Criminal Courts and Lay People (AQA A-Level Law): Revision Notes
Criminal Courts and Lay People
Introduction to criminal courts
The criminal courts system enforces laws that prohibit certain behaviours. When individuals engage in forbidden conduct, they face potential punishment, which maintains order and civility in society.
Criminal courts operate at two levels: the Magistrates' Court, which primarily handles summary offences, and the Crown Court, which deals predominantly with indictable offences. These courts serve as the key courts of first instance where criminal cases are initially heard and determined.
The two-tier system of criminal courts ensures that cases are handled at the appropriate level based on their severity. The vast majority of cases begin and end in the Magistrates' Court, with only the most serious offences proceeding to the Crown Court.
Criminal process
Three essential processes operate within the criminal courts system: the charging procedure involving bail and remand decisions, trial proceedings in either the Magistrates' Court or Crown Court, and the role of the Crown Prosecution Service in managing prosecutions.
Being charged with a crime
When authorities charge a person with a criminal offence, they receive a charge sheet detailing the alleged offence(s). The police must then decide whether to release the accused on bail (allowing them to return home until trial) or place them in custody (detaining them until their first court hearing).
Bail functions as a form of security—either a financial sum or a promise—granted in exchange for an arrested person's freedom, with the guarantee that they will attend court when required.
Custody refers to the state of being under arrest or held on remand in prison while awaiting trial or serving a custodial sentence.
Bail
Section 4 of the Bail Act 1976 establishes a rebuttable presumption in favour of granting bail. A rebuttable presumption means a judge will reach a particular conclusion unless evidence proving the contrary is presented.
Police can release suspects on bail at the police station following their charge with an offence. Both the police and any court before which the defendant appears—typically the Magistrates' Court or Crown Court—possess the authority to grant bail. Bail remains effective until the scheduled court hearing.
However, authorities may refuse bail if sufficient grounds exist. Bail decisions can change: refusal at arrest may be overturned by a court grant later, and vice versa.
Bail Conditions
When bail is granted, various conditions may be imposed to ensure the defendant's attendance at trial and to protect the public. These conditions are legally enforceable and must be complied with.
When bail is granted, conditions may be imposed, including:
- Residing at a specified address
- Avoiding contact with certain individuals
- Surrendering passports to prevent leaving the UK
- Regular reporting to a police station at agreed times
Breach of these conditions results in re-arrest and remand in prison until the court hearing. This is a serious consequence that defendants must understand when accepting bail conditions.
Remand
When bail is refused—typically in cases involving serious crimes—the accused remains in prison until their first Magistrates' Court hearing.
Trial in the Magistrates' Court
Statistical Significance
Approximately 97 per cent of all criminal cases are dealt with in a Magistrates' Court, with over 90 per cent concluded at this level. This demonstrates the fundamental importance of magistrates in the criminal justice system.
The court's principal functions encompass:
- Trying summary offences and most triable-either-way offences
- Sentencing defendants found guilty (powers are limited but proportionate to the seriousness of offences within its jurisdiction)
- Conducting first hearings for indictable offences, including bail decisions and imposing reporting restrictions before transferring cases to the Crown Court
- Determining bail applications in summary or triable-either-way trials
- Hearing cases in the Youth Court for defendants aged 10–17
Trial in the Crown Court
In 1971, a system of Crown Courts was established to handle criminal cases not fully tried in the Magistrates' Courts.
The Crown Court handles the most serious indictable offences and some triable-either-way offences. It also processes appeals against Magistrates' Court convictions or sentences and cases transferred from Magistrates' Courts for trial or sentencing.
Crown Court proceedings normally involve:
- A jury of 12 members who determine guilt
- A single judge who imposes sentences when defendants are found guilty
The separation of roles in the Crown Court is crucial: the jury decides questions of fact (guilt or innocence), while the judge handles questions of law and determines appropriate sentences for convicted defendants.
Crown Prosecution Service
The Crown Prosecution Service (CPS) bears responsibility for prosecuting most criminal cases in England and Wales. Its functions include:
- Determining which cases should proceed to prosecution
- Identifying appropriate charges for defendants
- Preparing cases and presenting them in court
The Two-Stage Test for Prosecution
Under the Code for Crown Prosecutors, prosecution decisions require the case to satisfy a two-stage test. Both stages must be satisfied before a prosecution can proceed.
