Criminal courts and lay people

Welcome to the Criminal Justice System!

In this chapter, we are going to explore how the English legal system handles criminal cases. We will look at the different types of courts, the journey a case takes from start to finish, and the "lay people" (ordinary people like you and me) who play a vital role in delivering justice. Don't worry if it seems like a lot of steps; we’ll break it down into bite-sized pieces!

1. How Offences are Classified

Not all crimes are treated the same. Imagine a filtering system that sorts crimes based on how serious they are. This sorting determines which court hears the case.

The Three Categories:

• Summary Offences: These are the least serious crimes, like minor traffic offences or low-level shoplifting. These are almost always dealt with in the Magistrates' Court.
• Triable-either-way Offences: These are "middle-range" crimes, like theft or assault causing actual bodily harm (ABH). Depending on the seriousness, they can be tried in either the Magistrates' Court or the Crown Court.
• Indictable Offences: These are the most serious crimes, such as murder or rape. These must be tried in the Crown Court.

Quick Review: Think of it like a hospital. Summary is the GP clinic (quick, minor), Indictable is the Emergency Room (serious, high stakes), and Triable-either-way is the patient who might need a specialist or might just need a prescription.

Key Takeaway: The seriousness of the crime dictates whether you go to the Magistrates' Court (minor) or the Crown Court (major).

2. The Journey: Pre-Trial Procedures

Before a trial actually begins, there are several administrative hurdles to clear.

The Magistrates' Court Process

All criminal cases start in the Magistrates' Court, even the serious ones!
1. Early Administrative Hearing: This deals with basics like name, address, and legal aid.
2. Plea Before Venue (for Either-way offences): The defendant is asked "Guilty or Not Guilty?" If they plead guilty, the Magistrates sentence them or send them to the Crown Court if they need a tougher sentence.
3. Mode of Trial: If the defendant pleads "Not Guilty," the Magistrates decide if they have the "jurisdiction" (the power) to hear the case. If the case is too complex, they send it to the Crown Court.
4. Defendant’s Election: If the Magistrates say they can hear the case, the defendant still has the right to choose to go to the Crown Court for a jury trial.

Common Mistake to Avoid: Students often think Indictable offences (like murder) are "tried" in the Magistrates' Court because they start there. They don't! They are simply "sent" to the Crown Court immediately after a brief administrative check.

3. Appeals: The "Second Opinion"

Sometimes, a mistake is made, or the sentence is considered unfair. This is where Appeals come in.

From the Magistrates' Court:

• To the Crown Court: Usually for the defendant to appeal against their conviction or the sentence. A judge and two magistrates will re-hear the case.
• To the Queen's Bench Divisional Court (High Court): This is called a Case Stated Appeal. It’s used when someone thinks the Magistrates made a mistake about the law, not just the facts.

From the Crown Court:

• To the Court of Appeal (Criminal Division): This is for the defendant to appeal against conviction or sentence. The prosecution can also appeal if they think the judge made a legal error or the sentence was "unduly lenient" (too soft).
• To the UK Supreme Court (UKSC): This is the final stop. An appeal only goes here if it involves a point of law of general public importance.

Key Takeaway: You can't just appeal because you're unhappy; you need a valid reason, like a mistake in the law or a sentence that is clearly too harsh or too light.

4. Sentencing: Why and How?

When someone is found guilty, the court must decide their punishment. This is governed by s142 of the Criminal Justice Act 2003.

The Five Aims of Sentencing:

Try the mnemonic "PDRRP" (People Do Really Respect Peace):
1. Punishment (Retribution): "An eye for an eye." The punishment fits the crime.
2. Deterrence: Stopping the person (individual) or the public (general) from committing crimes by showing them the consequences.
3. Reform/Rehabilitation: Helping the offender change their ways (e.g., drug treatment).
4. Protection of the Public: Keeping dangerous people away from society (e.g., prison).
5. Reparation: Making the offender "pay back" the victim or community.

Factors the Judge considers:

• Aggravating Factors: Things that make the crime worse (e.g., using a weapon, attacking a vulnerable person).
• Mitigating Factors: Things that make the crime less serious (e.g., it’s a first offence, the person is very young, or they showed remorse).

Types of Sentences:

• Custodial: Prison. Reserved for the most serious crimes.
• Community Orders: Unpaid work ("community service"), curfews, or drug testing.
• Fines: The most common sentence in Magistrates' courts.
• Discharges: Absolute (no punishment) or Conditional (no punishment unless they commit another crime within a set time).

5. Lay People: Magistrates

Lay Magistrates (also known as Justices of the Peace) are volunteers who hear 95% of all criminal cases. They are not lawyers!

Qualifications and Selection:

• Must be aged 18–65 on appointment.
• Must live or work near the local justice area.
• Must commit to sitting at least 26 half-days a year.
• The Six Key Qualities: Good character, understanding/communication, social awareness, maturity, sound temperament, and sound judgement.

Role in Criminal Cases:

• They sit as a bench of three.
• They decide on verdicts (guilty/not guilty) and sentences.
• They deal with bail applications and warrants.
• They are advised on the law by a Legal Advisor (a qualified lawyer).

Did you know? Magistrates are unpaid! They only get expenses for travel and loss of earnings. It is one of the oldest forms of public service in England.

6. Lay People: The Jury

The Jury is often called the "lamp that shows that freedom lives." They are 12 ordinary people in the Crown Court who decide the facts of a case.

Who can serve?

• Aged 18–75.
• On the electoral register.
• Resident in the UK for at least 5 years since age 13.

Who is excluded?

• People with serious criminal convictions (Disqualified).
• People with certain mental health conditions (Ineligible).
• People can be Excused for "good cause" (e.g., a pre-booked holiday or surgery), but they usually have to serve later.

The Jury's Role:

The judge explains the law, but the jury are the "masters of the facts." They listen to the evidence and decide: Did this person actually do it? Their verdict should ideally be unanimous (everyone agrees), but sometimes a majority verdict (10-2 or 11-1) is accepted.

Evaluating Juries:

Advantages:
1. Public Participation: It involves ordinary citizens in the law, making it more democratic.
2. Jury Equity: Juries can decide based on "fairness" even if the law says someone is technically guilty (e.g., Ponting’s Case).
3. Secrecy: They deliberate in private, so they aren't pressured by the media.

Disadvantages:
1. Perverse Verdicts: Sometimes juries ignore the evidence and give a "wrong" verdict because they feel sorry for the defendant.
2. Lack of Understanding: Fraud cases can be very complex; can 12 random people really understand complicated accounting?
3. Media Influence: High-profile cases are all over social media, which might bias the jurors despite instructions.

Key Takeaway: Juries are a symbol of democracy, but because they are human, they can be unpredictable and influenced by emotion rather than just the law.

Quick Review Box:
- Summary = Magistrates' Court.
- Indictable = Crown Court.
- Magistrates = 3 volunteers, deal with 95% of cases.
- Juries = 12 people, decide if guilty/not guilty in Crown Court.
- Sentencing = Guided by s142 CJA 2003 (Punishment, Deterrence, etc.).