Lay People

Question 1

Magistrates Qualifications

Answer 1

<span>No special qualifications needed however<em> 6 formal requirements</em>:</span>

1. aged 18-65 on appointment
2. british, irish or commonwealth citizen
3. in good health
4. live close to/in area of court
5. have satisfactory hearing
6. able to sit for 26 half days a year

&<em> six key qualities</em> (as outlined by <b>Lord Chancellor</b>):

1. good character
2. understanding & communication
3. social awareness
4. maturity & sound temperament
5. sound judgement
6. commitment & reliability</span>

Question 2

Magistrates Selection & Appointment

Answer 2

<span><b>Selection</b></span>

• Vacancies advertised on radio; newspapers: applicants complete application form
• Interview with Local Advisory Committee (LAC); if successful second interview involving case studies

<b>Appointment</b>
-LAC compiles short list & hands it to Lord Chief Justice who delegates to Senior Presiding Judge to officially appoint on behalf of Queen
- Magistrates appointed to particular court to reflect local community
<span> - representation of area in terms of age, gender & ethnicity</span></span>

Question 3

Magistrates Composition

Answer 3

<span>Traditionally older white men</span>

53% now women, more than any other branch of judiciary - 22% high court & above judges are women, 32% district judges are women

ethnic minorities better represented than the professional judiciary - 11% compared to professional judge’s 5%

advertising in recent years includes targeting key groups less well-represented

disabled people also encouraged - 45% of lay magistrates have a disability

<b>Prospective</b>
- magistrates must take oath of allegiance; and disclose all criminal convictions & civil orders<em> i.e divorce</em></span>

Question 4

Magistrates Role in Criminal Cases

Answer 4

<span>- sit as a bench of three incl. one experienced
- all criminal cases begin in Magistrates Court, with 97% of all criminal cases fully dealt with there</span>

• magistrates hear all summary offences, some triable either way
• hear/see evidence, decide on guilt & pass sentence
• assisted by legal advisor who is legally qualified & advises on points of law, procedure & sentencing
• can also grant/refuse bail, transfer cases to crown court
• specially trained magistrates work in Youth Court
• may be asked to issue police warrant for search/arrest; approve further detention at police station (max. 96 hours)</span>

Question 5

Juries Qualifications

Answer 5

<span style="font-size:medium;">Found in <u>Juries Act 1974</u> & <u>Criminal Justice Act 2003
</u>
<b>Qualifications</b>
- aged 18-70
- registered on electoral register
- resident in UK for 5+ years (since age 13)
<b>Disqualifications</b>
- 5+ year prison sentence
- extended sentence
- life imprisonment sentence
- on bail 
- mental health/disorders
<b>10-year disqualifications</b>
- following suspended sentence
- following community order
- following any time in prison (up to 5 years)

<b>Deferral</b>
apply to deter jury service up to 12 months; must be good reason as can only defer once <em>i.e exams, operation, pre-booked holiday</em>

<b>Excused</b>
person does not need to do jury service if cannot manage the trial <em>i.e insufficient english, disability, deaf</em></span>

Question 6

Juries Selection & Appointment

Answer 6

<span>selected at random by Jury Central Summoning Bureau
15 people selected from assembly room; 12 chosen from group
once selected must swear oath to make fair decision</span>

Challenged by prosecution or defence for:

1. <u>Challenge for cause</u> - individual juror challenged for cause/reason i.e connected to case <u><b>(Wilson & Sprason)</b></u>
2. <u>Challenge to the array</u> - whole jury unrepresentative <u><b>(Romford)</b></u>
3. <u>Prosecution right to stand by</u> - one juror put to back so as not to be picked</span>

Question 7

Role of Juries in Criminal Cases

Answer 7

<span>
- work in crown court as panel of 12 in not guilty pleas; role is to decide facts of case based on evidence
- jury listen to judges summary before discussing case privately
- should aim for unanimous verdict but after 2 hours majority of 11:1 or 10:2 accepted
<span> - <u>Contempt of Court Act 1981</u>: anything discussed cannot be disclosed; not allowed phones/compters to ensure secrecy and must not research case or base decision not on evidence</span>
- <u><b>CJA 2003</b></u> states where evidence of jury tampering, trial may be heard by judge alone <u>(R v Twomey)</u>
- <u><b>CJA 2003</b></u> allows professions of police, lawyers, judges & clergy to serve as jurors as long as no conflict of interest; fairness of police has been questioned <u>(R v Green, R v Williams)</u></span>

Question 8

Role of Juries in Civil Cases

Answer 8

<span>- rarely judges sit as panel of 8 to sit on civil matter in cases of <em>fraud, defamation, false imprisonment, malicious prosecution</em>
- may be required to sit in Coroners court to consider unexplained death cases
- rules for juries in civil cases are contained in:</span>
<span> - <b>Senior Courts Act 1981</b> (high courts)
- <b>County Courts Act 1984</b> (county courts)
- <b>Coroners & Justice Act 2009</b> (coroner inquests)</span>

Question 9

Advantages of Jury System

Answer 9

<span>Introduces element of democracy into trial process by public participation</span>

Jury trial guaranteed since <u>Magna Carta</u> which promotes public confidence in the administration of justice, thus <em>upholding rule of law</em>

Trial by jury ensures defendants tried by peers rather than judges from professional backgrounds who may not understand problems defendants face

Protects civil liberties - <b>Lord Devlin</b> described it as <em>‘the lamp that shows that freedom lives’</em></span>
<span> - juries do not have to strictly apply law if they think it would lead to an unfair outcome (Ponting’s Case)
- ensures trial process is not under complete control of legal professionals; thus helping to demystify & democratise process</span>

Question 10

Disadvantages of Jury System

Answer 10

<span><em>Not truly representative of general population</em> as electoral roll is inaccurate; does not include those not registered to vote
<span> - One of the main arguments for jury trial, that it represents trial by one’s peers not entirely accurate as <em>does not represent views of those not registered</em> to vote
- More difficult to obtain excusal from jury service following <u>CJA 2003,</u> so a wider range of those on electoral roll now have to serve</span></span>

Juries may struggle to <em>understand legal evidence & legal issues</em> in more complex cases - i.e complex fraud trials such as <u>R v Mills</u>
<span> - Also in more routine cases such as <u>R v Pryce</u> where jury discharged as did not understand essence of their role in a perjury trial
- So justice is not done in such cases which are often <em>very expensive</em>
</span>
<b>Lord Hodge</b> (SC) suggested that specialist tribunals may be more appropriate in cases involving complex financial crimes (2018)
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