Possible Criminal law 8 and 12 mark
Exam (OCR)-Graded A
CRIMINAL COURTS - describe the different categories of offences and the pre-trial
procedure for deciding on which court a criminal case can be heard (8 marks) -
ANSWER-the three different categories of offences are summary, triable either way and
indictable. summary offences are for the least serious crimes and they are tried at the
magistrates court. some examples of summary offences are assault and trafficking
offences. triable either way offences are tried at the magistrates or crown courts
depending on the circumstances of the case. some examples are assault occasioning
actual body harm and theft. indictable offences are the most serious type of offences
and are tried at the crown court. examples are robbery and rape. for pre-trial procedures
the accused will be put before the magistrate court who deal with administrative
matters. this may be done by a single magistrate or the legal adviser who will make
decisions about legal aid and ball.
CRIMINAL COURTS - what types of sentence can a court give out? (8 marks) -
ANSWER-the four different types of sentences are: discharge, fine, community
sentence and custodial. discharge is when the defendant has been convicted of an
offence but the court is of the opinion that punishment is unnecessary for some reason.
conditional is when the offender will have a criminal record and nothing else as long as
they don't commit another crime in three years, then they will be trailed for the original
crime and the new one. absolute is when they only get a criminal record and no other
action is taken. fine requires the offender to pay a financial penalty and may be imposed
alone or in addition to another type of sentencing. community sentence is a serious
punishment but an alternative to prison. it is where the offender will do work that helps
the community where they live in some way. examples are unpaid work, activity
requirement and alcohol treatment requirement. finally custodial is used if the offence is
thought to be so serious that a fine alone or community sentence cant b justified for the
offence. examples include mandatory life sentence, fixed-term sentences and
suspended sentences.
SENTENCING - explain the different aims of sentencing (8 marks) - ANSWER-some of
the different aims of sentencing are punishment, reduction of crime, reform and
rehabilitation, protection of the public and reparations. the aim for punishment is that if a
person had knowingly done wrong, they deserved to be punished and society expects
that they are. the aim of reduction of crime is sentencing someone in order to dissuade
people from offending or reoffending. reform and protection is used with the aim of
helping an offender to solve the issues that lie behind why they committed the crime in
the first place. sentencing is used with the aim to protect the public and is used as a
,strong general justification for punishment and imprisonment in particular. lastly
reparation is used so the offender makes amends for their crime.
SENTENCING - describe the factors a court will consider when sentencing (8 marks) -
ANSWER-there are two different factors judges will consider when they are sentencing.
these are aggravating factors and mitigating factors. aggravating factors are factors
which make an offence more serious and can result in a more severe sentence. E.g.
use of weapons, premeditated attack, breach of trust, racist or religious motive.
however, mitigating factors are factors the court will take into account and he offender
may have a more lenient sentence. E.g. good character, personal circumstances, show
remorse.
SENTENCING - which sentences are best if the main aim is to stop reoffending (8
marks) - ANSWER-i think reduction of crime because a specific deterrent applies to an
individual and the aim is to deter that particular person from re-offending. A custodial
sentence could act as a deterrent. The offender who is sent to prison will be reluctant to
reoffend as they do not want to be sent back in the future. A sentence designed to act
as a general deterrent is aimed at the public. The hope is that people will be deterred
from committing crimes by the level of punishment that they will receive if convicted.
SENTENCING - describe the different types of sentencing available to a court (8 marks)
- ANSWER-the four different types of sentences are: discharge, fine, community
sentence and custodial. discharge is when the defendant has been convicted of an
offence but the court is of the opinion that punishment is unnecessary for some reason.
conditional is when the offender will have a criminal record and nothing else as long as
they don't commit another crime in three years, then they will be trailed for the original
crime and the new one. absolute is when they only get a criminal record and no other
action is taken. fine requires the offender to pay a financial penalty and may be imposed
alone or in addition to another type of sentencing. community sentence is a serious
punishment but an alternative to prison. it is where the offender will do work that helps
the community where they live in some way. examples are unpaid work, activity
requirement and alcohol treatment requirement. finally custodial is used if the offence is
thought to be so serious that a fine alone or community sentence cant b justified for the
offence. examples include mandatory life sentence, fixed-term sentences and
suspended sentences.
SENTENCNG - discuss the advantages of the different sentences available to the
courts (12 marks) - ANSWER-- An advantage of custodial sentencing is that it punishes
the offender. This is an advantage because the idea is that if a person has knowingly
done wrong, they deserve to be punished and society expects it. However by having a
custodial sentence, a person's whole life is affected from losing their job to losing their
family.
- An advantage of a fine as a sentencing is that it helps with reparations for their crime.
This is an advantage because the offender attempts to repair the damage caused by
their offence, usually by carrying out work in their community. Therefore this allows the
, offender to have time to think about what they have done while helping out their
community at the same time.
