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CRIMINAL TRIALS

Magistrates and the Crown Court

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Magistrates

• 2 Types :-

• Lay Magistrates – ordinary members of the public who are then trained. Unpaid (get expenses only) Sit in groups of 3

• District Judges ( Old title – ‘Stipendiaries’ or ‘Stipes’) Legal professionals with 10 years experience. Sit alone.

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What do Magistrates do?

• Hear a variety of cases mostly criminal.

• Anyone charged with a criminal offence will be dealt with by Magistrates (unless cautioned by Police)

• May try cases completely ( summarily)

OR

hold committal proceedings where accused will go to Crown Court for trial.

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SUMMARY TRIAL

• Magistrates hear the whole of the case right through to decision on guilt/innocence and then sentence (where accused found guilty)

• Where appropriate, convicted person can be sent to Crown Court for sentencing if Magistrates consider it appropriate.

• Magistrates have limited sentencing powers – up to 6 months in prison (for one offence) up to 12 months (for consecutive offences) plus other forms of sanction e.g. fines (max £5000), probation etc.

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Crown Courts

• Proceedings presided over by judge (Circuit or High Court depending on type of case). High Court judges come from QB Division

• Guilt or innocence decided by jury (compare magistrates)

• Sentencing by judge• Crown courts hear a very small percentage of

criminal trials• Tier system of courts

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Sentencing

• Magistrates have very limited powers of sentencing

• Crown Courts have very wide powers but are restricted by any statute creating an offence which lays down sentence that may be passed.

• Both courts are bound by the new Sentencing Council rules/guidelines

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Sentencing Council

• Created by Coroners & Justice Act 2009. Came into being Spring 2010.

• Created to ‘promote greater transparency & consistency in sentencing whilst maintaining the independence of the judiciary. Also aims to inform the public’s understanding of sentencing & help increase public confidence in the Criminal Justice system’

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How strict are the rules of the Council?

• ‘Any guidelines issued by the council must be followed unless it is not in the interests of justice’

• Look on the Council website for information on the council, it’s members and for guidelines in existence already.

• Read Lord Leveson’s speech to Criminal Bar Association in May 2010

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Problems with sentencing?

• Is it too harsh/lenient/OK?

• Is it consistent between courts of the same level? A common criticism

• How effective was the old ‘Guideline’ system?

• How good will the new system be? Read some of the discussion.

• Look on SC website and play their game!

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What about the victim?

• The state brings the prosecution (unless it’s a private prosecution e.g. Stephen Lawrence murder)

• Victim Support Schemes• Criminal Injuries Compensation scheme – for

victims of violent crime – benefits & criticisms• Compensation orders (since 1972)• Criminal Justice Act 2003 – Video links/bail

provisions to assist victims & witnesses

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Domestic Violence, Crime & Victims Act 2004 (1)

• Emphasis on the victim

• Informing the victim about any trial

• Information about when offender may be released – any conditions requested

• Commissioner for Administration can investigate complaints re failure to comply with Victims Charter

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Domestic Violence, Crime & Victims Act (2)

• Creates Commissioner for Victims & Witnesses – Role is to promote their interests

• To encourage good practice when dealing with victims

• Act also provides for Victims Advisory Panel. Consists of voluntary lay people who have direct experience of victimization + senior officials from Criminal Justice agencies + 3 co-opted members from voluntary organisations to which government provides core funding

• Impact statements by family members of vistims of murder/manslaughter

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Types of offences

• Summary offences e.g. driving offences , some theft e.g. shop-lifting, common assault

• Offences ‘triable either way’ e.g. some forms of assault (Actual Bodily Harm), some theft or drug offences

• Indictable Offences – serious crime e.g. murder