Criminal Courts and Lay People

Pages 2 -28 Legal System Booklet

What are the two courts which hear criminal trials

• Magistrate court

• Crown Court

What are the 3 categories of offences

• Summary

• Triable either way

• Indictable

What are summary offences

Least serious offences always tried in the Magistrates court

Summary offences - Place of Trial + Examples

• Magistrates court

• Driving without insurance

• Common assault

What are triable either way offences

Middle range offences which can vary in the degree of harm caused

Triable either way offences - Place of trial + Examples

• Magistrates Court + Crown Court

• Theft

• Assault occasioning to ABH

What are indictable offences

More serious crimes that are always tried in the crown court

Indictable offences - Place of trial + Examples

• Crown court

• Murder

• Manslaughter

• GBH

What is the magistrates court + their numbers

Magistrates courts are the lowest tier in the criminal justice system and there are about 330 of them in England + Wales and staffed by approximately 23,000 lay magistrates and 140 district judges

What are the variety of criminal matters the magistrates court deals with

The Magistrates’ Court deals with a variety of

criminal matters:

• Trials of all summary offences and most triable either way offences (97%)

• Mode of trial proceedings for either way offences

• Sending for trial hearings in indictable cases

• Youth Court cases where Defendant (D) is aged 10-17

• Issuing arrest and search warrants

• Deciding bail (whether a person can be released, rather than being

kept in custody on condition that they attend court or the police

station when called upon to do so)

What is the main job of the magistrates court + sentencing powers

The main job of Magistrates’ Court is to deliver summary justice to people charged with less serious (summary) offences and also either way offences. They act as a court of trial to determine guilt or innocence and in the event of conviction have powers to pass sentence, subject to a maximum of 6 months’ imprisonment.

Allocation of Magistrates court

Also have some dealings with more serious offenders because it is their job to conduct transfer proceedings for cases going up to the crown court

What are youth courts and where are they tried

Anyone aged 10-17 who is accused of committing a crime is dealt with in the Youth Court , a branch of Magistrates court however youth offfenders can be tried in Crown Court e.g murder , rape or where the offender is jointly charged with an adult

What is the Crown Court + Their Numbers

The Crown court currently sits in 77 different centres throughout England and Wales.

What is the work of the crown court

The work of the Crown Court includes trying indictable offences some either way offences , sentencing from the Magistrates Court (usually because the magistrates sentencing powers are limited) and appeals from the magistrates court against conviction or sentence

How are cases tried for indictable and either way offences for Crown Court

Cases are tried by a single judge and a jury

Where will the first hearing of all criminal cases + pre trial procedure for summary offences

The first hearing of all criminal cases is at the Magistrates Court where issues of legal aid , bail and reports are adressed

• Defendant will be asked whether they plead guilty or not guilty

• If they plead guilty the magistrates will sentence

• If they plead not guilty a trial will take place and sentence is passed if verdict is guilty

What is bail and when will you have the right to do so and what is the alternative

Bail is the right to remain at liberty until next appearance at

Court. There is a general right to bail if there is "no real prospect"

that D will receive a custodial sentence. The Alternative to Bail is remand in custody (prison)

Pre trial procedure for indictable offences

• Case is transferred to the Crown Court

• D asked if they plea guilty or not guilty

• If Plead guilty sentenced by a judge

• If Plead not guilty trial by jury

Pre trial procedure for triable either way

Plea before venue : D asked if they plead guilty or not guilty if they plead guilty the magistrates court will decide whether or not they have the jurisdiction to handle the case if they do have the jurisdiction then sentence will be passed in magistrates court but if they don’t the sentence will be passed in crown court

If D pleads not guilty then mode of trial will take place in which the magistrates court decides whether or not to take up the case. If they they accept then the defendant is thn asked whether or not they want to stay in magistrates or crown court for trial . If magistrates do not accept trial is heard in crown court

What are the reasons for appeal

To enable senior judges ( usually more than one ) to

• Correct errors

• Develop the law

• Ensure consistency

What can appeal courts do

• Allow an appeal and quash a conviction (overturn it)

• Dismiss the appeal and "uphold" the conviction (confirm it)

• Order a re-trial

• Vary the sentence

What are the 2 appeal routes

Crown Court or the Queens bench divisional court

What happens in appeal against conviction and/or sentence

Essentially a retrial where the court will review evidence again and it is made by the defence and heard in the crown court by a judge and 2 magistrates . The decision of the crown court is final and there is no further route of appeal against conviction or sentence ( although a further appeal ‘ by way of case stated is possible)

What happens by way of case stated appeal

This is an appeal on a point of law with no need to hear from any witness made by either the prosecution or the defence and it is heard in the divisional court which is part of the queens bench division of the high court .

