2. 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
3. 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.
7. 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
8. There are 3 categories of crime:
Summary offences
Offences triable either way/ either way offences
Indictable offences
9. These are minor offences which can only be tried in
a Magistrates’ Court
For example, minor traffic/driving offences
10. 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)
11. 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.
12. 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
13. 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
14. 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?
15. 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
16. 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
17. 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
18. 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
19. 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
20. 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)
21. 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 aYouth 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
22. 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
23. The Criminal JusticeAct 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
24. 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
25. 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)