- The evidential burden test: Sufficient evidence must exist to support a prosecution
- The public interest stage test: The prosecution must serve the public interest
Factors favouring CPS prosecution include:
- Premeditated criminal intent
- Use of weapons
- Abuse of positions of authority or trust
- Victim vulnerability
- Defendant's previous convictions
Classification of criminal offences
Criminal offences fall into three categories based on their severity and trial location:
Indictable offences
Trial court: Initial hearing in Magistrates' Court, then transferred to Crown Court for trial
Examples: Murder, manslaughter, robbery, Section 18 wounding/GBH
Sentencing powers: Up to the maximum prescribed by the specific offence under common law or statute
Triable-either-way offences
Trial court: Plea before Magistrates' Court or Crown Court
Examples: Theft and burglary, Section 20 wounding and ABH, drugs offences
Sentencing powers: Up to the maximum set by the specific offence (subject to magistrates' maximum sentencing powers)
Summary offences
Trial court: Magistrates' Court
Examples: Common assault, most motoring offences, minor criminal damage
Sentencing powers: Up to six months' imprisonment for a single offence or up to 12 months total for two or more offences; and/or a fine, generally up to $5,000
The classification of offences determines not only where they are tried but also the maximum sentences that can be imposed. Understanding these categories is essential for comprehending how the criminal justice system processes different types of crimes.
Criminal appeal system
The criminal courts system provides potential appeal routes for defendants in all cases and for prosecution in certain situations. Initial pleas of guilty or not guilty do not affect appeal rights. A judge reviews appeal applications and decides whether to grant or refuse permission.
Appeals must be lodged within 28 days of either the conviction (when appealing against conviction) or the sentence (when appealing against sentence). This strict time limit is crucial for defendants to observe.
Appeals from the Magistrates' Court to the Crown Court
Available to: Only the defence
Reason for appeal: Against sentence and/or conviction
Appeal heard by: Panel comprising one Circuit Judge and two magistrates
Further appeal: Generally no, but possible appeal to the Queen's Bench Divisional Court purely on a point of law, with potential further appeal to the Supreme Court
Result: Appeal quashed, confirmed, or case remitted back to the Magistrates' Court
Appeals from the Magistrates' Court to the Queen's Bench Divisional Court (QBD)
Available to: Both prosecution and defence
Reason for appeal: On a point of law by way of case stated
Appeal heard by: Panel of two or three High Court Judges, potentially including a Court of Appeal Judge
Further appeal: Possible appeal by prosecution or defence to the Supreme Court on a point of law of general public importance (requires leave to appeal from either the Supreme Court or QBD)
Result: Appeal quashed, confirmed, or case remitted back to the Magistrates' Court
Appeals from the Crown Court by the defendant
Reason for appeal: Rare, but possible—against sentence and/or (unsafe) conviction
Where heard: Court of Appeal (Criminal Division) within six weeks of conviction (permission required). Fresh evidence may be heard at this appeal.
Further appeal: Again rare but possible, to the Supreme Court on a point of law of general public importance (leave to appeal required)
Result: Appeal quashed or confirmed
Appeals from the Crown Court by the prosecution
Reason for appeal:
- Against the acquittal of the defendant if the prosecution is dissatisfied with the decision
- By the Attorney-General to clarify a point of law relevant to the acquittal
- Against sentence if the Attorney-General considers it unduly lenient
Where heard: Court of Appeal (Criminal Division)
Further appeal: Rare but possible, to the Supreme Court on a point of law of general public importance (leave to appeal required)
Result: Appeal quashed or confirmed
The appeal system provides multiple layers of review to ensure justice is served. The hierarchy of courts—from Magistrates' Court through Crown Court and Court of Appeal to the Supreme Court—allows for thorough examination of legal issues while maintaining efficiency.
Criminal court powers and sentencing of adult offenders
Sentencing means any punishment imposed on an offender following conviction. An adult offender is any person aged 21 years or older convicted of an offence.
Four main types of adult sentences exist:
Imprisonment
Imprisonment is reserved for offenders whose behaviour is so serious that no other sentence suffices. Offenders typically serve half their sentence in prison and the remainder on licence in the community.
Community sentences
Offenders must complete between 40 and 300 hours of demanding work in the community or undergo treatment for issues such as drug addiction.
Fines
Fines apply to less serious offences and represent by far the most common sentence type. The amount imposed depends on the crime's severity.
Discharges
The court may determine that simply appearing before a judge or magistrate constitutes sufficient punishment. Conditions may accompany a discharge, such as staying out of trouble. If the offender commits another crime, the first offence will be considered when sentencing for the subsequent offence.
The range of sentencing options allows courts to impose punishments proportionate to the offence and the offender's circumstances. Courts must consider factors such as the seriousness of the offence, the offender's culpability, and the potential for rehabilitation.
