English Legal System Flashcards
Magistrates Court
- Summary Offences / Triable Either way
- £5000 / 6 months imprisonment
- Hold trial to decide verdict
- Issue warrants
- Youth court proceedings
- Indictable offences > crown court
District Judges
Qualified + Paid
Sit alone
Same powers as bench of lay magistrates
Lay Magistrates
Not legally qualified
Unpaid
Power: send to another court for sentencing
Sit as a bench of 3
Listen to all evidence and decide verdict
Appointment Of Magistrates
Don’t need law qualifications
18 - 75 years old
Live / Work within local area
Justices Of Peace Act 1997 - appointed by Lord Chief Justice
Lord Chancellor 6 key qualities for magistrates
1: Good character
2: Understanding & Communication
3: Social awareness
4: Maturity and sound temperament
5: Sound judgement
6: Commitment & Reliability
Magistrate Interview Process
1st Interview: 6 key qualities, attitudes on criminal justice issue
2nd Interview: 2 case studies + sentencing/trial exercises
Composition of Bench (Magistrates)
Middle class, middle aged, middle minded
3% under age of 40
Women make up to 53%
The Clerk
Advises magistrates on POL
Not assist in decision making
Qualified
Administrative role
Advantages - Magistrates
- Involves members of community
- Cost (cheap)
- Local knowledge
- Quicker
Disadvantages - Magistrates
- Unrepresentative of society (middle class)
- Training is inadequate
- Prosecution minded (80% conviction rate)
Work Of Jury
- Sit in crown court
- Called for 2 weeks
- 500,000 jurors summoned per year
- Listen to evidence, weight it up
- Decide on facts of case
- Take notes, can’t take home
- Jury goes to private room to discuss (secret)
- Unanimous Verdict
Jury Selection
Juries Act 1974:
18-75
Electoral register
Resident in UK for 5 years
20 Chosen randomly from computer
Jury disqualification
Served sentence of 5+ years
Imprisoned for life
10 years:
Community order / On bail
- People with mental disorder
Jury Vetting
1: Routine Check (not disqualified)
2: Exceptional cases: in-depth vetting (security records)
Jury Challenges
1: Challenge for cause (failed vetting/disqualified)
2: Stand by for the crown
3: Challenge the array (if not randomly selected)
Advantages - Juries
- Public confidence (tradition)
- Jury fairness (not bound by law)
- Involves members of the public
- Secrecy of Jury room (own decisions)
Disadvantages - Juries
- High acquittal rates (60% plead not guilty acquitted)
- Media influence
- Lack of understanding
- Biased (racial)
1: Retribution
eye for an eye
given tariffs
2: Deduction
clear message about what society will/won’t tolerate
3: Rehabilitation
Reform offender
Help re integrate into society
4: Protection of the public
Prevent offender causing further harm
Through punishment
5: Reparation
Compensation for victim
community service, money back
6: Denunciation
Express society’s disapproval of criminal behaviour
R v Webster
Increased minimum term 6 > 8 years
for horrid nature of offences
