PRE-TRIAL PROCEDURE SUMMARY OFFENCES
- LEAST serious offence
- Begins at the Magistrates’ Court
- Defendant put before the court for Early Administrative Hearing
- Defendant’s identity confirmed and facts of the case are read out
- Defendant pleads GUILTY or NOT GUILTY
- GUILTY (case goes to Newton Hearing where facts are read out and background is discussed before
sentencing
- Sentences include 6 months imprisonment for one offence, 12 months for two offences, an unlimited fine
or community sentences
- NOT GUILTY (trial held at Magistrates’ Court to decide sentence or acquittal)
PRE-TRIAL PROCEDURE TRIABLE EITHER-WAY OFFENCES
- Begins at the Magistrates’ Court
- Early Administrative Hearing occurs first
- Defendant’s identity confirmed and facts of case are read out
- Plea Before Venue Hearing occurs
- Defendant pleads GUILTY or NOT GUILTY
- GUILTY (stays at Magistrates’ Court if sentencing powers are sufficient enough, if not, sent to Crown Court)
- NOT GUILTY (Magistrates’ Court carry out a Mode of Trial Hearing to accept or reject jurisdiction)
- ACCEPT JURISDICTION (defendant decides the court where the trial will be held)
- REJECT JURISDICTION (defendant will be sent directly to Crown Court for sentencing)
PRE-TRIAL PROCEDURE INDICTABLE OFFENCES
- MOST serious offence
- Begins at the Magistrates’ Court
- Early Administrative Hearing occurs first
- Defendant’s identity confirmed and facts of case are read out
- Court deals with legal aid and any issues with bail
- Sent to Crown Court (judges have unlimited sentencing powers)
- Plea in Case Management Hearing occurs
- Defendant pleads GUILTY or NOT GUILTY
- GUILTY (judge automatically sentences)
- NOT GUILTY (trial with jury decides whether the defendant is guilty and sentences, or not guilty and the
defendant is acquitted)
6 MAIN AIMS OF SENTENCING
REHABILITATION – aims to solve issues that lie behind a defendant’s behaviour and if solved, may avoid
committing more crimes (may be alcohol or drug related)
REPARATIONS – repairing or repaying for the damage caused (may be financially or by completing community
service)
DENUNCIATION – giving a harsher sentence for a low level crime to prevent the crime from being committed
DETERRENCE – to sentence more people in hopes that it will change future behaviour of the public and reduce
the amount of crime committed (may deter repeat offenders or people who have never committed a crime)
GENERAL DETERRENCE – impact of a threat of legal punishment to the public
INDIVIDUAL DETERRENCE – imposing punishment to deter individuals who have already offended from
committing a crime again and reoffending
PROTECTION OF THE PUBLIC – removing dangerous criminals from society through sentences that restrict their
liberty (such as life imprisonment for murder, or disqualification from driving for drunk driving offences) in order
to keep the public safe
PUNISHMENT – if a person has done wrong and committed a crime, they will be penalised and face any
consequences associated with the offence
FACTORS USED WHEN SENTENCING
- Sentencing factors are used by a judge and Magistrates in order to decide on a reasonable sentence for a
defendant
- Sentencing factors come from a Pre-Sentencing Report (consists of defendant’s background and considered
when sentencing) which is prepared by the Probation Service
MITIGATING FACTORS (reduce a sentence) include being a single parent, and cooperation with the police
AGGRIVATING FACTORS (increase a sentence) include lack of remorse, intent to commit the crime, reoffending,
and resisting arrest
TYPES OF SENTENCES AVAILABLE
CONDITIONAL DISCHARGE – defendant gets a criminal record with no further action, they will be sentenced if
they reoffend within 3 years
ABSOLUTE DISCHARGE – defendant gets a criminal record with no further action
FINES – financial penalty (considers the defendant’s earnings and the severity of the crime)
COMMUNITY SENTENCES – unpaid work or curfews
CUSTODIAL SENTENCES –
MANDATORY LIFE – automatic life imprisonment sentence
DISCRETIONARY LIFE – judge has the power to sentence up to life imprisonment
FIXED TERM – fixed sentence for a set number of years but may be released after completing half of the
sentence on good behaviour
SUSPENDED – exceptional circumstances, between 6 months and 2 years, if the defendant commits a crime or