What happens in final appeal

From ths divisional court to the supreme court but only on a point of law of public importance

Appeals by the defence from the crown court

Where the defendant may appeal against conviction or sentence or both to the Court of Appeal (Criminal Division) and the leave to appeal (permission) must be granted by the trial judge or from the Court of Appeal itself with the grounds being that the conviction is unsafe the court may order a retrial or quash the conviction if it allows the defendant’s appeal.

Appeals by the prosecution Crown Court

Limited grounds for the prosecution to appeal against an acquittal by a jury, where there is evidence of jury tampering the court of appeal can order a retrial. The prosecution may apply to the Court of Appeal to overturn an acquittal and order a retrial if there is new and compelling evidence of the acquitted person’s guilt and it is in the public interest for D to be re-tried . Furthermore where the judge has made an error in explaining the law to the jury the prosecution have the right to refer a point of law to the court of appeal , alternatively the prosecution may ask the Attorney General to challenge an unduly lenient sentence

Appeal to the Supreme Court

Both the prosecution and the defence have the right to appeal from the Court of Appeal to the Supreme Court. The court of appeal must give permission by certifying that the appeal involves a point of law of public importance

What are the aims of sentencing + which section of what act sets them out

• Punishment

• Deterence

• Reform + Rehabilitation

• Protection

• Reparation

S.57 Sentencing Act 2020

What is the aim of punishment

Retribution for wrongdoing and society’s revenge for the offence with the punishment fitting the crime ie eye for an eye and every crime carrying a certain tariff e.g life sentence of a murderer . Contains an element of denunciation

What is the aim of deterrence

• Individual deterence where it aims to put a particular offender off reoffending by either a severe sentence or threat of imprisonment

• General deterrence where society is put off committing crimes through exemplary sentences or minimum sentences, it is not concerned with fairness so may be harsher than usual tariff for the offence

What is the aim of reform / rehabilitation

Rehabilitating offenders back into society and reducing future levels of crime as well as helping with the problems that caused offending e.g treatment for drug addiction or alcohol abuse

What is the aim of protection

By preventing the offender from offending it protects the public from dangerous / violent offenders e.g imprisonment , curfew , driving ban

What is the aim of reparation

Idea of paying back to make amends e.g compensation to victim , unpaid work for community, restorative justice (chance to tell offenders about the impact of their crime and get an apology)

What factors are taken into account in sentencing

➢ the seriousness of the crime

➢ the offender’s background

➢ motive

➢ early guilty plea (this may reduce the sentence by up to a third)

➢ sentencing guidelines / tariff.

What is an aggravating factor

Aggravating factors that can increase the seriousness of the crime which means a harsher sentence e.g previous convictions

What are mitigating factors

Mitigating factors are factors that can lower the seriousness of the crime which means a lower sentence e.g first time offending

What are the types of sentences

• Discharges

• Fines

• Community

• Custodial

When should custodial sentences be used

Only for offences so serious that neither a fine nor community sentence can be justified e.g sentencing Act 2020 ,

What can a custodial sentence be

A custodial sentence can be immediate or suspended

What is a suspended sentence

A sentence where no custody is served provided D does not commit any further offence within a 2 year period

What are fixed term (determinate) sentences

The most common type of prison sentence with imprisonment for a set number of months or years with the length depending upon various factors,e.g. maximum sentence available for the particular crime, the seriousness of the crime and the offender’s previous record. The offender is automatically released after serving half their sentence with max sentences for offenders set by parliament and also some minimal sentences for some repeat offenders

What is an extended sentence

Where for some serious violent, sexual or terrorism-related offences the offender may not be considered for release until they have served at least two-thirds of their sentence in custody. They will then be subject to an extended period of licence (up to 8 years).