- An advantage of community sentences is that it helps repair the damage caused. This
is an advantage because restitution requires the offender to make reparation to society
as a whole. This could be done through a community order for unpaid work to clean and
usually are directed specifically at the victim. Therefore this means that the victims of a
crime will be considered in the sentencing of the offender.
- An advantage of discharged sentencing is that it will hopefully deter the offender from
recommitting a crime. This is an advantage because if the offender gets a conditional
discharge they are less likely to reoffend as they will then be charged with both crimes.
However these are only imposed on 8% of cases so are unlikely to happen.
JURIES - discuss the advantages of using a jury in criminal cases (8 marks) -
ANSWER-- one advantage of using juries in criminal cases is they uphold public
confidence. this is an advantage because justice is seen to be done, as members of the
public are involved in the administration of the justice making the whole public process.
however they don't receive training so most are complete amateurs.
- another advantage of using juries juries in criminal cases is: their deliberations are
kept secret and their decision made away from external influence. This is an advantage
because: the jury are free from pressure during their discussions and are protected from
outside influences when deciding on the verdict. This allows
juries to bring in verdicts that may be unpopular with the public. However: there is no
way of knowing if the jury understood the case and have come to the decision for the
right reasons.
JURIES - discuss the disadvantages of using a jury in criminal cases (8 marks) -
ANSWER-- One disadvantage of using juries in criminal cases is: they do not have to
give reasons for their decision.
This is a disadvantage because: This is a disadvantage because it makes it difficult for
defendants to appeal against their verdict. However: Jury equity is an advantage, which
was established in Bushell's case (1670) which means that juries cannot be pressurised
by a judge. This is an advantage because it means that juries are independent from the
judge and cannot be penalised for their verdict. Since jurors are not legal experts and
do not have to follow the law or give reasons for their verdict, it is possible for them to
decide cases on the idea of fairness.
- Another disadvantage of using juries in criminal cases is: juries may not understand
the law and reach the wrong decision. This is a disadvantage because: there is no way
of knowing if jury understood case and came to decision for right reasons, because they
don't have to give a reason for their decision. Furthermore: research in Australia - 'over
50% of jurors surveyed understood legal terms and complex facts most of the time but
fewer than 20% understood them thoroughly.' Of the 277 jurors questioned, only a
quarter of the jurors were able to correctly state the verdict in the case they sat on.
JURIES - describe the qualifications of a juror including disqualifications, ineligibility and
excusals (8 marks) - ANSWER-the juries act 1974 contains the qualifications for jury
service. the three main qualifications are: aged between 18 and 75, registered as a
Exam (OCR)-Graded A
CRIMINAL COURTS - describe the different categories of offences and the pre-trial
procedure for deciding on which court a criminal case can be heard (8 marks) -
ANSWER-the three different categories of offences are summary, triable either way and
indictable. summary offences are for the least serious crimes and they are tried at the
magistrates court. some examples of summary offences are assault and trafficking
offences. triable either way offences are tried at the magistrates or crown courts
depending on the circumstances of the case. some examples are assault occasioning
actual body harm and theft. indictable offences are the most serious type of offences
and are tried at the crown court. examples are robbery and rape. for pre-trial procedures
the accused will be put before the magistrate court who deal with administrative
matters. this may be done by a single magistrate or the legal adviser who will make
decisions about legal aid and ball.
CRIMINAL COURTS - what types of sentence can a court give out? (8 marks) -
ANSWER-the four different types of sentences are: discharge, fine, community
sentence and custodial. discharge is when the defendant has been convicted of an
offence but the court is of the opinion that punishment is unnecessary for some reason.
conditional is when the offender will have a criminal record and nothing else as long as
they don't commit another crime in three years, then they will be trailed for the original
crime and the new one. absolute is when they only get a criminal record and no other
action is taken. fine requires the offender to pay a financial penalty and may be imposed
alone or in addition to another type of sentencing. community sentence is a serious
punishment but an alternative to prison. it is where the offender will do work that helps
the community where they live in some way. examples are unpaid work, activity
requirement and alcohol treatment requirement. finally custodial is used if the offence is
thought to be so serious that a fine alone or community sentence cant b justified for the
offence. examples include mandatory life sentence, fixed-term sentences and
suspended sentences.
SENTENCING - explain the different aims of sentencing (8 marks) - ANSWER-some of
the different aims of sentencing are punishment, reduction of crime, reform and
rehabilitation, protection of the public and reparations. the aim for punishment is that if a
person had knowingly done wrong, they deserved to be punished and society expects
that they are. the aim of reduction of crime is sentencing someone in order to dissuade
people from offending or reoffending. reform and protection is used with the aim of
helping an offender to solve the issues that lie behind why they committed the crime in
the first place. sentencing is used with the aim to protect the public and is used as a
,strong general justification for punishment and imprisonment in particular. lastly
reparation is used so the offender makes amends for their crime.
