Criminal Courts And Lay People Flashcards
Summary offence
Minor crimes such as careless driving
Can only be tried at the magistrates court
Indictable offence
Serious crimes such as murder
Can only be tried at the crown court
Either way offence
Middle range offences which can vary in the degree of harm caused such as theft
May be tried at either court
Role of lay magistrates: magistrates try all summary offences and decide…
If D is guilty or not guilty, after hearing the evidence and applying the relevant law
Role of lay magistrates: they decide what the…
Sentence should be where D pleads guilty or is found guilty
What is the maximum sentence for a single criminal offence committed by an adult
6 months imprisonment (12 months for two) and/or an unlimited fine
Role of lay magistrates: they deal with…
The first hearing of all indictable offences then transfer those cases to the crown court
Role of lay magistrates: they can issue…
An arrest warrant and/or issue a search warrant to the police
Role of lay magistrates: they can extend the…
Period of detention of a suspect at a police station
Role of lay magistrates: they decide whether D should be granted…
Bail or remanded in custody between court appearances
Role of lay magistrates: specially trained magistrates sit in…
The youth court to hear criminal charges against those aged 10-17 years old
Role of lay magistrates: sit in crown court with a judge where…
A case is on appeal from the magistrates court against conviction and/or sentence
Role of lay magistrates: deal with the procedure of either way offences…
Either way offences can be tried either before magistrates in magistrates court or before judge and jury in crown courts. Under the plea before venue and allocation procedure D is asked whether s/he pleads guilty or not guilty to the offence
What happens if D pleads guilty under plea before venue and allocation?
The magistrates must decide whether their sentencing powers are sufficient to sentence D or if the case should be committed to the crown court for sentence1`
what happens if D pleads not guilty under the plea before venue and allocation
magistrates must work out the most appropriate court to allocate the case for trial- hear arguments from prosecution and defence with any relevant previous convictions
should be tried in MC unless its likely that sentencing powers will be insufficient
if case isn’t suitable for trial by MC they’ll commit it to CC
if magistrates are prepared to hear case- d given a choice of trial court- likely sentence indication given to help decide
if the trial for an either way offence is in MC what will happen
adjournment and a decision on bail will be made
on day of trial 3 magistrates will hear evidence and decide on guilt or innocence- must be unanimous/by majority
sentence up to max sentencing powers or commit case to CC for sentence
what age must candidates be to become a magistrate
16-65 on appointment
how many times must magistrates commit to sitting in court per year
26 minimum
6 key qualities that magistrates should have
- good character
- understanding and communication
- social awareness
- maturity and sound temperament
- sound judgement
- commitment and reliability
which types of people are excluded from becoming magistrates
- anyone whos work is considered incompatible with duties of magistrate eg police
- serious criminal convictions
- undischarged bankrupts
first stage in the selection of magistrates
local advisory commitees advertise for individuals in local community to put themselves forward
aim to create bench that’s representative of all aspects of society
second stage in selection of magistrates
two interviews by local advisory committees
first: assess attitudes and key qualities of candidate
second: pratcial with sentencing exercises
third stage in selection of magistrates
following interview process, local advisory committee will recommend suitable people to lord chief justice or their delegate
fourth stage in appointment of magistrates
lord chief justice or delegate will appoint from lost of recommended candidates sent by local advisory committees
aim to have balance of gender, ethnicity and occupations
fifth stage in appointment of magistrates
background checks are carried out prior to formal appointment
sixth stage in appointment of magistrates
oath of allegiance must be sworn at swearing in ceremony
problems with make up of magistrates bench today
still a feeling that magistrates are ‘middle class, middle aged and middle minded’ despite efforts
vast majority of them come from professional/managerial backgrounds
few young magistrates- most middle aged or older
‘middle minded’- mostly conservative supporters
less representative of society ITO ethnicity- 8.7% compared to 14% population
gender balanced- 52% female- much higher than in professional judiciary
who is much of magistrates training delivered by
magistrates clerks
which initiative is used to train magistrates
magistrates new training initiative MNTI 2
initial training
before sitting in court a new magistrate will undergo introductory training on the basics of the role. after this she/he will sit in court with 2 other experienced magistrates
mentoring
each new magistrate has a specially trained magistrate mentor to guide them through their first months
core training
over the first year, further training, visits to prisons/young offenders institutions and/or observations of other magistrates take place to equip magistrates with the key knowledge they need
consolidation training
at the end of the first year, consolidation training builds on the learning from sittings and core training
designed to help magistrates plan for their ongoing development and prepare for their first appraisal
first appraisal
about 12-18 months after appointment, when both mentor and magistrate agree she/he is ready, the new magistrate is appraised. when successful, the magistrate is regarded as fully competent
when do magistrates continue training and being appraised
they continue to do so whilst they work
which type of magistrate is specific training required for
those who sit in the youth court/ who are appointed as chairmen of the bench
advantage of magistrates related to public confidence
public confidence in trial by ordinary people
better able to understand their lives that judges and lawyers from middle and upper middle class backgrounds
advantage of magistrates related to diversity
wider cross section of society than would be possible in judge only trials
especially women- 52%- much higher than professional judiciary