The role of lay people in the criminal courts
Lay people are legally unqualified persons within the criminal justice system who play important roles in decision-making processes. Two main types exist:
- Magistrates: Part-time, unsalaried 'judges' who determine guilt and sentence offenders
- Juries: Drawn from the electorate, they decide the guilt of offenders in the Crown Court
The involvement of lay people in the criminal justice system is a distinctive feature of the English legal system. It ensures that ordinary citizens participate in the administration of justice, bringing community values and perspectives to legal proceedings.
Magistrates
Magistrates are ordinary people who work unpaid (except for expenses), hearing cases in their community. They handle the vast majority of criminal cases.
Role and powers
Magistrates perform the following functions:
- Sit typically in benches of three, including two 'wingers' and a Presiding Justice who acts as Chair
- Listen to evidence presented in court and follow structured guidelines in their decision-making
- Try summary and relevant triable-either-way offences, sentence guilty defendants, or transfer cases to the Crown Court for sentencing if their powers prove insufficient
- Conduct preliminary hearings, including early administrative hearings for indictable offences, remand hearings, and bail applications
Magistrates possess powers to determine guilt or innocence and impose the following sentences:
- Absolute or conditional discharge
- Custodial sentence between five days and six months
- Suspended sentence
- Community order
- Fine
- Order for compensation
- Disqualification or banning order (for example, driving ban)
Magistrates have limited sentencing powers compared to Crown Court judges. This limitation reflects the less serious nature of offences typically handled in the Magistrates' Court. When a case requires a more severe sentence, magistrates can transfer it to the Crown Court.
Juries
Role in criminal courts
Only approximately two per cent of criminal trials employ juries. Their role involves:
- Sitting in the Crown Court as a panel of 12 persons
- Deciding only the verdict—guilty or not guilty
- Determining the facts of the case
- Listening to the judge who directs the jury on points of law
- Operating independently without fear of pressure from the judge to convict or reach hasty verdicts
Landmark Case: Bushell's Case (1670)
The case of Bushell's Case (1670) established that juries act independently and without fear of pressure from judges. This principle remains fundamental to the jury system today, ensuring that juries can deliver verdicts based on their assessment of the evidence without external interference.
Advantages and disadvantages of using juries in criminal courts
Advantages:
Public confidence: The traditional concept of being judged by ordinary members of society rather than professional judges instils public trust in the system.
Jury Equity in Action
Jury equity upholds democracy and freedom of will. Cases such as R v Ponting (1985) and R v Grobbelaar (1997) demonstrate this principle in action, where juries returned verdicts that reflected their sense of justice despite the strict letter of the law.
Open system of justice: The process operates publicly and assumes no legal knowledge of jurors, with points being explained clearly.
Privacy of decision-making: Juries reach verdicts in private without outside pressures.
Random selection: The process allows a cross-section of the community to be selected.
Neutrality: A jury should remain impartial, with individual prejudices being cancelled out within the panel of 12.
Disadvantages:
Slow and expensive: Explaining points of law increases the time and cost involving judges and legal personnel.
Unpopular: The compulsory nature of jury service means many jurors would prefer not to serve due to impacts on their work or family life.
Case Study: Jury Interference
Outside influences: Media and social media coverage can potentially influence jurors, or jurors can be 'nobbled' (intimidated or corrupted). R v Twomey (2010) illustrates this concern, where serious jury tampering led to the trial proceeding without a jury.
Unusual Jury Deliberation Methods
No explanation of verdict: Decisions are made in secret with no reasons given, and potentially bizarre methods may be used to reach decisions, as seen in R v Young (1995), where jurors allegedly used a Ouija board during their deliberations.
Failure to understand the case: Due to the complex nature of law, juries may struggle to follow issues clearly.
Jury Bias Concerns
Lack of neutrality: Complete cancellation of bias, particularly racism, is speculative and unlikely. Sander v UK (2000) highlighted this issue when racial bias allegations against a jury member were not adequately addressed.
Key Points to Remember:
- The criminal courts system operates at two levels: Magistrates' Courts handle summary offences, while Crown Courts deal with indictable offences
- Bail under the Bail Act 1976 creates a rebuttable presumption in favour of release, with conditions possible
- The CPS applies a two-fold test before prosecuting: evidential burden and public interest
- Criminal offences are classified as indictable, triable-either-way, or summary, determining which court handles the trial
- Multiple appeal routes exist from both Magistrates' Courts and Crown Courts, ultimately reaching the Supreme Court on points of law of general public importance
- Four main adult sentences exist: imprisonment, community sentences, fines, and discharges
- Lay people (magistrates and juries) play crucial roles despite lacking legal qualifications
- Magistrates handle approximately 97% of all criminal cases, working in benches of three
- Juries of 12 decide guilt in approximately 2% of criminal trials, operating independently as established in Bushell's Case (1670)
- Both magistrates and juries present advantages and disadvantages in delivering justice