Lay People Flashcards
What are the Magistrates also known as?
Justices of the Peace
What qualifications do you need to become a Magistrate?
- Don’t need any academic qualifications.
6 Key Qualities to their character as set out by Lord Chancellor in 1998:
- good character, confidence and trust
- understanding and communication
- social awareness- ethnic and cultural
- maturity and sound temperament
- sound judgement- think logically
- commitment and reliability.
What are the Judicial Qualities needed to be a Magistrate?
- make decisions on given info
- take account of the reasoning of others
- work as a team
What disqualifies you from becoming a Magistrate?
- Those with serious convictions- e..g. rape, attempted murder
- Those with minor offences (e.g. driving offences) may still be able to become a Magistrate.
How are Magistrates selected and appointed?
- adverts placed in local newspapers/ gov website
- first interview with Local Authority Committee (LAC)
- second interview with examples of cases
- background checks- for conflicts on interest
- LAC makes recommendation to Lord Chief Justice, can appoint
- new magistrates meet new colleagues and begin training.
What is the composition of the bench like today?
Can be seen as well balanced because:
- 53% are women- higher than anywhere else in Judiciary
- 11% are from ethnic minorities
- 4% of Magistrates have some sort of disability, seen or invisible.
What are the Magistrates involved with, when dealing with Criminal Law?
- bail applications (don’t have to pay in UK)
- remand hearings (let out on bail then commit another crime)
- transfer cases to the Crown Court
What are the Magistrates involved with, when dealing with Civil Law?
- 3% of work done is civil
- some sit in family courts and decide on a range of matters- specifically trained
- enforcement of financial penalties and orders, e.g. non-payment of Council Tax
Explain the training to become a Magistrate?
- Supervised by Magisterial Committee of Judicial College
- Training carried out locally, usually by Clerk of Court
- 2 years, Magistrate will be monitored
- Appraisal carried out to check they’ve achieved their competences needed
- If competences not met, referral may be made yo have Magistrate removed from bench by Lord Chancellor.
Who can sit as a Magistrates Clerk and what is its job?
To sit as a Clerk, have to have been a Barrister or Solicitor for 5 years prior.
- Assist magistrates on law
- Help manage proceedings in court
- Ensure court conducts its business in accordance with the relevant rules.
What sets out the current qualifications to sit in the jury and what does it consist of?
Juries Act 1974:
- aged between 18-75 (inclusive)
- on electoral register
- Resided in UK, Channel Islands or Isle of Man for at least 5 years since 13th birthday.
What permanently bans you from sitting in the jury?
If you have ever been sentenced to:
- imprisonment, detention or custody for life
- a term of imprisonment or detention for at least 5 years.
What disqualifies you from sitting in the jury for 10 years?
- been in prison for any period of time within the last 10 years
- has suspended sentence passed at any time in the last 10 years
- had a community order or other community sentences within the last 10 years.
What disqualifies you from sitting in the jury if you are a mentally disordered person?
Mentally disordered person is defined within the Criminal Justice Act 2003 as:
- someone who has/does suffer from mental illness and been a resident in a hospital or regularly attends treatment
- under Guardianship Section 7 of the Mental Health Act 1973
- been determined by a judge to be incapable of administering their affairs.
How are jurors selected by the court?
- Attend court and sign in
- Placed away from everyone
- 15 jurors assigned to each court room
- Trial ready in court- 15 go to Court Room and Court Clerk selecrs jurors at random down to 12
- Facts read out
- Must be decided if jurors are suitable to hear case
- Jurors sworn in
- 3 go back to waiting room
- Trial begins
How and Why can the defendant/prosecutor challenge the jury?
- To the array- S5 Juries Act- gives right to challenge whole jury on basis that it has been chosen in an unrepresentative way
- For Cause- Challenge individual juror, valid point to why the shouldn’t sit, e.g. relations
- Prosecution Rights To Stand By Jurors- ‘Standing By’ - Jurors put to end of list, only used if necessary, jurors not aware of this, no reason given.
What is the job role of the Jury?
- Used when a defendant pleaded not guilty and trial is required- only for either-way or indictable offences
- Jury listen to direction of judge on points of law, info by Barristers and evidence of witness’ and defendant
- Jury must deliberate in private to try reach a verdict
- Jury may have to look at evidence, e.g. CCTV, photos
- Discussions must stay confidential
What are Majority Verdicts?
- Judge can call back Jury and offer a majority verdict
- Can be 11:1 or 10:2 - guilty or not guilty
- Introduced because of the fear of ‘nobbling’
- Foreman of Jury then again gives verdict with number
What does Section 8 Contempt of Court Act 1981 state?
Makes disclosure of anything that happened in Jury Room a criminal offence, as defendant is entitled to a fair trial.
What are the advantages of Jurors?
- Jury equity- decide cases on their idea of ‘fairness’. Not legal experts, do not give reasons for verdict.
- Secrecy of room- jury free from pressure in its own discussion, protected from outside influences when deciding on verdict/
- Impartiality- jurors have different prejudices so should cancel out each others’ biases. No individual person responsible for decision.
What are the disadvantages of Jurors?
- Racial bias- may be prejudcies that can affect verdict, e.g. in case of Sander v UK (2000)
- Media Influence- may influence jurors- especially in high profile cases, seen in R v Taylor Taylor (1995)
- Fraud Trials- can be complex accounts, confuse jurors. Cases often very long, jurors away from work for months.
What comparisons can be made between Juries and Lay Magistrates?
- Local Knowledge- jurors chosen from local area. Magistrates unlikely to live in area- little local knowledge
- Costs- Magistrates, unpaid. Jurors, add to length of case, increases costs.
- Training- Magistrates have training, not complete amateurs. Jurors have no training, may struggle to understand case.
What are alternatives to Jury Trials?
- Trial by a single judge- produces a fairer more predictable result in civil cases.
- Panel of judges- allows for a balance of views. However, there isn’t sufficient judges.
