Criminal courts & Lay Magistrates

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Summary Offences
Least serious offence, (Driving without insurance, common assault - Magistrates court)
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Triable Either-way offence
Middle range offences (Theft ABH & GBH S20 - Both courts)
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Indictable Offence
Most serious offence (Murder, S18 GBH, **** - Heard in Magistrates court and heard in Crown court)
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Jurisdiction of MC
Each court deals with cases within their area, Cases heard by magistraes who are either qualified district judges or unqualified lay justices with a legaly qualified clerk to assist them
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What cases take place at the MC?
All cases start at MC & sent to CC if serious (Summary & Triable either way) Deals with side issues of criminal cases
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Appeals to the CC
Only available to the defence, D can appeal against conviction/sentence. At the CC the case is re-heard by a judge and two magistrates
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What can happen to the conviction?
Can be confirmed or reserved
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What can they do to the sentence?
Confirm or increase or decrease it
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What happens in the queens bench divisional court (QBDC)?
Both prosecution and defence can use this, no witnesses will be called as the evidence isn't being re-considered. Appeal heard by 2-3 judges. Usesd by D against conviction/ prosecution against acquttal. Judges can confirm,vary or reverse decision
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Where do the appeals from the crown court go?
The court of appeal
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What is an unsafe conviction?
Levels of uncertanty due to unsifficient evidence or the law hasn't been used properly
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What happens at the court of appeal?
Judge may quash the conviction or vary it to a lesser offence. Judge can decrease a D's sentence but can't increase it
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First thing the prosecution can appeal against
Against acquittal - Found not guilty, the result of jury or witnesses 'nobbling', new or compelling evidence.
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Second thing the prosecution can appeal against
Appeal against judges ruling - If the judge is tought to have made an error
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Third thing the prosecution can appeal against
Reffering a point of law - Jude may have made an error explaining the law to the jury, the prosecution have the right to refer to a point of law to the court of appeal if the D is acquitted
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Fourth thing the prosecution can appeal against
Against sentence - Unduty sentence to the court of appeal for the sentencing
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What is double jeopardy?
Prosecution or punishment of a person twice for the same offence
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What is a lay magistrate?
Part-time unqualified judges who sit in the MC, sit in panels of 2-3 to hear the more minor offences
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First formal requirement
Age - between 18-65
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Second formal requirement
Location - Lay magistrates are expected to live within or near the area they are allocated
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Third formal requirement
Commitment - required to sit at court at least 26 and a half days each year
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Key quality
Good character- personal integrity and respecting others
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Key quality
Understanding and communication - Understand documents, identify relevant factors and communicate effectively
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Key quality
Social awareness - Local community and society, understand different backgrounds
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Key quality
Maturity and sound temperament - Awareness and understanding of people's sense of fairness
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Key quality
Sound judgement - Ability to think logically, weigh arguments, reach sound decision
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Key quality
Commitment and reliability - Serving the community, making time, willing to undergo training
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Who is disqualified from being a magistrate?
People with serious criminal convictions, undischarged bankrupts, member of the forces, incompatible work, relatives of those working in the CJS
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How will roles be advised?
Names can be put forward by people in local parties, encourages a wide range of candidates, advertised in local papers, applicants complete an application
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What is the role of the LAC?
Made up of local people. Once the application form is received an invitation to the interview is sent from the LAC. Two stage interview to consider candidates
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What happens in the interview stage?
Looking for 6 key qualities & explore attitudes towards criminal justice issues. Testing judicial aptitude through decision of 2 case studies which are typical for the MC
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Who will make the official appointment of Magistrates to the bench?
Lord chief justice
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Key statistics about magistrates
Between 60&70, 40% retired, 51% are women, 12% professional judges, 8% ethnic minorities, 5% have disabilities
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Other cards in this set

Card 2

Front

Triable Either-way offence

Back

Middle range offences (Theft ABH & GBH S20 - Both courts)

Card 3

Front

Indictable Offence

Back

Preview of the front of card 3

Card 4

Front

Jurisdiction of MC

Back

Preview of the front of card 4

Card 5

Front

What cases take place at the MC?

Back

Preview of the front of card 5
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