What is a life sentence

When someone is given a life sentence, they will be subject to that sentence for the rest of their life. When a judge passes a life sentence, they must specify the minimum term an offender must spend in prison before becoming eligible for parole (sometimes called the tariff).At the end of that term, the offender can apply to the Parole Board for release on licence but will be released only if they are no longer considered a risk to the public.

What is the exception to the Parole Board rule

When a judge passes a “whole life order” this sentence means that the offender must spend the rest of their life in prison.

When must a mandatory life sentence be imposed

A mandatory life sentence must be imposed for murder where the judge sets out the minimum term (tariff) using guidelines in Sentencing Act 2020

What can the judge do for other serious offences

For other serious offences where the maximum sentence is life (e.g. manslaughter, robbery or rape), the judge has discretion to impose a lesser sentence if it is more appropriate.

What is a community order

A community order involves imposing one or more “requirements” which the courts can “mix and match” as necessary, reflecting the seriousness of the offence and the offender’s needs.

What are the 5 community orders

• Prohibited activity or exclusion requirements

• Unpaid work

• Rehabilitation activity requirement

• Drug/Alcohol mental health treatment

• Curfew or residence requirements

What are financial sentences

Most common type of sentence given and amount is set by the court after considering the seriousness of the crime and how much the offender can pay with fines being paid to the state and compensation to the victim

What is a discharge

A discharge is where a person is released from the court without any further action but they will still get a criminal record it can be abosulute or conditional

What is an absolute discharge

Where there is no penalty imposed as the court decide not to pass a punishment as the experience of going to court is enough.

What is a conditional discharge

Where the court discharges an offender on the condition that no offence is committed during a set of up to 3 years , if the offender commits another crime they can be sentenced for the first offence and the new one

What are lay people

Lay people are ordinary people directly involved in the English legal system and play a key role in the decision-making process

Qualifications of lay magistrate

• Aged 18-65 when they apply ( retire at 70)

• Willing to work a minimum of 26 half days per year on the bench

• Expected to live or work within reasonable travelling distance of the court

6 Key Qualities of a magistrate (MCGUSS)

• Maturity and sound temperament

• Commitment and Reliability

• Good Character

• Understanding & Communication

• Sound judgement

• Social awareness

Who cannot serve as a magistrate

• If you have a serious criminal conviction or have been declared bankrupt.

• If you work in the Criminal Justice System, e.g. police officers, traffic wardens, MPs.

• If you have a health condition which would interfere with your duties.

Selection of Magistrates

Local Advisory Committees recruit new magistrates where vacancies are advertised e.g local papers online or individuals may put themselves forward and the candidate must fill in an application form and give the names of two referees

What does the LAC do after the magistrate candidate fills out the form

Carries out a two stage interview process

• First panel the candidate’s personal attributes are assessed to see if they have the 6 qualities required the interview panel will also explore the candidate’s attitudes on various criminal justice issues such as youth crime or drink driving.

• Second interview is done by a discussion of at least two case studies which are typical of those heard regularly at Magistrates’ Courts with the aim to test candidates’ potential judicial aptitude. This discussion might for example, focus on the type of sentence which should be imposed on specific case facts.

What happens in the appointment of magistrates

The LAC submit names to the Senior Presiding Judge for England and Wales and the candidates must appear in court and swear an oath of allegiance. Once they are appointed they can continue to sit until aged 75

What are the Roles of magistrates

• Try 97% of all criminal cases from start to finish

• Early Administrative Hearings in all criminal cases(bail, legal aid, committal proceedings)

• Deal with all summary cases from start to finish.

• Deal with plea before venue and mode of trial hearings in either way offences.

• For indictable offences, Magistrates carries out a process called Sending for Trial.

• Deal with warrants and extensions to detention

  in custody.

• Specially trained Magistrates deal with young offenders

  aged 10-17 in Youth Court.

• Magistrates will also sit with Judge in Crown Court to hear

  appeals from Magistrates' Court.