advantage of magistrates related to competency
legal adviser able to sit in court with magistrates to give necessary legally advice on points of law
improved training- magistrates not complete amateurs
decisions require common sense rather than legal qualifications anyway
advantage of magistrates related to locaility
idea of MC supposed to allow local people to deal with crime affecting their own community
may have knowledge of local patterns of crime that may affect their sentencing
disadvantage of magistrates related to public confidence
argued that magistrates don’t have real knowledge of the problems in poorer areas
most come fro professional/managerial backgrounds and will live in better areas
disadvantage of magistrates related to diversity
criticised for being middle class and middle aged
only 15% under age of 50
mostly from professional/managerial background and financially well off
less representative of ethnicity-8/7% compared to 14% population
disadvantage of magistrates related to competency
often pass very different sentences in different areas for what appear to be similar offences
neither training nor presence of legal adviser prevent this
eg 2001- Cardiff 38% Leicester 66% convicted for burglary
disadvantage of magistrates related to locality
gov have closed so many mCs to save money that magistrates and defendants sometimes have long journeys to nearest court
local connection has been broken
what do juries try
indictable offences and either way offences heard in crown court
what do panel of 12 jurors listen to after they’ve been selected and sworn in
- arguments and evidence presented by prosecution and defence
- cross examination of witnesses by defence and prosecution to try and show that evidence isn’t reliable
- closing speeches of prosecution and defence
- judge summing up evidence and directions on relevant law
what will the jury retire to the jury room to do
have a secret discussion
decide what facts of case are
apply law to those facts to decide on guilt/innocence
what must the verdict of the jurors be
unanimous at first
if not possible, majority may be reaches
full jury of 12: 10-2/11-1
below 12- only one juror can disagree with verdict
9- must be unanimous
cant go below 9
how do the jury announce their verdict
there will be a public announcement of their verdict by the foreman in open court
no reasons for the verdict have to be given
what will happen if d is found guilty by the jury
the judge will then decide the sentence
under what act are the basic qualifications for jury service set out
juries act 1974
when is a person eligible for jury service
- 18-70 y/o on day they start jury service
- on electoral register
- have lived in UK for at least 5 years since they were 13 years old
when is a person disqualified for jury service
- on bail
- recent/serious convictions
- mentally disordered
when can a person be excused or deferred from jury service
for ‘good reason’
eg armed forces, exams
not allowed to sit on cases where they know victim, D or any witnesses
when may a judge discharge a juror
for lack of capacity to cope with the trial eg. bad english
how are people selected for jury service
at random to avoid bias
first stage to selecting a jury
-those who qualify selected by computer at random at jury central summoning bureau
crown court official will use info to randomly summon enough jurors from locality to cover anticipated trials in forthcoming weeks
those summonsed must notify court if theres any reason they cant attend- others must attend for 2 weeks
second stage to selecting a jury
once in jury waiting room in CC, 15 people are chosen at random and sent to courtroom
third stage to selecting a jury
12 jurors selected at random by clerk from pool of 15 for the case
those 12 sworn in
what do prosecution and defence have right to once the list of potential jurors is known
to see the list
what may be decided in some cases that the potential jurors should be
vetted
what are the two types of vetting
- routine police checks made to eliminate those disqualified
- wider check on jurors background and political views- only occurs in cases involving national security or terrorism
what rights to prosecution and defence have before jury is sworn in
to challenge one or more of the jurors so that they do not sit on the jury
when can a whole jury be challenged
on the basis that it has been chosen in an unrepresentative/biased way
what is whole jury challenge known as
a challenge to the array
when can an individual juror be challenged
for a particular reason
a challenge for cause
what does the prosecution have a right to do in addition to challenging jury
to stand by individual jurors so that they will not be used unless there aren’t enough other jurors
advantage of jurors related to public confidence
d tried by his/her peers
public confidence as people see people like themselves in legal system
makes it more open and justice seen to be done
disadvantage of jurors related to public confidence
public confidence doesn’t mean theyre the best way to decide cases
no intelligence test
Vicky price case: judge dismissed jury for not understanding what it should be doing following a series of stupid questions
advantage of juries related to fairness
have right to acquit
can decide cases on idea of fairness rather than strictly applying law
jury equity
prevents state randomly punishing citizens
which case supports jury equity
PONTINGS CASE: jury acquitted him even though he had no defence in law
disadvantage of juries relating to fairness
right to acquit can lead to perverse verdict where jury acquits in face of all evidence
randle and pottle: jury acquitted ds even though they had a written a book about their crime
advantage of juries related to jury secrecy
free from pressure due to secrecy of whats said in jury room
also means newspapers cannot offer to pay jurors for their version of what happened in jury room
what is the disadvantage of jury secrecy
no way of knowing if jury listened to evidence/made their decision using unacceptable methods
case relating to disadvantage of jury secrecy
r v young: jury convicted D by using Ouija board in hotel room to contact murder victims- would’ve never been found out if it happened in jury room
advantage of juries related to clarity of law
points have to be explained to jury enabling D to understand case more easily
disadvantage of juries related to clarity of law
constant explanation to jury may slow cases down
juries have to be removed when issues of law are discussed with judge- wasting more time and make cases more expensive
