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The mega law gcse ocr 2015 thread!

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why don't you submit a special consideration form and say it was distracting, my class might because we had an invigilator and she kept telling us to write our details 3x throughout the entire exam, even going as far as to check pur papers individually...she was rude and annoying so my teacher spoke to the exam officer and she told us to put a special consideration form in...

Yes, we've spoken to the exam lady and she's made sure it won't happen again... If it does I will 100% do that, thanks.

Going back to my previous post, any areas you need help on?

Reply 41

09db09

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Reply 42

Loyale

Everdeen16, could you help me with the criminal appeals from magistrate and crown court and also the factors in a sentence?

Reply 43

Everdeen16

Original post by Loyale

Everdeen16, could you help me with the criminal appeals from magistrate and crown court and also the factors in a sentence?

Loyale, I'm sorry - I didn't see your previous message saying that was what you needed help on!

Criminal appeals from magistrates: Goes directly to Crown Court where the defendant appeals against the verdict or the sentence. Only the defendant can appeal. Once at Crown, there will be a full retrial with a Circuit judge and two magistrates; they can either change the verdict or increase/decrease the sentence. The case can be sent back to the Magistrates' Court for consideration and a retrial, but if there is a clear dispute of law, it goes to the Queen's Bench Divisional Court for clarification - this is known as a case-stated appeal. Basically, the defence or prosecution write to the QBD for clarification, arguing on a point of law crucial to the case or that the magistrates acted in ultra vires (above their powers). There is a further appeal route to the Supreme Court which is where it goes for ultimate clarification.

From Crown Court: 2 options here, either against the verdict or sentence and they are both a bit different.

Against verdict: Under the Criminal Appeals Act 1995, appeals go to the Court of Appeal (criminal division). Again, with some exceptions, only the defendant can appeal and they must say so at the trial or within 14 days of it. They must have permission from the COA or trial judge if they want to appeal there (they may allow it, dismiss it or order a retrial). It is usually based on the judge's interpretation of the law or the direction she/he gave to the jury. An appeal against the verdict could also be where a conviction is found to be unsafe, especially when new evidence becomes available after the trials. The Criminal Cases Review Commission was set up to investigate any miscarriages of justice and refer them to the COA (with permission, may dismiss, allow etc.).

Against sentence: Permission from COA or trial judge needed. There is no automatic right to appeal, and it is usually the defence who appeal against an unduly sentence. The Attorney General, however, may also appeal against too lenient a sentence. The appeals to the COA here are limited so only those worth consideration end up there. Once there, the COA can vary the sentence but not increase it, and they will only re-sentence where the original is found to be 'wrong in principal' or 'manifestly excessive'. If the case is of public importance, it can go to the Supreme Court.

The factors for sentencing: there are two different bits covered by OCR law on factors influencing sentences, and I'm not sure which one you need so I'll do both.
There are certain factors when judges are considering how to sentence someone: the type of crime, the seriousness of the crime, the circumstances of the crime and the minimum/maximum sentence allowed by statute.
Factors influencing sentences are either aggravating or mitigating, which could make the sentence worse (aggravating) or better (mitigating), and these are:
The seriousness of the crime - here they look at finding out who was to blame, if the harm was intentional or foreseeable, if the offender has any previous convictions (if so, what was the time lapse between the previous one and current one?) and if they are on bail.
Guilty pleas - judges look to see at which stage of the trial, if at all, the offender pleaded guilty and accordingly reduce the sentence. If a guilty plea is made at the earliest opportunity in the trial, the sentence could be reduced by 1/3.
Whether the offence was racially or religiously motivated and if it related to disability or sexual orientation - if the offence was racially or religiously motivated or on the grounds of someone's sexual orientation or disability, then this is an aggravating factor and will result in an increased sentence.
Other aggravating factors include: use of weapon/s, whether the offence was planned or sustained, if there was any use of biting, kicking, head-butting or strangulation. Other mitigating factors: whether the offence was provoked, if there was only a single push/blow.

Hope that helps, let me know how you get on :smile:

Reply 44

Loyale

Everdeen, im not confident for tomorrow, and im thinking theyll ask stuff on the EU and maybe be have a six marker on police powers and individual rights...

Reply 45

Everdeen16

Hey Loyale!

Ready for Wednesday?

(edited 8 years ago)

Reply 46

Loyale

Nope, I wanna cry....Unit 2 has sooo much content in it....plus i dont even know what will come up 6 /9 mark wise. They always seem to base it on human rights but my friend thinks it might be based on problems of using civil courts