CRIMINAL TRIALS 1 Introduction The type of offence

CRIMINAL TRIALS 1

Introduction • The type of offence determines which court tries the case • It’s important to know the differences • 1. Magistrates’ Courts • 2. Crown Courts 2

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. 3

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. 4

SUMMARY TRIAL • Magistrates hear the whole of the case right through to decision on guilt/innocence and then sentence (where accused found guilty) • 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. 5

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 6

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 Sentencing Council rules/guidelines 7

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’ 8

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 9

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! 10

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 11

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 12

Domestic Violence, Crime & Victims Act (2) • Commissioner for Victims & Witnesses – Role is to promote victim’s interests – Baroness Helen Newlove • 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 victims of murder/manslaughter 13

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 - see diagram in Mc. Nae • Indictable Offences – serious crime e. g. murder 14