SENTENCING - describe the factors a court will consider when sentencing (8 marks) -
ANSWER-there are two different factors judges will consider when they are sentencing.
these are aggravating factors and mitigating factors. aggravating factors are factors
which make an offence more serious and can result in a more severe sentence. E.g.
use of weapons, premeditated attack, breach of trust, racist or religious motive.
however, mitigating factors are factors the court will take into account and he offender
may have a more lenient sentence. E.g. good character, personal circumstances, show
remorse.
SENTENCING - which sentences are best if the main aim is to stop reoffending (8
marks) - ANSWER-i think reduction of crime because a specific deterrent applies to an
individual and the aim is to deter that particular person from re-offending. A custodial
sentence could act as a deterrent. The offender who is sent to prison will be reluctant to
reoffend as they do not want to be sent back in the future. A sentence designed to act
as a general deterrent is aimed at the public. The hope is that people will be deterred
from committing crimes by the level of punishment that they will receive if convicted.
SENTENCING - describe the different types of sentencing available to a court (8 marks)
- ANSWER-the four different types of sentences are: discharge, fine, community
sentence and custodial. discharge is when the defendant has been convicted of an
offence but the court is of the opinion that punishment is unnecessary for some reason.
conditional is when the offender will have a criminal record and nothing else as long as
they don't commit another crime in three years, then they will be trailed for the original
crime and the new one. absolute is when they only get a criminal record and no other
action is taken. fine requires the offender to pay a financial penalty and may be imposed
alone or in addition to another type of sentencing. community sentence is a serious
punishment but an alternative to prison. it is where the offender will do work that helps
the community where they live in some way. examples are unpaid work, activity
requirement and alcohol treatment requirement. finally custodial is used if the offence is
thought to be so serious that a fine alone or community sentence cant b justified for the
offence. examples include mandatory life sentence, fixed-term sentences and
suspended sentences.
SENTENCNG - discuss the advantages of the different sentences available to the
courts (12 marks) - ANSWER-- An advantage of custodial sentencing is that it punishes
the offender. This is an advantage because the idea is that if a person has knowingly
done wrong, they deserve to be punished and society expects it. However by having a
custodial sentence, a person's whole life is affected from losing their job to losing their
family.
- An advantage of a fine as a sentencing is that it helps with reparations for their crime.
This is an advantage because the offender attempts to repair the damage caused by
their offence, usually by carrying out work in their community. Therefore this allows the
, offender to have time to think about what they have done while helping out their
community at the same time.
- An advantage of community sentences is that it helps repair the damage caused. This
is an advantage because restitution requires the offender to make reparation to society
as a whole. This could be done through a community order for unpaid work to clean and
usually are directed specifically at the victim. Therefore this means that the victims of a
crime will be considered in the sentencing of the offender.
- An advantage of discharged sentencing is that it will hopefully deter the offender from
recommitting a crime. This is an advantage because if the offender gets a conditional
discharge they are less likely to reoffend as they will then be charged with both crimes.
However these are only imposed on 8% of cases so are unlikely to happen.
JURIES - discuss the advantages of using a jury in criminal cases (8 marks) -
ANSWER-- one advantage of using juries in criminal cases is they uphold public
confidence. this is an advantage because justice is seen to be done, as members of the
public are involved in the administration of the justice making the whole public process.
however they don't receive training so most are complete amateurs.
- another advantage of using juries juries in criminal cases is: their deliberations are
kept secret and their decision made away from external influence. This is an advantage
because: the jury are free from pressure during their discussions and are protected from
outside influences when deciding on the verdict. This allows
juries to bring in verdicts that may be unpopular with the public. However: there is no
way of knowing if the jury understood the case and have come to the decision for the
right reasons.
JURIES - discuss the disadvantages of using a jury in criminal cases (8 marks) -
ANSWER-- One disadvantage of using juries in criminal cases is: they do not have to
give reasons for their decision.
This is a disadvantage because: This is a disadvantage because it makes it difficult for
defendants to appeal against their verdict. However: Jury equity is an advantage, which
was established in Bushell's case (1670) which means that juries cannot be pressurised
by a judge. This is an advantage because it means that juries are independent from the
judge and cannot be penalised for their verdict. Since jurors are not legal experts and
do not have to follow the law or give reasons for their verdict, it is possible for them to
decide cases on the idea of fairness.
- Another disadvantage of using juries in criminal cases is: juries may not understand
the law and reach the wrong decision. This is a disadvantage because: there is no way
of knowing if jury understood case and came to decision for right reasons, because they
don't have to give a reason for their decision. Furthermore: research in Australia - 'over
50% of jurors surveyed understood legal terms and complex facts most of the time but
fewer than 20% understood them thoroughly.' Of the 277 jurors questioned, only a
quarter of the jurors were able to correctly state the verdict in the case they sat on.
JURIES - describe the qualifications of a juror including disqualifications, ineligibility and
excusals (8 marks) - ANSWER-the juries act 1974 contains the qualifications for jury
service. the three main qualifications are: aged between 18 and 75, registered as a
