All the questions you can be asked on Court Systems and Sentencing with full mark answers for SQA National 5 Modern Studies: Crime & the Law. Complete with relevant, recent examples.
Describe, in detail, the Scottish court system (6)
The Scottish Court System is made up of three different courts. The Justice of the
Peace Court, Sheriff Court and the High Court.
The Justice of the Peace Court is for the most minor offences, like breach of the
peace or a minor traffic offence. There is no jury, only a lay magistrate and it has
limited sentencing powers. For example, the maximum prison sentence is 60
days and maximum fine is £2500, or both.
The High Court is for the most serious offences like murder, rape and treason.
There is a judge and a jury present. The high court has many more sentencing
powers than the other courts. For example, they can give an unlimited custodial
sentence and an unlimited fine.
The Sheriff Court is for offences that are less serious than the High Court but
more serious than the issues handled by the Justice of the Peace Court. It has
two procedures: Summary procedure and Solemn procedure. Under summary
procedure, there is no jury, only a sheriff. This procedure is for crimes like drug
possession and theft by breaking and entering. It has relatively limited
sentencing powers. For example, they can give a custodial sentence of up to 12
months or a fine of £10000. Solemn procedure covers crimes like repeat house
breaking, drug dealing and serious assault. There is a sheriff and jury present.
They have slightly less limited sentencing powers. For example, they can give up
to 5 years imprisonment or an unlimited fine.
Describe, in detail, the adult sentences that the criminal courts in
Scotland give out (6)
One type of sentence that the criminal courts can give out is a custodial
sentence. This means that the offender will be sent to prison for a certain
amount of time in accordance with the severity of their crime. For example, for
possession of a Class A drug, the custodial sentence is up to 7 years. This can
help to make the public feel safe as they know that there are less criminals on
the streets.
Another type of sentence the criminal courts can give out is Community Payback
Order. This is usually given out for less severe crimes like vandalism. This is
when the offender has to help out their community for a certain number of
hours, doing things like picking up litter or helping a local charity. For example,
for a breach of the peace, the offender could be ordered to do up to 100 hours of
community service.
Explain, in detail, the strengths of custodial sentences (6)
One strength of custodial sentences is that it helps to make the public feel safe.
The public will feel more safe knowing that an offender is locked up than if they
are allowed out with a tracking tag, which many people believe is a soft option.
Custodial sentences prevent the offender from reoffending until the sentence is
over. For example, if someone is convicted of serious assault, the public would
be likely to feel much safer knowing they can’t be harmed as the person is in
prison.
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