What two types of courts are there?
- Magistrates courts
- Crown courts
Key facts about Magistrates courts
- all cases begin here
- decide on bail and remand
- decide factual innocence or guilt
- limited sentencing power
what percentage of cases end in magistrates courts? and what types of offences?
95-97%
summary and triable either way offences
How many magistrates in magistrates courts?
3 magistrates or 1 stipendiary
Key facts about crown courts
- sentence passed by judge
- sentence referrals from magistrates
- decide appeal from magistrates: remand, conviction, sentence
What percentage of triable either way and indictable offences occur in crown court?
Around 5%
How many jury in crown courts and what does the judge do?
- 12 jury
- the sentence is passed by the judge
What are the three types of crown court judges?
- recorder judges
- circuit judges
- high court judges
What is the CJ act 2003 purposes of sentencing?
- punishment of offenders
- reduction of crime
- reform and rehabilitation of offenders
- protection of the public
- making reparation by offenders
What are the sentencing guidelines of the sentencing council?
- promote transparency and consistency of treatment
- judges to consider impact on public confidence in CJS
What other factors influence sentencing?
- statues: maximum and minimum terms
- judgements of appellate courts
- sentencing guidelines
- aggravating and mitigating factors
What are aggravating factors?
- previous convictions
- offended on bail or licence
- motivated by victims disability, race, sexuality or religion
- planned offence
- influence of alcohol or drugs
- abuse of position of trust/vulnerable victim
- committed with others
- multiple victims
What are mitigating factors?
- previous good character
- greater degree of provocation than normally expected
- mental illness or disability
- youth or age where it affects the responsibility of the defendant
- in treatment for drugs or alcohol
- minor role in the offence
What does sentencing act 2020 s73 state?
reduced sentence for guilty pleas
What are examples of non-custodial sentences?
discharges and financial and community penalties
What are the 2 types of discharges and what percentage of sentences are they?
- 8%
- absolute: ‘inexpedient to inflict punishment’
- conditional: can get a sentence if conditions are broken
What financial penalties are there and what percentage of sentences are they?
- 65%
- fine (most common in magistrates court): statutory maximums for offence type
- compensation (for victim)
- victim surcharge - doesn’t go directly to victim but support services
What community penalties are there and what percentage of sentences are they?
- 14%
- supervision by probation
- curfew/prohibited areas (with electronic monitoring)
- unpaid work
- programme of rehabilitation and/or treatment for addiction
What’s the percentage of other non-custodial sentences that aren’t discharges, fines or community penalties?
1%
What percentage of custodial sentences are suspended?
4%
What percentage of custodial sentences are immediate?
8%
What does the Custody threshold (ss152-3) state?
the punishment must ‘commensurate with the seriousness of the offence’
What are the two types of custodial sentences?
- determinate
- indeterminate
What is determinate sentencing?
- suspended sentence: meet certain conditions and serve in the community over prison
- max of 2 years
- crown courts
- significant risk to public of violent/sexual offence
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The culture of control25
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Adaptation and punitive control25
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Sentencing26
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Probation25
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Prisons36
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Death penalty32
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Policing and crime control17
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Adaptation and punitive policing11
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Policing below the state19
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Policing beyond the state: Commercial policing17
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Crime prevention: restorative justice9
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Crime prevention27
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New directions in prevention: Security and emergent technologies6
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New directions in prevention: ignored insecurities and social harm9
