A conviction is followed by either a Guilty Plea or Trial
Defendants have the automatic right to appeal against a magistrate’s decision
An appeal to the magistratures is forwarded onto the crown court
This appeal is then heard by 1 Judge and 2 Magistrates
No permission is needed to appeal a Magistrate decision
In order to appeal the Crown courts decision to the court of appeal D has to prove that the
sentence is manifestly excessive or wrong in law in order to leave appeal
May be an increase in charges against D when appeals against crown court way of deterring
D’s from always reappealing (waste court time and money)
Sentence for manslaughter can go up to an life sentence
Individua offence = Up to six months
Concurrent – Criminal acts that happen side by side normally during the same circumstance
Consecutive- criminal act that run one after the other
Robbery sentence can go all the way up to life imprisonment
Indictable- sentence can go all the way up to a life sentence
Committal for sentence-where Magistrates ask the Crown court to decide the defendant’s
sentence because it does not posses the power to sentence the Defendant as Magistrates
can only give up to six months
We now have a codified legal system- legislation is codified
Theft= Up to 7 years
Burglary of a home = Up to 14 Years
Burglary of a commercial building= 10 Years
Robbery= Up to life imprisonment
S
DISCHARGE – Lowest sentence
E Absolute or conditional
N
T FINE- Mainly given in magistrates
E
N IMPRISONMENT- A whole life tariff is
possible but mainly for multiple crimes
C
I
ANCILLARY ORDERS- to safeguard victims
N and members
G
Factual Baisis for sentencing
D’s Guilty plea may enable D to get a discount for D’s ownership
Basis of a plea – Guilty plea document where D accepts negotiation before D plea guilty
If Basis of plea is rejected = TRIAL OF ISSUE
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller rassasaebanks. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.39. You're not tied to anything after your purchase.
