Criminal courts and lay people

Three types of offences

Summary, triable either way, indictable.

Summary

The least serious offences e.g. assault/battery. Can only be tried in the Magistrates court. The maximum fine is £5000. The maximum prison time is 6 months.

Triable either way

The medium serious offences e.g. theft, S.20 GBH. It can be tried in either the Magistrates or the Crown court. The case will be transferred to the Crown court if its too serious, or the D will choose.

Indictable

The most serious offences e.g. S.18 GBH, murder. They are always tried in the Crown court. The maximum fine is unlimited. The maximum prison sentence is life.

Aims of sentencing

RRIDR

Retribution - punishment e.g. prison.

Rehabilitation - reforming the D e.g. drug rehab.

Incapacitation - stop them from reoffending e.g. electronic tag.

Deterrence - put them off reoffending.

Reparation - paying back society/the V e.g. community service

Aggravating and mitigating factors when sentencing

Aggravating make sentencing more severe. For example, D used a weapon or had previous convictions or showed no remorse. Mitigating make sentencing less severe. For example, D showed genuine remorse or helped police or this was his first offence.

Other factors when sentencing

Could make the sentence go up or down. For example, pre-sentence reports give information about D’s background. Medical reports are for medical or psychiatric problems. The report is prepared by a doctor. Financial reports may be taken into account when setting the level of the fine.

Types of sentence: custodial

This is the most serious punishment that can be given. It can range from a few weeks to life in prison. There are mandatory sentences (e.g. life for murder). There are also discretionary sentences with minimum sentences for certain crimes. Some sentences can be suspended for a period of up to 2 years.

Types of sentence: fines

These depend on the offender’s ability to pay. The maximum fine in Magistrates is £5000 but it is unlimited in the Crown court. Fines could be used to pay court costs. They may also be used as compensation to the V.

Types of sentence: community orders

This may be unpaid work in the community (40-300 hours) e.g. picking litter. It may be drug/alcohol treatment. They could have a curfew requirement - for a certain number of hours the offender has to be in a specific place (may include electronic tagging).

Types of sentence: discharges

Conditional discharge - the offender is free for a period of up to 3 years should they not re-offend.

Absolute discharge - this means that effectively, no penalty is imposed.

Role of lay people: magistrates (JUDGES)

They sit only in the Magistrates court as volunteers. They hear 97% of all criminal cases.

Handle summary offences and some triable either way offences.

They decide if bail should be granted or if D should remain in custody. Listen to evidence and sentence the offender if found guilty.

They transfer cases to the Crown court for sentencing (if over 12 months).

Role of lay people: juries

Juries sit only in the Crown court as a panel of 12. They hear 3% of all criminal cases. They hear all the evidence and the judges “summing up”. They make their decision in private. The decision is usually unanimous. However, there can be a majority verdict if they can’t come to a unanimous decision after sufficient deliberation.

Strengths of juries

Juries aren’t legally trained. They therefore decide cases on the basis of “fairness” - referred to as jury equity.

A panel of twelve is likely to bring a wide set of experiences to a case. This means any bias should be cancelled out.

Limitations of juries

Media coverage may influence jurors. This is especially likely in high profile cases.

Jurors may not be able to understand the law in complex cases. How do they come to a fair decision?