Criminal Courts and Lay People

The criminal justice system in England and Wales exists to enforce the criminal law and maintain public order. Criminal cases are brought by the state against individuals accused of committing offences. This reflects the idea that crimes are wrongs against society, not just against individual victims.

Most prosecutions are conducted by the Crown Prosecution Service (CPS), which decides whether there is:

• Sufficient evidence to prosecute, and
• Whether prosecution is in the public interest

The two main criminal courts are the Magistrates’ Court and the Crown Court, supported by an appellate structure and the involvement of lay people such as magistrates and juries.

Classification of Criminal Offences

Criminal offences are classified according to seriousness, which determines:

• Which court hears the case
• The trial procedure
• The maximum sentence available

Summary Offences

Summary offences are the least serious criminal offences.

Examples:

• Common assault
• Driving offences (e.g. speeding)
• Minor criminal damage

Jurisdiction and procedure:

• Tried only in the Magistrates’ Court
• No jury
• Heard by lay magistrates or a District Judge

Pre-trial procedure:

• Case is dealt with quickly
• First appearance and trial usually occur in the same court
• Defendant has no right to jury trial

Context:
This allows minor cases to be dealt with efficiently, reducing delays and pressure on higher courts.

Triable Either-Way Offences

Triable either-way offences are medium-serious offences.

Examples:

• Theft
• Burglary
• Actual bodily harm (ABH)
• Fraud

Pre-trial procedure:

1. First hearing in the Magistrates’ Court
2. Mode of trial hearing
3. Magistrates decide whether the case is suitable for summary trial
4. Defendant can choose trial by jury in the Crown Court
5. If accepted → Magistrates’ Court
6. If declined or elected → Crown Court

Context:
This process balances efficiency with the defendant’s right to a jury trial for more serious offences.

Indictable Offences

Indictable offences are the most serious criminal offences.

Examples:

• Murder
• Rape
• Robbery
• Manslaughter

Jurisdiction and procedure:

• Tried only in the Crown Court
• First appearance in the Magistrates’ Court
• Case is sent to the Crown Court

Context:
Serious offences require greater sentencing powers, legal expertise and the involvement of a jury to ensure fairness.

Jurisdiction of Criminal Courts

Magistrates’ Court

The Magistrates’ Court is the foundation of the criminal justice system.

Jurisdiction:

• All summary offences
• Triable either-way offences (if accepted)
• Preliminary hearings for indictable offences
• Youth cases (with some exceptions)

Key features:

• No jury
• Lay magistrates or District Judge
• Maximum sentencing powers:
  • 6 months’ imprisonment per offence
  • 12 months for two offences
  • Unlimited fines

Context:
Around 95% of criminal cases are dealt with in the Magistrates’ Court, making it crucial for access to justice.

Crown Court

The Crown Court deals with the most serious and complex criminal cases.

Jurisdiction:

• Indictable offences
• Triable either-way offences sent or elected
• Appeals from the Magistrates’ Court

Key features:

• Judge and jury (for trials)
• More formal procedures
• Higher sentencing powers, including life imprisonment

Appeals and Appellate Courts

Grounds / Reasons to Appeal

Appeals are not automatic. They may be allowed where:

• The trial judge made an error of law
• There was an error of fact
• The procedure was unfair
• The conviction is unsafe
• The sentence is manifestly excessive or unduly lenient

Permission to appeal is usually required.

Appeals from the Magistrates’ Court

Appeal to the Crown Court

• Against conviction or sentence
• Full rehearing of the case
• Heard by a Crown Court judge and two magistrates

Case Stated Appeal

• Appeal on a point of law
• Goes to the King’s Bench Divisional Court
• Facts are not re-examined

Appeals from the Crown Court

Court of Appeal (Criminal Division)

• Appeals against conviction or sentence
• Focus on legal errors or unsafe convictions
• May:
  • Quash the conviction
  • Order a retrial
  • Vary the sentence

Appeals to the UK Supreme Court

• Only on a point of law of general public importance
• Permission required
• Very rare in criminal cases

Sentencing and Court Powers

Aims of Sentencing (s142 Criminal Justice Act 2003)

Judges must consider the statutory aims of sentencing:

1. Punishment of offenders
2. Reduction of crime (deterrence)
3. Reform and rehabilitation
4. Protection of the public
5. Reparation to victims

These aims often conflict, and judges must balance them when passing sentence.

Factors Affecting Sentencing

Courts consider:

• Seriousness of the offence
• Harm caused to the victim
• Defendant’s culpability
• Previous convictions
• Aggravating factors (e.g. use of a weapon)
• Mitigating factors (e.g. guilty plea)
• Sentencing Council guidelines

Types of Sentences for Adults

Custodial Sentences

• Prison sentences for serious offences
• Includes:
  • Immediate custody
  • Suspended sentences

Context:
Custody aims to punish and protect the public but is criticised for being expensive and ineffective at reducing reoffending.

Non-Custodial Sentences

• Fines
• Community orders
• Discharges

Community orders may include:

• Unpaid work
• Curfews
• Rehabilitation activity requirements

Context:
Non-custodial sentences focus on rehabilitation and reducing reoffending.

Lay Magistrates

Qualifications, Selection and Appointment

• Aged 18–75
• No legal qualifications required
• Appointed by the Lord Chancellor
• Expected to reflect the local community
• Must demonstrate:
  • Good character
  • Sound judgement
  • Social awareness

Role of Lay Magistrates

• Decide guilt and sentence
• Hear summary offences
• Conduct preliminary hearings
• Sit in panels of three
• Advised by a legally qualified clerk

Context:
Lay magistrates ensure public participation and reduce costs.

Juries in Criminal Cases

Qualifications and Selection

• Aged 18–75
• On the electoral register
• Random selection
• Must be impartial
• Certain occupations may be excused

Role of the Jury

• Used in Crown Court trials
• Decide guilt or innocence
• Must reach:
  • Unanimous verdict, or
  • Majority verdict (10–2)

Advantages of Using Juries

• Democratic involvement
• Reflects public opinion
• Protects against state power
• Encourages public confidence

Disadvantages of Using Juries

• Lack of legal knowledge
• Media influence
• Expensive and slow
• Risk of perverse verdicts

A-Level Law Exam Tips

For higher marks:

• Link courts and lay people to fairness and legitimacy
• Use accurate appeal routes
• Apply s142 CJA 2003 explicitly
• Evaluate whether lay participation improves justice