Unit 8 - Crime, The Criminal Courts and The Jury 2 2022

SAT0304
CRIME, CRIMINAL LAW AND THE JURY (2)
Lisa Riddler
Learning Outcomes
• Understand how a criminal case is dealt with

in the Crown Court
• Understand the role of the Jury
• Understand the role of the Judge in the
Crown Court
The Crown Court - either way
offences
Cases heard in the Crown Court :

Either way offences:
• theft.
• Burglary.
• Possession of drugs.
• Possession with intent to supply drugs.
• Affray.
• Assault occasioning actual bodily harm ( s47 Offences Against the Person
Act 1861)
Sentencing by a Judge and Trial by Jury in the Crown
Court
The Crown Court – indictable only
offences
Case heard in the Crown Court:

Indictable only offences:
• Murder
• Manslaughter
• Robbery
• Conspiracy cases
• Rape and other Sexual Offences under the Sexual Offences Act 2003
• Arson
• Attempting to Pervert the Course of Justice
• Assault under S20 and S18 of the Offences Against the Persons Act 1861
• Abduction
Entering a Plea
• The Defendant will pleaded Guilty or Not Guilty.

• If the Defendant pleads Guilty the Judge will will either
sentence the Defendant then and there or adjourn the case to
enable a Pre-Sentence Report to be prepared by the
Probation Services
• The Judge may refuse a request from a Defendant’s Solicitor
for a Pre-sentence report to be prepared
• The Defendant’s Solicitor will always address the Court and
attempt to provide mitigating factors to the Judge attempt to
persuade the Judge to be as lenient as he or she is able to be.
Sentencing
If a Defendant is found Guilty of a crime, their sentence will

depend on a number of factors, including the type, seriousness
and circumstances of the crime.
When deciding on a sentence, the judge or magistrate will
consider things like:
• age and maturity of the Defendant
• any learning difficulties or vulnerability
• the seriousness of the crime
• if the Defendant has a criminal record
• if the Defendant pleaded guilty or not guilty
Mitigating Factors
A mitigating circumstance is something that may

reduce the Defendant’s sentence, such as having
problems in their personal life that have affected
your behaviour.
What could these be?

Sentencing Guidelines
Judges have to consider the Sentencing

Guidelines when handing down a sentence.
Each offence has a minimum and maximum

recommended sentence.
https://www.sentencingcouncil.org.uk/crown
-court
Trial by Jury
• If a Defendant pleads Not Guilty in the Crown Court a

trial date will be set by the Judge.
• The trial will be heard by a Jury
• The Jury consists of 12 member of the public who

have been selected for Jury service
• Trial by Jury is a historic feature of UK Law

The History
• Trial by Jury dates back to the 12th Century.

The Magna Carta, the charter of rights, 1215:
recognition that a person has the right a trial

by ‘the lawful judgment of his peers’
start of trial by jury ‘12 Good men and true’

The Function of the Jury
• To decide on matters of fact; matters of law are the remit of

the judge.
• The jury’s decision is based on a consideration of a mixture of
fact and law. They must consider the Judge’s direction on the
Law.
• The jurors determine whether a person is guilty on the basis
of their understanding of the law as explained to them by the
judge.
• Juries therefore have control over the verdict and do not have
to justify or explain their decisions
• All member take an Oath
Jury Service
• Registered on the electoral roll and between the ages of 18-75

• Ordinarily resident in the UK, Channel Islands or the Isle of
Man for the last 5 years
• Not disqualified from jury service
• Deliberate in secret so accountable to no-one.
• Jurors (once sworn) cannot refuse to come to a decision.
• Can only defer once if you have a good reason
• If you fail to attend to the Jury summons – fine of £1000
Unanimous, Majority, Hung…
A Judge will request a unanimous verdict from the Jury
After reasonable deliberations ( usually in excess of 6 hours) the

Judge will accept a majority verdict of 10:2.
If there is still no agreement and the members of the Jury cannot

agree the Jury will be hung.
A hung Jury could lead to a re-trial. The decision rests with the
Crown Prosecution Service.
Are Juries fair?
Factors which may influence a Jury?

Factors which may influence a Jury
• Attractiveness of defendants
• Race of defendants
• Pre-trial publicity
• Use of expert witnesses
• Ability of the Barristers
Jury or no Jury?
• Can or should a jury make decisions with their own

consciences?
• Is it possible to get a set of neutral, impartial and objective
jurors, willing to discuss their views and feelings only with
their fellow jurors?
• What are the stress and the pressures involved in considering
information and having to reach a verdict over a long time
period in a high profile case?
• Conformity and group dynamics?
The role of the Media
• Pre-trial publicity
• Trial reporting
• Biases surrounding certain historic
events/case :
– The Yorkshire ripper : R v Sutcliffe [1981]
– The Stephen Lawrence case : R v Dobson and R v
Norris [2012]
– The Hillsborough Disaster : R v Duckenfield [2009]
Your tasks
• Watch the You Tube clip of the disaster

• Read the resources
• Understand the events and how they unfolded
over 30 years
• Begin to think about the cause and who, if
anyone is to blame.
The Hillsborough Disaster
• https://www.youtube.com/watch?v=J6kAtdw
NJ5s
Track the case…
• https://www.independent.co.uk/news/uk/cri
me/hillsborough-trial-timeline-david-duckenfi
eld-justice-liverpool-court-a8842196.html
• Read the resources uploaded on UniHub

Legal issues
The disaster : 1989

Civil claims ( over 700) : immediately
The decision of the CPS: 1990
A private prosecution: 2000
2 criminal trials : January and October 2019
30 years
Initial views
Who is to blame for this?
Is anyone to blame?
Possible Legal issues?

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SAT0304

CRIME, CRIMINAL LAW AND THE JURY (2)

• Understand how a criminal case is dealt with

Cases heard in the Crown Court :

Case heard in the Crown Court:

• The Defendant will pleaded Guilty or Not Guilty.

If a Defendant is found Guilty of a crime, their sentence will

A mitigating circumstance is something that may

What could these be?

Judges have to consider the Sentencing

Each offence has a minimum and maximum

• If a Defendant pleads Not Guilty in the Crown Court a

• The trial will be heard by a Jury

• The Jury consists of 12 member of the public who

• Trial by Jury is a historic feature of UK Law

• Trial by Jury dates back to the 12th Century.

recognition that a person has the right a trial

start of trial by jury ‘12 Good men and true’

• To decide on matters of fact; matters of law are the remit of

• Registered on the electoral roll and between the ages of 18-75

A Judge will request a unanimous verdict from the Jury

After reasonable deliberations ( usually in excess of 6 hours) the

If there is still no agreement and the members of the Jury cannot

Factors which may influence a Jury?

• Can or should a jury make decisions with their own

• Watch the You Tube clip of the disaster

• Read the resources uploaded on UniHub

The disaster : 1989

Who is to blame for this?

Possible Legal issues?

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