criminal courts and lay people

Question 1

What are the 7 roles of magistrates

Answer 1

1. Number of cases heard
2. Decide guilt
3. Sentencing
4. Preliminary Hearings
5. Youth Court
6. Appeals
7. Administrative hearings

Question 2

How many magistrates are sat in the 156 Magistrates’ Courts in England and wales

Answer 2

12,000

Question 3

Number of cases heard: Magistrates try ___% of all criminal cases and the other __% at a preliminary level as ________ offences will be transferred to the ____ _____.

Answer 3

94%
6%
indictable
Court Crown

Question 4

Decide guilt: Magistrates hear trials for _____ and the majority of _______ ____ ____ offences. During the trial their role is to decide whether the D is ______ or ____ ____ and then pass ______

Answer 4

summary
triable either way
guilty
not guilty
verdict

Question 5

Sentencing: At the end of the trial ( or if the D pleads guilty ) the magistrates will have the role of _______ _______. Alternatively, if they believe they do not have enough _____ powers they will send the offender up to the _____ _____ for a higher ______

Answer 5

passing sentence
sentencing
crown court
sentence

Question 6

What is the maximum custodial sentence a magistrate can give?

Answer 6

6 months - 1 year

Question 7

What are the three types of preliminary hearings:

Answer 7

• Early Administrative hearing (all offences)
• Bail application ( all offences0
• Remand hearings

Question 8

What are early administrative hearings

Answer 8

Handle non-guilty pleas. In cases where the D. is charged with a triable either way offence, magistrates hearing the case under ‘initial procedure’ will decide which court is appropriate

Question 9

What are bail applications?

Answer 9

Decide whether D. should be allowed to wait for the trial outside of prison

Question 10

What are remand hearings?

Answer 10

When bail is refused, D. can apply to the magistrates again for them to decide whether D should be released from prison

Question 11

Youth Court: Some magistrates are specially ____ to be able to deal with ____ ______ between age ___ - ____ years. They will sit in the Youth Court to hear these cases and the ______ must usually include at least one ____ and one ____.

Answer 11

trained
youth offenders
10-17
panel
man
woman

Question 12

Appeals: Magistrates also sit in the ____ court to hear appeals from the ____ court. In these cases ____ magistrates form a panel with a _______ ____. They hear all the evidence again and pass verdict and sentence if required

Answer 12

crown
magistrates
2
qualified judge

Question 13

What age must lay magistrates be between?

Answer 13

18-70 years

Question 14

Where must magistrates live and work?

Answer 14

in the local justice area

Question 15

Do lay magistrates need any legal qualifications

Answer 15

no

Question 16

What are the 6 key qualities magistrates must demonstrate

Answer 16

1. Good Character
2. Understanding and Communication
3. Social Awareness
4. Maturity and sound temperament
5. Sound Judgement
6. Commitment and Reliability

Question 17

what two judicial qualities must magistrates have

Answer 17

• must be able to assimilate factual information and make a reasoned decision
• they must be able to work as a team

Question 18

How many half days must magistrates be able to work

Answer 18

26 per year

Question 19

what are the 4 restrictions of magistrates?

Answer 19

• those with serious convictions
• people who are bankrupt
• Those who work in the forces (police)
• Close relatives cannot be appointed on the same bench

Question 20

What are the 3 stages of selection and appointment of magistrates?

Answer 20

1. Local Advisory Committees (LAC)
2. The interview
3. Appointment

Question 21

LAC: a person can apply directly for the position of magistrates or they can apply following ________ in the press. The application is made to the (_____). The LAC will try to ensure there is a ______-______ of society, to change the view that magistrates are ‘_______ ____, _____-_____, _____ ______’. The LAC are advertising for _____ and _____ ______.

Answer 21

advertisements
LAC
cross section
middle-class, middle aged, middle minded
women
ethnic minorities

Question 22

Who is in the LAC?

Answer 22

Ex-Magistrates, Current Magistrates, Non-Magistrates

Question 23

Stage 2: What happens during the first interview?

Answer 23

The first interview is where the panel tries to find out more about the candidates personal attributes, in particular looking at the six key qualities

Question 24

Stage 2: what is the second interview aimed at

Answer 24

testing the candidates potential judicial aptitude. This is done by a discussion of at least 2 case studies eg discussion on the sentencing of a specific case

Question 25

stage 3: appointment
The LAC submit the names of those they think are suitable to the _____ _______ _____.
The successful applicants will then be sworn in at the ____ _____ and may continue to sit until they are ____ years old.
Lay Magistrates are expected to sit for a minimum of ____ full days or __ half days.

Answer 25

Lord Chief Justice
Crown Court
70
13
26

Question 26

The Role of juries: The jury is only used at the _____ ____ for cases where the _______ pleads ____ ____. Jury trials are only used for about __% of all criminal trials which is fewer than _______ cases a year

Answer 26

Crown court
defendant
not guilty
2
30,000

Question 27

The role of juries: how many jurors will sit in the Crown Court (usually for around 2 weeks)

Answer 27

12

Question 28

The role of juries: What type of trials will juries hear

Answer 28

trials on indictment

Question 29

The role of juries: they listen to _____ and the judges ______ __.

Answer 29

evidence
summing up

Question 30

The role of juries: it is their ________ to make decisions based on questions of ___, not ___. The judge is there to advise them on the law as they have no ____ _______.

Answer 30

responsibility
fact
law
legal qualifications

Question 31

The role of juries: the judge can give a ______ ______ at the end of the __________ _____ which is where he directs the jury to _____ the D. as the _______ is not strong enough

Answer 31

directed acquittal
prosecution case
acquit
evidence

Question 32

The role of juries: do juries give a reason for their decision

Answer 32

no

Question 33

The role of juries: what will the jury decide about the D.

Answer 33

whether the D. is guilty or not guilty

Question 34

The role of juries: What does the Criminal Courts and Justice Act 2015 make it a criminal offence to do?

Answer 34

makes it a criminal offence to intentionally disclose or ask anything about what happened in the jury room except for when it’s in the interest of justice (e.g. reporting juror misconduct)

Question 35

The role of juries: what type of verdict should the jurors come too

Answer 35

unanimous verdict

Question 36

The role of juries: If, after at least 2 hours, the jury has not reached a verdict, what can the judge direct the jury to do

Answer 36

reach a majority verdict (10:2/11:1)

Question 37

The role of juries: when was juries reaching a majority verdict introduced and why?

Answer 37

introduced in 1967 to minimise the threat of jury ‘nobbling’ and due to concerns that acquittal rates were too high in the Crown court.

Question 38

The role of juries: what does s.17(3) of the Juries Act 1974 state?

Answer 38

It states that the foreman must announce the numbers both agreeing and disagreeing with the verdict in open court to make sure there is a legal minority. About 20% of convictions are by majority verdict each year.