Criminal courts and lay people

Welcome to the World of Criminal Justice!

Ever wondered what happens after someone is arrested? Or how a group of 12 random people can decide someone's fate? In this chapter, we explore the Criminal Courts and the Lay People (ordinary citizens) who make the system work. Don't worry if it seems like a lot of legal jargon at first—we will break it down step-by-step!

1. Classifying Criminal Offences

Before a case starts, the court needs to know how "serious" the crime is. Think of this like sorting mail into small, medium, and large packages.

The Three Categories:

1. Summary Offences: These are the "least serious" crimes. They are almost always dealt with in the Magistrates' Court.
Example: Driving offences, common assault, or shoplifting small amounts.

2. Triable Either-Way Offences: These are "middle-range" crimes. They can be tried in either the Magistrates' Court or the Crown Court.
Example: Theft or Assault Occasioning Actual Bodily Harm (ABH).

3. Indictable Offences: These are the "most serious" crimes. They must be tried in the Crown Court.
Example: Murder, manslaughter, or robbery.

Quick Review: Magistrates handle the small stuff; the Crown Court handles the big stuff. "Either-way" offences get to choose based on how serious the specific incident was.

2. Pre-Trial Procedures: Where does the case go?

Every single criminal case starts in the Magistrates' Court, even murder! However, what happens next depends on the category above.

The "Plea Before Venue" (For Either-Way Offences)

If you are charged with an "either-way" offence, this process happens:
1. You are asked: "Guilty or Not Guilty?"
2. If you plead Guilty, the Magistrates hear the case. If they think your crime deserves a tougher punishment than they can give, they send you to the Crown Court for sentencing.
3. If you plead Not Guilty, a "Mode of Trial" hearing happens to decide which court is best suited for the trial.

Did you know? Even if the Magistrates say they can hear your case, you (the defendant) have the right to choose to go to the Crown Court instead!

3. Appeals: If things go wrong

If a defendant or the prosecution isn't happy with the outcome, they can appeal. Think of an appeal as a "second look" by a higher court.

Routes from the Magistrates' Court:

• To the Crown Court: This is for the defendant only. They can appeal against the conviction (they say they didn't do it) or the sentence (they think the punishment was too harsh).
• Case Stated Appeal: This goes to the Queen's Bench Divisional Court. It’s used when someone thinks the Magistrates made a mistake about the law, not the facts.

Routes from the Crown Court:

• To the Court of Appeal (Criminal Division): Defendants can appeal against their conviction or sentence. The prosecution can also appeal if they think a sentence was "unduly lenient" (too soft).
• To the Supreme Court (UKSC): This is the "end of the road." You can only go here if the case involves a point of law of general public importance.

Key Takeaway: Appeals move "up" the hierarchy. You can't just jump to the Supreme Court; you have to follow the ladder!

4. Sentencing: The "Why" and "How" of Punishment

When someone is found guilty, the judge or magistrates must decide the punishment. They follow the Criminal Justice Act 2003 (s142).

The 5 Aims of Sentencing:

To remember these, use the mnemonic P.R.R.D.P. (People Really Respect Decent Punishment):
1. Punishment (Retribution): Making the criminal "pay" for what they did.
2. Reduction of Crime (Deterrence): Scaring the criminal (or the public) so they don't do it again.
3. Reform and Rehabilitation: Helping the criminal change their ways (e.g., drug treatment).
4. Protection of the Public: Keeping dangerous people off the streets (e.g., prison).
5. Reparation: Making the criminal "give back" to the victim or community.

Types of Sentences:

• Custodial: Prison (can be immediate or suspended).
• Community: Unpaid work ("community service"), curfews, or drug treatment orders.
• Fines: Paying money to the court.
• Discharges: Absolute (no punishment) or Conditional (no punishment as long as they stay out of trouble for a set time).

5. Lay People: The Magistrates

Magistrates (also called Justices of the Peace) are volunteers. They are not lawyers, but they judge 95% of all criminal cases!

Qualifications and Qualities:

You don't need a law degree! You just need to be aged 18-65 and live/work near the court. You must possess six key qualities:
Good character, understanding and communication, social awareness, mature and sound temperament, sound judgement, and commitment and reliability.

Their Role:

They usually sit as a "bench" of three. Since they aren't legal experts, they have a Legal Adviser (a qualified lawyer) to help them with the law, but the Magistrates decide the verdict (Guilty/Not Guilty) and the sentence.

6. Lay People: The Jury

A jury is a group of 12 ordinary people who decide the verdict in the Crown Court.

Selection:

Juries are chosen at random from the Electoral Register. To serve, you must be 18-75, a UK resident for 5 years, and not be disqualified (e.g., currently in prison).

Their Role:

The jury's job is to listen to the evidence and decide the facts of the case. They sit in private and must try to reach a unanimous verdict (12-0). If they can't agree after a long time, the judge may allow a majority verdict (10-2 or 11-1).

Advantages and Disadvantages of Juries:

Advantages:
• Public Participation: "Trial by your peers" is a basic right.
• Jury Equity: Juries can decide a case based on what is "fair" rather than just following the strict letter of the law (like in the case of Ponting).
• Secrecy: They are free from outside pressure because their discussions are private.

Disadvantages:
• Lack of Understanding: Complex fraud or technical cases can be hard for non-lawyers to follow.
• Perverse Verdicts: Sometimes juries ignore the evidence and give a "wrong" verdict because they feel sorry for the defendant.
• Secrecy: Because it's private, we don't know if they made their decision for the right reasons (or just by tossing a coin!).

Common Mistake to Avoid: Don't confuse Magistrates and Juries! Magistrates are volunteers who do it often and also decide the sentence. Juries are random people who usually do it once and only decide the verdict (the Judge decides the sentence).

Quick Summary Takeaway

• Summary = Small; Indictable = Big; Either-way = In the middle.
• Magistrates are the "lay" judges in lower courts.
• Juries are the "lay" people in the Crown Court.
• Sentencing has 5 main goals, from punishment to helping people change.