This document provides an overview of the English legal system including the structure of the courts, criminal offenses, and sentencing. It discusses the hierarchy of courts, with the Magistrates' Court handling less serious offenses and the Crown Court handling more serious indictable offenses. It describes the selection and roles of judges, magistrates, and juries in criminal trials. It also categorizes criminal offenses as summary, either way, or indictable and outlines the sentencing powers and aims of the Magistrates' Court and Crown Court.

1. Foundation Law
2013/14
Lecture 4

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.

5.  The Magistrates’Court
 The Crown Court

6.  Sentencing Powers
 Types of offences triable in the courts

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)