Foundation Law 2013/14

Lecture 4

Parliament and the legislative process

The role of parliament as the legislative body of the English constitution

Doctrine of Parliamentary Supremacy

The composition of parliament-The House of Commons and the House of Lords

Draft legislation (“Bills”) and the transition to becoming an Act of Parliament

The legislative process- the 5 stages

Outline the overall hierarchy of the English courts and the different civil and criminal courts;

Outline the key differences between the two criminal courts;

Describe the role and selection of the magistrates, the crown court judges and the jury;

Explain how a jury is selected and critically discuss the advantages & disadvantages of having a trial by jury;

Show knowledge & understanding of the different categories of criminal offences; and

The sentencing powers available to a judge/ magistrates and the aims of sentencing.

The Magistrates’ Court

The Crown Court

Sentencing Powers

Types of offences triable in the courts

Crimes are classified according to their seriousness and cases will be tried either in the Crown Court or the Magistrates’ Court depending on what type of criminal offence has been committed and the sentencing power of the court

Every crime carries a maximum sentence (punishment). For example, the sentence for murder is life imprisonment, whereas the maximum sentence for a section 20 offence (malicious wounding; causing actual bodily harm) is 5 years

It must be within the court’s sentencing powers, to sentence the defendant for a particular offence

There are 3 categories of crime:

Summary offences

Offences triable either way/ either way offences

Indictable offences

These are minor offences which can only be tried in a Magistrates’ Court

For example, minor traffic/driving offences

These are offences which can be tried either in the Magistrates’ Court or in the Crown Court

Where the offence is tried depends on the seriousness of the offence, the complexity of the case and the sentencing power of the courts

E.g. Theft is an either way offence! (theft of can of beans v theft of a £10k Rolex watch)

These are the serious offences (e.g., murder, rape and robbery) which can only be tried in the Crown Court before a judge/jury

These offences are called indictable offences because they are tried on indictment

An indictment is a document which lists all the charges against the defendant.

Deals with summary and either way offences

The matter comes before Magistrates (who can sit alone or as a panel of three)

No trial by a jury

A District Judge can also hear matters in the Magistrates Court

The Magistrates don’t necessary hold a legal qualification and are assisted by a clerk/legal adviser

They decide the verdict (whether the defendant is guilty/not guilty) and also pass the sentence

LIMITED SENTENCING POWERS:maximum 6 month imprisonment sentence for one

offence or 12 months for two or more offences and/or a £5,000 fine

Like the Crown Court, can not create precedent and is bound by the decisions of the Court of Appeal (Criminal Division)/Supreme Court

Its also a court of 1st instance

Where the defendant pleads “not guilty” to a triable either way offence, he has the right to ask for the case to be tried either in the Crown Court (before a judge and jury) or in the Magistrates’ Court

What do you think are the advantages/ disadvantages for a

defendant to be tried in the Crown Court as opposed to being tried in the Magistrates’ Court?

The Crown Court hears all indictable criminal cases as well as triable either way cases that are referred from the Magistrates’ Court

The defendant is tried on “indictment”

An indictment is a legal document which sets out all the criminal charges that have been brought against the defendant

The Crown Courts deal with the most serious offences, such as murder and offences which carry imprisonment of 6 months or more

It therefore, has UNLIMITED SENTENCING POWERS

The most famous Crown Court is the Old Bailey (“The Central Criminal Court”) which deals with crimes we often read about in the newspapers

Matters in the Crown Court are heard by a Crown Court Judge and a Jury

Unlike the Magistrates, the Crown Court Judge is legally qualified

The role of the jury is to hear the matter and to reach a verdict. Therefore, it is said that the jury deals with questions of fact

The role of the judge is to hear the jury’s verdict and using the sentencing guidance, pass an appropriate sentence. Therefore, the Crown Court Judges deal with questions of law

Next week’s seminars-in class group presentations on the role/selection and the advantages & disadvantages of having a trial by jury

Jacqueline Martin, “GCSE Law”, 5th Edition, Chapter 9- Juries

Neither the Magistrates’ Court nor the Crown Court creates precedent. Their decisions are therefore, not binding

They are however, bound by the decisions of the Supreme Court and the Court of Appeal (Criminal Division)

MAGISTRATES’ COURT

Custody/imprisonment- max.6 months for each offence (max.12 months for two or more offences). However, prison is only available for offenders aged 21 and over. Offenders aged 18-20 are sent to a Youth Offenders’ Institution

Community Orders: unpaid work/curfew/supervision order/ drug rehabilitation/alcohol treatment

Fines (maximum £5,000)

Discharges: conditional/absolute

CROWN COURT Custody/imprisonment:

unlimited (life imprisonment)

Community Order

Fine

Discharge

When deciding what sentence to pass, the Magistrates/ Crown Court Judges will take into consideration the following:

the material facts of the offence

the background of the defendant

whether and at what point, the defendant entered into a plea

the aim/purpose of the sentence

The Criminal Justice Act 2003 sets out the purposes of sentencing those aged 18 and over

It states that when the court passes its sentence, it must have regard to the following:

the punishment of offenders

the reduction of crime (deterrence)

the protection of the public

reparation

Aim of sentence Explanation/ examples of sentence

Punishment Proportionate punishment for offence

Deterrence Individual-punish severely to “put off” from committing other offences•Immediate custodial sentence•Suspended prison sentence

Reform/rehabilitation Reform the offender’s behaviour•Community order

Protection of society Make offender incapable of committing further offences•Long prison sentence•Curfew•Driving ban

Reparation Offender has to do something to make amends for the offence committed•Unpaid work in the community•Direct reparation to victim•Pay compensation

Hand-Out

Reading: Jacqueline Martin, “GCSE Law”, 5th edition,

Chapter 9-Juries Jacqueline Martin, “GCSE Law”, 5th edition,

Chapters 3, 4 and 5

Preparatory Questions

Group Presentations (groups will be allocated during your seminars this week)