court.

What are the aims of sentencing?

- Punishment of offenders

- Reduction of crime (deterrence)

- Reform and rehabilitation of offenders

- Protection of the public

- Offenders making reparation to the victims

What is meant by punishment of offenders?

The idea is that the offender deserves punishment for carrying out a criminal act or acts. It does not seek to reduce crime of alter the offender's future behaviour.

What are the two types of deterrence?

Individual deterrence and general deterrence

What is individual deterrence?

Aims to ensure that the offender does not reoffend, though fear of future punishment.

What is general deterrence?

Aims at preventing other potential offenders from committing crimes

What is meant by reform and rehabilitation?

Aims to alter the offenders behaviour so that they don't reoffend.

What is meant by protection of the public?

The Legal Aid Sentencing and Punishment of Offenders Act 2012 introduced new sentences where the main aim is to protect the public from violent prolific offenders

What is meant by making reparations to the victim?

This is aimed at compensating the victim of the crime, usually by ordering the offender to pay a sum of money to the victim or to make reparation.

What are the two types of factors judges have to consider in sentencing?

- Aggravating factors will increase a sentence

- Mitigating factors will reduce a sentence

What are the main factors in sentencing?

-pre-sentence reports

-medical reports

-sentencing guidelines

-reduction in sentence for a guilty plea

-the offenders background

What are pre sentence reports?

These are prepared by the probation service for consideration by the court before sentencing. The report will give information about the offenders background and the suitability for a community based service. It might show why an offender committed the crime, and indicate the likely response to a community based penalty

What are medical reports?

Where the offender has medical or psychiatric problems, the courts will usually ask for a report to be prepared by an appropriate doctor. Medical conditions may be important factors in deciding the appropriate way in deciding the appropriate way of dealing of the offender.

What are sentencing guidelines?

The sentencing council was established to bring greater consistency and transparency to sentencing practise. It has the responsibility for:

- developing sentencing guidelines and monitoring their use

- assessing the impact of guidelines on sentencing practise

- promoting awareness among the public about the realities of sentencing

- publishing information about sentencing practise in Magistrates and Crown courts

How does a guilty plea affect a sentence?

A guilty plea at the first reasonable opportunity should reduce a sentence by up to one third. The amount of reduction is on a sliding scale

How does the offenders background affect the sentence?

- Previous convictions are treated as an aggravating factor

- If there was no previous convictions and they offence was not committed while on bail, this will be treated as a mitigating factor

- The financial situation of the offender, where the judge considers a fine is a suitable penalty

What are some examples of aggravating factors?

- Previous convictions for offences relevant to the present offence

- If the offender was on bail when the offence was committed

- Any racial or religious hostility in the offence

- Any hostility to disability or sexual orientation in the offence

- If the offender pleaded not guilty

What are some examples of mitigating factors?

- No previous convictions

- Showing genuine remorse

- Taking a minor part in an offence

- Mental illness or disability

- Pleading guilty

What are the two types of sentences?

Custodial sentences and non custodial sentence

What are the different types of custodial sentences?

- Mandatory life sentences for murder

- Discretionary life sentences for other serious offences

- Fixed term sentence

- Suspended sentence - can be combined with conditions

What are the 3 types of non custodial sentences?

- Community order

- Fine

- Discharge

What is community order?

- Sentence served in the community

- Court can impose suitable requirement e.g. unpaid work

How are fines used in sentencing?

- Used in 70% of cases in the Magistrates courts

- Offenders income and assets must be taken into account

What is discharge?

- Conditional - for a set length of time offender must not reoffend

- Absolute: effectively no penalty imposed

What are the general qualifications to be a lay magistrate?

- Must be aged between 18 and 65 and must retire at 70

- Are expected to live or work within or near to the local justice area to which they are allocated

- Must be prepared to commit themselves to sitting at least 26 half days each year

What are the characteristics a lay magistrate should have?

- Good character

- Understanding and communication

- Social awareness

- Maturity and sound temperament

- Sound judgement

- Commitment and reliability

What people are not eligible to be a lay magistrate?

- those with serious criminal convictions

- police officers and traffic wardens

- members of the forces

- relatives of those working in the local criminal justice system

- those who hearing is impaired

- close relatives to other magistrates on the same bench

What is the selection process for lay magistrates?

When applying, the candidate must fill in an application form and give the names of two referees. There is then a two stage interview process.

What is the role of lay magistrates in summary offences?

Magistrates deal with the case from start to finish. They will hear evidence from the prosecution and defendant and any legal arguments and decide if the defendant is guilty or not guilty. If the D is guilty, they will decide on a sentence, but their sentencing powers are limited.

What is the role of magistrates in triable either way offences?

Magistrates deal with the plea before venue hearings

What is the role of magistrates of indictable offences?

Magistrates will hold an early administrative hearing before transferring the case of the Crown Court

What is the role of magistrates in the youth court?

Specifically nominated and trained magistrates form a Youth Court panel to hear criminal charges against young offenders aged 10 to 17. These panels must usually include at least one man and one woman. Hearings are informal and private.

What is the role of magistrates in appeals?

Lay magistrates can also sit in a crown court to hear appeals from the magistrates court against conviction and/or sentence. In these cases, two lay magistrates form a panel with a qualified judge.

What is needed to qualify to be a juror?

- aged 18-76

- registered as a parliamentary or local government elector

- ordinarily resident in the UK

Who are some people are can be exempt from jury service?

- People with a lack of capacity

- Deaf jurors

- Discretionary excusals

- Members of the forces

How are jurors selected?

- A central office selects names from the lists of electors

- Summons sent to these people

- Must attend unless disqualified or excused

What are the two types of ways a juror could be vetted?

- DBS

- Authorised jury checks

What are the three ways that jurors may be challenged?

- to the array

- for cause

- the prosecution right to stand by

What is 'to the array'?

This is a challenge to the whole jury on the basis that it has been chosen in an unrepresentative or biased way.

What is 'for cause'?

This involves challenging the right of an individual to sit on the jury. To be successful, the challenge must point out a valid reason why the juror should not serve on the jury.

What is the role of the jury?

- Decide guilty or not guilty

- Sole arbiters of fact but judges directs them on law

- Must try for a unanimous verdict

- If cannot reach a unanimous verdict, a majority verdict can be accepted

What are some advantages of juries?

- Public confidence: it is an long established system and is considered a fundamental requirement of a democratic society

- Jury equity: decisions based on fairness and no reasons given

- Open justice: trial is in public and explaining issues to jury will help D understand law and process

- Impartiality: jury free of pressure in making decisions and they are not connected to the case

- Representative nature: due to random selection, three will be a wide range of ages and backgrounds

What are some disadvantages of juries?

- Lack of public confidence: can be lost by juries making perverse decisions

- Perverse decisions: how juries reach verdicts cannot be investigated

- Unrepresentative and unfitness: random selection may be unrepresentative and there are no intelligence tests used which means some jurors may not understand