LAW. Criminal Courts 1

Introduction

  • Overview of the importance and structure of A-Level Law.

Is A-Level Law right for you?

  • Questions to consider:

    • Why do we need law?

    • How are laws made?

    • How do judges make decisions?

    • What are the different types of court and how do they operate?

    • Career paths such as solicitors or barristers.

  • Key topics of interest:

    • Offences like murder and theft.

    • Legal concepts such as negligence and individual rights.

Career Opportunities with A-Level Law

  • Continuing education options:

    • University degrees in law.

    • Work-based apprenticeships.

  • Career paths post-A-Level in law:

    • Solicitor, barrister, legal executive.

    • Related fields: police, teaching, social work, business, accounting.

Criminal Courts

  • Understanding the structure and function of criminal courts.

Criminal Trial Process

  • Types of courts involved in criminal trials.

Types of Courts in Criminal Cases

  • Supreme Court

  • Court of Appeal (Criminal Division)

  • King's Bench Divisional Court

  • Crown Court

  • Magistrates' Court

Criminal Process

  • Trials take place in:

    • Magistrates’ Court for less serious offences.

    • Crown Court for serious offences.

  • Pleadings:

    • Guilty: Immediate sentencing.

    • Not guilty: Trial proceeds.

  • Burden of proof lies with the prosecution.

Guilt Determination

  • Judges and juries decide guilt:

    • Magistrates’ Court: District judge or lay magistrates.

    • Crown Court: Jury.

Summary Offences

  • Definition: Least serious crimes with set fines.

Triable Either Way Offences

  • Can be heard in either court:

    • Procedures similar to summary offences.

    • If found guilty in Magistrates’ Court, can be referred to Crown Court for sentencing.

Indictable Offences

  • Most serious offences tried only in Crown Court:

    • Preliminary hearing in Magistrates’ Court.

    • Jury trial upon not guilty plea.

Pre-Trial Procedures

  • Summary offences: 90% plead guilty leading to sentencing.

  • Triable either way offences:

    • Plea options and trial modality.

  • Indictable offences: Initial hearings and bail conditions.

Appeals

From Magistrates Court

  • Options for guilty and not guilty pleas:

    • Appeals against sentence or conviction.

    • Complete rehearing allowed.

  • Case stated appeals: Points of law directed to King’s Bench Divisional Court.

From Crown Court

  • Appeals against conviction and/or sentence:

    • Court of Appeal (Criminal Division): Requires permission to appeal.

    • New evidence considerations.

Prosecution Appeals

  • Conditions for appealing acquittals:

    • Jury impropriety or new compelling evidence.

  • Supreme Court involvement for significant point of law.

Double Jeopardy Rule

Case Studies

  • Stephen Lawrence: Historic retrial based on DNA evidence.

  • Michael Weir: Conviction after new DNA evidence emerged.

Lay Magistrates and Juries

Lay Magistrates

  • Eligibility and characteristics:

    • Age criteria, minimum commitment of days.

    • Candidates must possess certain key traits.

Key Characteristics for Lay Magistrates

  • Essential traits include good character, understanding, social awareness, maturity, and sound judgement.

Disqualifications for Lay Magistrates

  • Certain individuals cannot serve:

    • Serious criminal convictions, police officers, relatives of criminal justice workers.

Role of Magistrates in Criminal Cases

  • Functions in trials, grants, extensions, and youth cases.

  • Handles 97% of criminal cases, providing sentencing for summary offences.

Jury Qualifications and Challenges

Jury Service Qualifications

  • Age requirement and residency conditions.

Disqualifications

  • Criminal convictions leading to disqualification criteria.

Jury Selection and Vetting

  • Summoning process, vetting methods, and jury challenges.

Jury Deliberation and Verdicts

  • Majority vs. unanimous verdicts explained.

Case Studies on Jury Decisions

  1. R v Kronlid (1996): Jury equity highlighted.

  2. R v Young (1995): Impact of outside influences on jury decisions.

  3. R v West (1996): Media influence ramifications.

Quiz and Review Prompts

  • Refresh understanding with key questions regarding juror roles and processes.

Homework Task

  • Diagnostic assessment prompt: Argument for or against using juries in criminal cases.

Summary Exercise

  • Recommendations for structured comparison between magistrates and juries in terms of qualifications, selections, and functions.

Example Structure

  • Aspects:

    • Magistrates: Age, disqualification, selection processes.

    • Juries: Age, disqualification, and decision-making functions.