Law 2-procedure and sentencing

Summary offences:
Assault and battery
6 months maximum prison sentence

Triable Either Way offences:
S47 OAPA Assault occaisioning ABH and S20 Maliciously wounding
5 years maximum prison sentence

Indictable offences:
S18 OAPA 1861 Wounding or causing GBH with intent
Maximum prison sentence of life

Early administrative hearing:
Criminal offence read out by court clerk
Asked if the plea guilty or not guilty
Bail and legal aid dealt with

Bail:
Bail Act 1976 gives a general presumption of the right to bail- innocent until proven guilty
-unconditional: only condition is to turn up at court for hearings and trial
-conditional: conditions include reporting to a police station and surrendering passport
-refusal of bail: serious offence (murder) or for their own protection

Legal aid:
Allowed to talk to duty solicitor at police station
Free and solicitor will be at 1st appearance in magistrates court
Means tested to see if defendant can afford it themselves or not

Summary offences:
If defendant pleas guilty
Magistrates hear evidence of mitigating and aggravating factors
Adjourn case for reports
Or sentence straight away

Triable either way offences:
If defendant pleas guilty
Magistrates hear evidence of mitigating and aggravating factors
Adjourn case for reports
Or sentence straight away
If offence is too serious they transfer case to crown court

Indictable offences:
Magistrates will note the guilty plea
Send to crown court

Summary offences:
Magistrates will arrange a court date for trial
Witnesses and evidence will be gathered

Triable either way offences:
Decision where trial will take place
Mode of trial
Magistrates decide if the offence is more suitable for a summary trial or trial on indictment

Indictable offences:
Send case to the crown court for early administrative hearing at the crown court

For triable either way offences where defendant pleas not guilty
If a serious offence (section 20 or 47 OAPA) defendant will be transferred to crown court

Must consider under the Magistrates Act 1980:
How serious the offence is
Previous convictions
If there has been a breach of trust

If magistrates believe they can hear the case they will give the defendant the option to be tried there or in the crown court
Magistrates could still send defendant to the crown court if they believe the sentence should be over 6 months in prison

Transfer/ committal proceedings:
Carried out by magistrates to send the case to the crown court
Makes sure there is enough evidence and not wasting the crown court's time

1) cases heard in the criminal courts
2) against prosecution and defendant
3) case is heard by magistrates or by a judge and jury
4) defendant is prosecuted
5) R V (defendant's last name)
6) prosecution has to prove defendant is guilty beyond all reasonable doubt
7) main purpose is to punish so that they will not re offend
8) consequences of prison sentence, fines, bans, community service
9) examples are murder, ABH, GBH

1) cases heard in the civil courts
2) a wrong against the individual or a company
3) case is heard by just a judge sometimes a jury
4) claimant's last name V defendant's last name
5) defendant is sued
6) claimant has to prove defendant is liable on the balance of probabilities
7) purpose is to compensate the "harmed" person
8) consequences of the liable party are damages and injunction
9) examples are contract and tort

Section 142 of the Criminal Justuce Act 2003

Retribution:
Punish people for breaking the rules
Make the offender suffer themselves- eye for an eye

Reparation:
Make the offender pay some compensation for harm caused
Make offender aware of the harm they caused

Public protection:
Provide protection from wrongdoers
Especially if offender is violent or a danger to the community

Detterance:
Discourage people from committing offences by the sentence putting them off

Rehabilitation:
Reform and re-educate offender so they won't reoffend and can help society again

Court will consider the maximum tariff for the offence:
Assault-max 6 months in prison (summary offence)
ABH- max 5 years in prison (triable either way offence)
GBH- max life in prison (indictable offence)

Factors relevant to the offence under CJA 2003:
Mitigating factors- nobody else involved, provoked, spur of the moment
Aggravating factors- use of weapon, joint enterprise, attack was planned

Factors relevant to the offender under CJA 2003:
Mitigating factors- early guilty plea, signs of remorse, co-operation with police, family responsibility
Aggravating factors- previous convictions of similar offences, resisting arrest, showing no remorse

Powers of Criminal Courts (Sentencing) Act 2000
"Pass if it is that serious either a fine or community sentence cannot be justified"
Must 21 years and over

Mandatory life sentence:
For murder it must be life sentence
Judge can state minimum number of years that must be served then be monitored
Minimum term governed by CJA 2003

Discretionary life sentence:
Where judge does not have to impose the maximum sentence

Suspended sentence:
Does not have to serve the sentence unless defendant re-offends within 2 years

Fixed term sentence:
Length of sentence depends on maximum sentence available for that offence

Defendant's previous record
ABH maximum sentence of 5 years

Criminal Justice Act 2003

Unpaid work:
Between 40-300hrs of unpaid work on a project decided by probation service

Curfew requirement:
Stay at home between certain hours of the day

Supervision requirement:
Under supervision of a probation officer for up to 3 years

Rehabilitation requirement:
Alcohol or drug rehabilitation or treatment to overcome addictions

Rarely given in the crown court as offences are too serious

Maximum fine is unlimited but related to the ability to pay (defendant's income)

High proportion are never paid so a short prison sentence given instead
Courts can get money straight out of offender's wages or benefits

No criminal conviction is given

Conditional discharge:
Defendant leaves court as a "free man"
Condition is they don't re-offend for up to 3 years
Common for first time offenders in magistrates court
If condition is broken, sentence is harsher or made longer