Lay People

Question 1

Under what act are magistrates appointed?

Answer 1

Crime and Courts Act 2013

Question 2

Where are the qualifications for magistrates laid out?

Answer 2

Courts Act 2003

Question 3

What are the qualifications for magistrates?

Answer 3

Aged between 18-65, live or work near the court, be devoted to a minimum of 26 half days per year

Question 4

What are the disqualifications for magistrates?

Answer 4

Police officers, traffic wardens and those with previous convictions

Question 5

What are the six key qualities the Lord Chancellor introduced in 1998?

Answer 5

Good character, understanding/communication, social awareness, maturity/sound temperament, sound judgement and commitment

Question 6

How does a person apply to become a magistrate?

Answer 6

They download an application and if eligible the Local Advisory Committee invites them for an interview

Question 7

What is the first interview for?

Answer 7

To see if they have the six qualities and to explore the candidates view on current criminal justice

Question 8

What is the second interview for?

Answer 8

Looks at sentencing and trial exercises to test judgement and aptitude, done by discussion of two cases typically looked at by magistrates

Question 9

Who supervises the training of magistrates?

Answer 9

Magistrates Committee of the Judicial Studies Board- Bench Training and Development Committees deliver training

Question 10

What is the Magistrates New Training Initiative?

Answer 10

Provides a competence, training and appraisal framework

Question 11

What are the four competencies of training?

Answer 11

Managing yourself, working as a team member, making judicial decisions and for Chairmen, managing judicial decisions

Question 12

What are the three parts of the training syllabus?

Answer 12

Initial introductory training, core training and activities (e.g. prison visits)

Question 13

What is required/expected of a trainee?

Answer 13

To keep a Personal Development Log and shadow their mentor in court cases, expected to attend 7 training sessions

Question 14

How are magistrates appointed?

Answer 14

Reviewed by Local Advisory Committee to create a balanced bench, recommendations are sent to Lord Chief Justice who delegates appointment power to the senior presiding judge, new magistrates must swear an Oath of Allegiance

Question 15

What is the maximum sentence they can impose?

Answer 15

6 months for one, 12 months for two or more charges

Question 16

What is a legal adviser?

Answer 16

Give advice to magistrates on matters of law and procedure, but have no say in the final decision

Question 17

What act makes magistrates responsible for bail?

Answer 17

Bail Act 1976, allows them to hear applications for bail and attach conditions to it

Question 18

What else do magistrates deal with?

Answer 18

Warrants and extensions, specially trained magistrates deal with young offenders in Youth Courts

Question 19

What are the qualifications for jurors and where are they found?

Answer 19

Come from Criminal Justice Act 2003: aged 18-75, on the electoral register, resident of UK, Channel Islands or Isle of Man for 5 years since the age of 13

Question 20

What are the disqualifications for a juror?

Answer 20

Being on bail for an offence, having a criminal conviction (5 years or more= permanent, suspended/community/imprisonment in past 10 years= 10 year disqualification), mental health issues

Question 21

How long does an excusal last and who can apply for it?

Answer 21

12 months, those who have completed service in the past 2 years, full time armed services members, those over 65, MPs, MEPs and medical professionals

Question 22

What is a deferral and what are some possible reasons for it being granted?

Answer 22

A person will sit on a jury at a later date in the next 12 months, anyone can apply but must give a valid reason and another date then can sit. Reasons include exams, operations and work commitments

Question 23

How are jurors selected?

Answer 23

Jury Central Summoning Bureau, 25 random people receive a ‘jury summons’ through the post and go to court. 15 are then randomly selected and then 12 are sworn in and become the jury

Question 24

What is Stand by for the Crown?

Answer 24

Where the prosecution asked for a juror to be removed, no reason has to be given

Question 25

What is Challenge for the Cause?

Answer 25

Defence and prosecution can challenge the right for an individual to sit with a valid reason (e.g. R v Wilson & Sprason)

Question 26

What is Challenge for the Array?

Answer 26

Both parties can challenge the whole jury panel due to it being chosen in a bias or unrepresentative way (e.g. R v Fraser)

Question 27

In what percentage of criminal cases are juries used?

Answer 27

Approximately 1 percent

Question 28

What kind of decision must a jury come to?

Answer 28

Unanimous, if not possible a majority of 11-1 or 10-2 will be accepted under the Criminal Justice Act 1967

Question 29

What decisions do the jury make?

Answer 29

Decide if defendant is guilty or not and can do so according to their conscience, cannot be punished for going against the law (Bushell’s case, 1670)

Question 30

What is meant by a ‘directed acquittal’?

Answer 30

The judge will tell a jury they must find the defendant not guilty because the prosecution has failed to produce enough evidence to make the D guilty ‘beyond all reasonable doubt’