offence, they are immediately sent to prison
, ROUTES OF APPEAL IN CRIMINAL CASES
Appeals occur when a defendant wants to challenge the outcome of a case
MAGISTRATES’ COURT
DEFENCE – appeal goes to Crown Court and is heard by a Circuit Judge and 2 Magistrates (who may uphold,
quash, or vary the sentence)
DEFENCE AND PROSECUTION – appeal goes to the Queen’s Bench Division and is heard by a High Court Judge
(who may remit, confirm, reverse, or acquit the sentence)
CROWN COURT
DEFENCE – appeal goes to the Court of Appeal under the Criminal Appeals Act (power to vary the sentence,
quash the conviction, or order a retrial if the original sentence was too harsh)
PROSECUTION – Attorney General can appeal against a lenient sentence under the Criminal Justice Act
FINAL APPEAL – goes to the Supreme Court if an appeal occurs on a point of law that links to general public
importance
SELECTION AND APPOINTMENT OF MAGISTRATES
- 29000 Magistrates
- Work 13 full days or 26 half days
- Advertised in newspapers with the intent to create a balanced panel that represents society
- Apply to Local Advisory Committee
- First interview (finds out if candidate has 6 key qualities such as good character, social awareness, sound
judgement, and mature temperament)
- Second interview (practical test to assess judicial aptitude – 2 case studies)
- 1500 new Magistrates appointed each year by the Lord Chief Justice
ROLE OF MAGISTRATES
CRIMINAL COURT – hearing trials for summary or triable either-way offences, hearing Mode of Trial Hearings for
triable either-way or indictable offences, and deciding bail
CRIMINAL APPEALS – Lay Magistrates can sit in the Crown Court alongside a qualified judge to hear appeals,
they can alter sentences or acquit the defendant
YOUTH COURT – Magistrates may take part in additional training to sit on the Youth Court panel, under the
Children’s Act 1989, they may have special training to hear family cases
ROLE OF THE LEGAL ADVISOR – each bench of Magistrates is assisted by a Legal Advisor (who must have been
a solicitor for 5 or more years), they advise Magistrates on practise and procedure, but they cannot assist in
decision making
SELECTION AND QUALIFICATION OF JURIES
- Jurors must be between the ages of 18-75 years old
- Must have been a UK resident for a least 5 years from their 13 th birthday
DEFER JURY SERVICE – can defer jury service but must do jury service within 12 months of receiving the Jury
Summons, examples include taking an exam, having an already booked holiday, becoming a parent
EXCUSED FROM JURY SERVICE – under the Criminal Justice Act, ill, elderly, jobs in armed forces, and doctors
may be excused from jury service, legal professionals can be jurors if they have no relation to the case
INCAPABILITIES – may be removed from jury service if incapable such as being blind, deaf, and not being able to
understand English
INELIGIBILITIES – if mentally disordered
DISQUALIFICATION FROM JURY SERVICE – if been to prison for 5 or more years, if on bail, if you have been to
prison for less than 5 years, you must wait 10 years to sit on a jury panel
VETTING AND CHALLENGING JURORS
- Jurors receive Jury Summons and must reply within 7 days
- Criminal offence in failing to reply and can receive a fine of £1000
- Court Official chooses jurors from a Jury Pool
- Vetted through police checks (looks at any criminal records or bail)
- Wider background check takes place in exceptional circumstances such as terrorism (permission for this is
granted by the Attorney General)
- CHALLENGING THE ARRAY is where the whole jury is challenged and the courts start again (EXAMPLE OF
SUCCESSFULLY CHALLENGING THE ARRAY in 1993, where 9/12 jurors lived in the same area of Romford)
- CHALLENGING FOR CAUSE is a valid reason to remove a juror (such as knowing the defendant)
- Standing by for the Crown (prosecution ensure juror isn’t picked unless at a last resort)
ROLE OF BARRISTERS
- 13000 barristers in the UK
- Work in Chambers
- 10000 of the barristers are self-employed
- Jobs include advocacy, negotiations, and drafting documents
- Barristers get cases through the Cab Rank Rule where the next available case is given to them if they have
the correct expertise and knowledge
- Barristers also get jobs through the client seeking them directly as well as through a solicitor
