Please enable JavaScript.
Coggle requires JavaScript to display documents.
The Legal System
Courts, Sentencing and Lay People - Coggle Diagram
The Legal System
Courts, Sentencing and Lay People
Purpose of Sentencing
- Covered in S124 of Criminal Justice Act 2003
-
Protection of the public
Life imprisonment for murderers, sex offenders, s18 offences
Criminal Justice Act 2003 -
where public is at serious risk from D - court must impose a custodial sentence
CJA 1991 and 2003 -
- Emphasises importance of violent offenders
- S227 - extended periods can be added to sentences where there's significant risk of harm to the public
-
-
-
Intro to Sentencing
- Custodial
- Fines
- Community Service
- Driving Bans
- Restraining Orders
- Signing a 'register'
- Discharge
- ASBO
- Treatment Programmes
- Curfews
- Bans from Areas
The Sentencing Council - ensures sentencing in UK remains consistent within the UK - helps both judges and offenders
Deciding on Sentencing
1 - Judges decide category of offence
2 - Sentence imposed on category - begins to consider factors (agg and mit) that indicate higher culpability and greater harm (worse offence)
Aggravating Factors
- Factors making an offence more serious (CJA 2003)
- Previous convictions
- Weapon
- Race involvement
- Vulnerability
Mitigating Factors
- Allows courts to give a lighter sentence
- Co-operation with police
- Plead guilty at first instance
- Illness
-
-
Purpose of Juries
Used in around 2% of criminal trials (95% heard in Mags - no jury) - other 2 - 5% = crown court cases on guilty plea
12 jurors in a jury (lay people)
Determine guilty / not guilty
Juries
- The right to trial by peers - established 1215 in Magna Carta
- Have 'Jury Equity' - Completely free to make own choice and are not bound by law
- Ideally all jurors will reach same decision (12/12)
- Can sometimes accept 'majority verdict' 11:1 or 10:2 depending on length of trial (Criminal Justice Act 1967)
Role and Process
- Juries - civil duty
- If juror doesn't turn up = criminal offence
under Juries Act 1974 (recently replaced with CJ and Courts Act 2015 (can and can't do - Repudiation of Oath = criminal consequence