Lay people

Question 1

What are Magistrates?

Answer 1

Magistrates are unpaid volunteer judges, They deal with over over 95% of criminal cases and they work in a bench of three (one being a clerk)

Question 2

Role of Magistrates

Answer 2

Their role is to listen to the evidence and decide, based on findings of fact, whether defendant is innocent or guilty.

Hear less serious cases
Commit serious cases to crown court
Do bail applications and Fine enforcements
Permit search warrants

Question 3

Qualifications needed to become a Magistrate

Answer 3

No formal qualifications required
MUST BE 18-65yrs (Retire at 70)
MUST serve for 5 years
MUST BE Available for 13 days or 26 half - days per year.

Question 4

What can prevent someone from becoming a Magistrate?

Answer 4

• If they are guilty of a serious crime or minor offence
• If they have been declared bankrupt or banned from driving in the last 5-10 years
• If have conflict of interest (police officers)

Question 5

Six key Qualities to become a Magistrate

Answer 5

• Good character
• Understanding + Communication
• Social awareness
• Maturity
• Sound judgement
• Commitment + Reliability
  Must take an oath of Allegiance and disclose all criminal convictions + Civil orders

Question 6

How does selection of magistrates work?

Answer 6

Ad in local paper
Apply in home or work area
Fill in application
1st interview with Local Advisory Committee
2nd interview - Background checks
View of LAC sent to Lord Chancellor and SoS for Justice
APPOINTED

Question 7

Advantages of Magistrates

Answer 7

• In expensive, They are cheap as they are unpaid
• They also represent the population in terms of gender and ethnicity (representative)
• Their local knowledge, time is saved by not having to explain the location of crime
  In PAUL V DPP CASE - Magistrates knew the area so knew that kerb crawling was a real problem there.

Question 8

Disadvantages of Magistrates

Answer 8

• Are unrepresentative in terms of AGE 55% of magistrates in 2018 were 60 and over and only 1% came from the 18-29 age bracket
• Most come from a professional background, so again not representative or wider population
• Inconsistent in their sentencing, and this does not seem to improve despite the amount of training they are given.

Question 9

Saying by Lord Devlin

Answer 9

Trial by Jury is more than an instrument of justice and more than one wheel of constitution

Question 10

Qualifications to become a Juror

Answer 10

• Must be 18 - 65yr old
• Must be registered on the electrical register
• Must be resident of UK for 5 years from age 13

Question 11

What makes someone not eligible to become a juror

Answer 11

If someone has a mental disorder

Question 12

What makes someone DISQUALIFED for serving as a juror?

Answer 12

• If person is on bail
• Served 5 or more years in prison
• Been in prison for public protection

Question 13

What TEMPORARILY prevents someone from serving as a juror?

Answer 13

CANNOT SERVER FOR 10 YEARS AFTER SERVERING:
- Have a suspended sentence
- Have a community order
- Served any time in prison

Question 14

When is a defered (delayed) severing allowed?

Juries

Answer 14

Must be for good reason:
- Exams
- Operations
- Pre - booked Holidays
HOWEVER, They will have to carry out their jury service in the next 12 months

Question 15

When can someone be excused from serving in a jury?

Answer 15

Person can be excused if they have severed in the previous two years, works in armed forces or is a member of parliament.

Question 16

Selection + Appointment - Juries

Answer 16

• Selected at random
• Summoned
• Identity confirmed
• 15 Chosen at random - attend Jury pool
• 12 Selected randomly
• Sworn in
  Have to do police checks - Vetting
  And an authorised jury check

Question 17

Why is it important that a Jury is randomly selected?

Answer 17

Because a jury must be independent and impartial

Question 18

Challenge for cause - Juries

Answer 18

Challenge for cause is where an individual juror is challenged for a cause or a reason. (e.g. they are recognised by one of the parties in the case)

Question 19

Challenge to array - Juries

Answer 19

Challenge to array is rare
- Such a challenge would be made if the whole Jury is considered to be unrepresentative

Question 20

What is the role of Juries?

Answer 20

Juries should listen to the evidence and submissions from the barristers.
They should listen to the judges summing up and decide the facts of the case.
They should apply the law, as explained to them by the Judge to the facts.

After this they retire to the jury room where they have a secret discussion in order to come to their verdict. (Based on the facts)

Question 21

Advantages of a Jury

Answer 21

Allows public participation in the justice system
- Increases public confidence in the system

Jurors can decide cases according to their own consciences rather than the letter of the law
- Important as it allows the Jury to reject prosecutions they see as unjustified or politically motivated

Question 22

Disadvantages of a Jury

Answer 22

Juries do not have to give reasons for their decisions. Although this speeds up trial process, it means individual jurors could give their verdict on a whim rather than according to the law.
- There is no way of finding out about this unless a juror complains (R v Young)

Juries can sometimes arrive at perverse verdicts, this can be argued to damage public confidence in the jury system
- There are concerns that jurors may lack the ability to do an effective job.

Question 23

Alternatives to Juries

Answer 23

A single Judge or a panel of judges:
+ Quicker, perverse verdicts are less likely
- Remove public participation
Professional Jurors:
+ “
- “

Question 24

What is a Perverse Verdict?

Answer 24

A verdict of a jury that is entirely against the weight of evidence or contrary to the judges direction on a question of law.

Question 25

To stand by - Juries

Answer 25

Prosecution ask for juror to put to the bottom of the list