Sentencing Offenders
Task Four
Outline the power of the courts in sentencing offenders by using one example of a summary offence and indictable offence.
There are two main courts - Magistrates and Crown Court. Magistrates have less power than Crown. magistrates can sentence up to six months in custody. Crown Courts can sentence longer up to life in prison. An indictable offence is one tried by a jury in the Crown court. When a magistrates court feels that the offence is so serious they cannot sentence accordingly i/e give a harsher punishment, as the crime deserves in the public interest, or is clearly so serious such as rape or murder, they pass it to the Crown court "indictment".
A summary offence is one which can only be dealt with by a magistrates Court usually minor offences such as assault.
Every person has the right of appeal set in statute law. Appeals can only be dealt with by a higher court, so if you were sentenced to six months in a magistrate’s court you have to appeal to the Crown court. You can appeal against sentence or conviction for exqample you think six months is too harsh or you claim that you did not commit the offence you were convicted of.
If you were convicted of theft of a bike and were sentenced to 2 months in prison by the magistrates court - a summary offence - you may appeal because you think two months is too much or you claim you were innocent and believe you were wrongly convicted. Your avenue of appeal is to the Crown Court because only a higher court can overturn a lower court.
If you were convicted of murder and sentenced to life in prison (this is the only sentence a judge can give because it is set in statute law) your avenue of appeal is to the Court of Appeal which has a higher status than Crown Court, you CAN NOT appeal against sentence for murder you can only appeal against conviction if you win you are free.
Grounds of appeal can be - new evidence - legal precedence, such as when an expert witness is proven to be wrong in his procedure
Outline the power of the courts in sentencing offenders by using one example of a summary offence and indictable offence.
There are two main courts - Magistrates and Crown Court. Magistrates have less power than Crown. magistrates can sentence up to six months in custody. Crown Courts can sentence longer up to life in prison. An indictable offence is one tried by a jury in the Crown court. When a magistrates court feels that the offence is so serious they cannot sentence accordingly i/e give a harsher punishment, as the crime deserves in the public interest, or is clearly so serious such as rape or murder, they pass it to the Crown court "indictment".
A summary offence is one which can only be dealt with by a magistrates Court usually minor offences such as assault.
Every person has the right of appeal set in statute law. Appeals can only be dealt with by a higher court, so if you were sentenced to six months in a magistrate’s court you have to appeal to the Crown court. You can appeal against sentence or conviction for exqample you think six months is too harsh or you claim that you did not commit the offence you were convicted of.
If you were convicted of theft of a bike and were sentenced to 2 months in prison by the magistrates court - a summary offence - you may appeal because you think two months is too much or you claim you were innocent and believe you were wrongly convicted. Your avenue of appeal is to the Crown Court because only a higher court can overturn a lower court.
If you were convicted of murder and sentenced to life in prison (this is the only sentence a judge can give because it is set in statute law) your avenue of appeal is to the Court of Appeal which has a higher status than Crown Court, you CAN NOT appeal against sentence for murder you can only appeal against conviction if you win you are free.
Grounds of appeal can be - new evidence - legal precedence, such as when an expert witness is proven to be wrong in his procedure