What is the role of magistrates during a trial

• Sit on a bench of 3 with Chairperson in charge

• Hear evidence from Prosecution and Defence

• Consider decision in private using advice from Legal Advisor

• Reach a majority or unanimous verdict

• Chairperson delivers verdict and gives reasons for decision

• Sentence up to 6 months imprisonment (for a single offence)

What are the qualification of jurors + Key statute

• Aged 18-75

• On the electoral register

• Resident in the Uk for 5 years since age 13

• Juries Act 1974

People who are disqualified from being a jury

• Permanently disqualified: served prison

sentence of 5+ years

• Disqualified for 10 years: served any sort of

sentence, including a prison sentence,

suspended sentence or community

sentence.

• Currently on bail awaiting trial.

Other reasons aside from sentences affecting jury disqualification

• Mentally disordered cannot sit on jury

• Lack of capacity e.g cannot speak English, deaf or blind

• Excusal where Members of armed forces may be excused

• Deferral for good reason, e.g. illness At the court's discretion

Selection of juries

• Central computer at Jury Central Summoning Bureau selects names at random from

  electoral register every fortnight.

• Jury Summons sent through post with each court sending about 150 summons each fortnight.

• Must arrive at court on date stated in summons.

  Anyone who cannot attend must inform court. Non-attendance results in a fine.

• 15 chosen to go into court room.

  Clerk selects 12 at random to form jury-in-waiting.

• Prosecution and Defence have right to see list of potential

  jurors and may decide pool require vetting or challenging.

• Each juror swears an oath to give a true verdict according

  to the evidence.

What is vetting + what happens in exceptional circumstances

Routine police checks to eliminate those disqualified.

In exceptional circumstances, wider background checks for

political affiliations may be carried out with permission needed from attorney general

What are the 3 types of challenges

To the array: whole jury panel is challenged for biased selection.

For cause: valid reason why individual juror should not serve.

Prosecution right to stand by: individual juror can be put to

end of list.

Roles of juries

• Used in only about 1-2% of criminal trials.

• In the Crown Court, the jury decides whether the defendant is guilty or not guilty.

• They listen to the evidence and the summing up by the judge.

• Jury decides questions of fact, the judge advises them on the law.

• At the end of the trial, they retire to the jury room to discuss the case

  in private.

• Unanimous decision if possible, or a majority decision of at least 10-2

  if necessary (s.17 Juries Act 1974).

  Juries do not give reasons for their decisions.

Advantages of juries public confidence + jury equity + evidence

• Ensures public confidence in the criminal justice system due to them being regarded as one of the fundamental indicators of a democratic system i.e. Lord Judge "a safeguard against oppression and dictatorship" and Lord Devlin: "the lamp that shows that freedom lives" essentially saying that its not just the state charging, convicting and sentencing

• Jury Equity which is where a jury can disagree with a particular law and apply their own idea of fairness as they do not need to give reasons for their decisions e.g. Clive Ponting case where Despite signing Official Secrets Act, D leaked information jury refused to convict.

Advantages of juries open system of justice + impartiality

• By being an open system of justice it means a right to trial by your peers which ensures ordinary people can take part in administration of justice and ensures transparency.

• Impartiality as Juries are not connected with anyone involved in the

  case. They sit for 2 weeks then disband, so are not case-hardened.

  Random selection should result in a cross-section of society. Twelve

  people will cancel out each other’s prejudices. Legal expertise is not

  required to decide questions of fact. Research suggests all-white juries do not discriminate against defendants from black and minority ethnic backgrounds.

Disadvantages of juries perverse decisions + Media influence

• The possibility of perverse decisions as juries are able to ignore laws that they feel are unjust and this creates uncertainty ie in cases where the decisions do not appear justified even when the case is clear-cut e.g. Colston four where there was no guilty verdict despite criminal damage

• The influence of the media can affect the decisions of juries as it is difficult for them to remain independent and free from influence especially in high profile cases where there has been a lot of publicity about police investigations into a case e.g Taylor sisters misleading photos

Disadvantages of juries lack of understanding + expensive

• Lack of understanding as jury members lack legal qualifications with no minimum educational standards required and research further backs this as a small number of jurors admit having difficulty understanding cases and although it is only a small number it raises concerns surrounding criminal matters where it may be a person’s liberty at stake.

• Expensive-Jury trial is both time consuming and costly. Because juries are lay people everything needs to be explained to them. There are also times when the jury has to leave the court in order that legal argument may take place. All this adds to the length of the trial. This in turn adds to the cost.