Criminal Courts and Lay People Summary

INTRODUCTION TO CRIMINAL COURTS

  • Magistrates' Court

  • Crown Court

PLEA OF NOT GUILTY

  • Trial takes place; judge decides guilt.

CROWN COURT

  • For serious offences (indictable/either way).

  • Heard by judge and jury (12 ordinary people).

JURISDICTION

  • The right to interpret and apply the law.

SUMMARY OFFENCES

  • Minor offences (e.g., driving offences, minor assault). These are typically dealt with in a magistrates' court, where the procedures are less formal and sentences are generally less severe. Less than £5,000 worth of fines.

PRE-TRIAL PROCEDURE - SUMMARY OFFENCES

  • Guilty Plea: Immediate sentencing.

  • Not Guilty Plea: Magistrates will hear the case.

EITHER-WAY OFFENCES

  • Mid-range offences that can be tried in either court.

  • Examples: theft, burglary, criminal damage over £5,000.

PRE-TRIAL PROCEDURE - EITHER WAY OFFENCES

  • Comprises plea before venue, mode of trial proceedings, and committal proceedings.

INDICTABLE OFFENCES

  • Major offences (e.g., murder, robbery, GBH).

  • Initial hearing at Magistrates’ Court before committing to Crown Court.

COURT ADVANTAGES AND DISADVANTAGES

Magistrates' Court

  • Advantages: Quicker trials, local judges, lower penalties, cheaper and high conviction rate.

  • Disadvantages: May transfer cases to Crown Court, higher penalties, limited sentencing powers, less experienced judges, and potential for inconsistency in verdicts.

Crown Court

  • Advantages: Better advocacy, higher penalties, greater sentencing powers, access to more experienced judges, and the ability to hear serious cases that require a jury.

  • Disadvantages: Longer wait, higher costs, lower conviction rate.

CRIMINAL APPEALS SYSTEM

  • Appeals can be made by prosecution or defence concerning conviction and/or sentence.

LAY MAGISTRATES

6 KEY QUALITIES

  • Good character, understanding and communication, social awareness, maturity and sound temperament, sound judgment, commitment and reliability.

FORMAL REQUIREMENTS

  • Ages 18-65, local to justice area, serve 26 half days a year.

INELIGIBILITY

  • Undischarged bankrupts, serious criminal convicts, members of the armed forces, police and traffic wardens, and relatives of those working in the criminal justice system.

    Interview Stage

    1st Interview:

  • They find out about the person’s attributes

  • Look to see if they have the 6 key qualities

  • Find out about their attitudes to certain criminal justice issues

    2nd interview:

  • Tests candidate’s judicial aptitude by looking at 2 judicial case studies

  • The candidate will be expected to suggest an appropriate sentence based on the facts

    Retirement and Removal

  • For incapacity or misbehaviour

  • Persistent failure to meet the standards expected

  • Declining or neglecting to exercise the functions of a JP

    Composition of the Bench

  • “Middle class, middle aged, middle minded”

  • Most were supporters of the Conservative Party

  • Two thirds are professionals compared to the one third of population

  • Two fifths were actually retired

TRAINING of Lay Magistrates

  • Initial Introductory Training- covering matters like understanding the organisation of the bench, the role and responsibilities of those in the Magistrate’s Court.

  • Core Training- Acquiring and developing key skills and knowledge.

  • Activities- observing court sittings and visiting prisons and the probation service

    What type of criminal cases do the Magistrate’s hear?

  • Summary offences

  • Some either-way offences depending on severity

  • Must commit indictable offences to the Crown Court

ROLE OF MAGISTRATE

  • Handles 98% of criminal offences

  • Decide verdict and pass sentence for summary offences

  • Cannot impose sentences of imprisonment of more than 6 months (impose 12 months for 2 offences) or fines exceeding £5,000.

  • Hear mode of trial proceedings for either way offences

  • Committal proceedings for either way or indictable offences

  • Hear bail applications

  • Issue warrants for arrest or further searches

  • Extend police detention

  • Hold Youth Courts

  • Hear appeals in the Crown Court

JURIES

  • Used in Crown Court, High Court, County Court, and Coroner’s Court.

QUALIFICATIONS

  • Aged 18-75, registered elector, resident in UK/Channel Islands for 5 years after 13.

DISQUALIFICATIONS

  • For Life- if sentenced to life imprisonment, an extended sentence, sentenced for public protection or sentenced to 5 years.

  • For 10 Years- If you have served any sentence less than 5 years, any period of community orders, or received a suspended sentence.

  • If a person is currently on bail

    Ineligibility

  • Mentally disordered

  • Those who are deaf

  • Those who are blind

  • Those who cannot understand or speak English

  • You may excused from the jury service if you are a full time serving member of the forces.

    Deferrals

  • Being to ill to attend

  • Suffering a disability

  • A mother with a small child

  • Business appointments

  • Examinations

  • A booked holiday

    Jury Challenges

  • In The Array- challenging the whole jury as it is unrepresentative or biased. Used successfully against the ‘Romford’ jury and the Old Bailey. 9 members were from the same area.

  • For Cause- challenging an individual juror as they may be disqualified or are prejudiced. Can be used if a juror knows the D or has any witnesses, or related to the victim.

  • Prosecution Right to Stand- Only be used by the prosecution, allowing a juror who has stood by to be put at the end of the list of potential jurors. The AG stated that this should be only used sparingly.

    WHAT DOES A JURY DO IN CRIMINAL CASES?

  • Listen and look at evidence

  • Listen to judge’s summing up of the facts of the case and the law

  • Decide guilt or innocence

  • Only decide based on the facts and apply the law as the judge has directed

  • Decide in secret

  • Do not give reason for their decision

    Evaluation of Jury

    Advantages-

  • Public confidence- Lord Devlin said that jurors are “the lamp that shows that freedom lives”. People have the confidence in an impartial and fair trial, because jurors come from diverse backgrounds, reflecting the values and perspectives of the community.

  • Jury equity- Acquittal rates are 60% at the Crown Court

  • Open Justice- Allows the lay to take part in justice- “trial by peers” is achieved Eg. Ponting.

  • Secrecy- People would be less willing to serve on a jury if they knew that their discussions would be made public Eg. Mirza

  • Impartiality- Juries are less case-hardened and can decide the case based on the facts.

    Disadvantages-

  • Perverse decisions- juries may sometimes reach a verdict that appears illogical or inconsistent with the evidence presented, potentially due to personal biases or emotional responses affecting their judgment. Eg. Kronlid and Blythe : cases where juries returned not guilty verdicts despite overwhelming evidence to the contrary, raising questions about their decision-making processes.

  • Lack of understanding- 10% of jurors admitted having difficulty understanding the case.

  • Acquittal rates- there are Government concerns due to the high levels of acquittal rates.

SENTENCING

AIMS OF SENTENCING

  • Retribution, deterrence, rehabilitation, public protection, reparation.

TYPES OF SENTENCES

  • Imprisonment: Mandatory for certain serious offences.

  • Community Orders: Unpaid work, supervision, etc.

  • Discharges: Absolute or conditional based on re-offending.

REOFFENDING STATISTICS

  • 55% of adults reoffend within 2 years. 70% of young offenders reoffend within 2 years.