lay personnell

Question 1

role of magistrates

Answer 1

hear applications for bail

hear trials for less serious offences

sentence summary/triable either way offences

consider arrest/arrest and search warrants for the police

some issues in civil cases such as child maintences

Question 2

how many magistrates in England and Wales

Answer 2

approx. 300

Question 3

how do magistrates get paid

Answer 3

magistrates are not paid. they receive allowance for things such as tribal.

Question 4

what is the criteria for magistrates

Answer 4

.must be under 65
.live w/in 15 miles of the court they work at
.devote half a day a week to the task.
.no need for legal knowledge/experience.

some judges can also sit in magistrates court

Question 5

exclusions to being a magistrate

Answer 5

name two

police officers, traffic wardens, those with criminal convictions, members of the armed forces, undischarged bankrupts, those with a close relative already on the same bench

Question 6

when should a magistrate retire

Answer 6

70

Question 7

what does the Criminal Justice Act 2003 say about magistrates

Answer 7

Lord Chancellor can remove magistrate if they fail to meet the standards of competence or neglect their functions as a magistrate.

Question 8

do magistrates need knowledge on legal issues

Answer 8

No need for previous knowledge.

they will be given some training at the judicial court to familiarise them with court procedure.

they get an intduction course on appointment and have to do CPD every 3 years.

they will be advised by justices clerk (legally qualified) on legal issues.

Question 9

advantages of a magistrate

Answer 9

cheaper than a judge as theyre not paid.

local knowledge. good because if they know something is an issue in the area - they can deal with it better.
^ this can also be seen as a disadvantage as it can be seen as a postcode lottery if you’re going to be sentenced or not.

Question 10

Disadvantages of Magistrates

Answer 10

. inconsistent about decision making - postcode lottery.

.bias towards the police - police become regular faces, grow to trust

.a lot of magistrates are middle class and middle aged. this is bc they are usually the only ones who can afford to give half a working day a week.

Question 11

suggested reform for magistrates.

Answer 11

replace with professional judges
^ unlikely to be done, as we are stretched for judges anyways. also would increase prices.

Provide more detailed guidelines, regularly updated, better training and more supervision to improve consistency

Question 12

role of the jury

Answer 12

Work in criminal cases.
Decide if a defendant is Guilty or Not Guilty.
only weigh up evidence in court !! nothing outside of court.

Question 13

what happens if jury considers evidence outside of court.

Answer 13

can be held liable for contempt of court - 8 months imprisonment.

R v Fraill and Stewart 2011.

Question 14

what if there is not a unanimous verdict between a jury?

Answer 14

Juries Act 1974 - S17. Juries do not need to be unanimous.

10/12 must agree OR 9/10 must agree.

this is called majority verdict

Question 15

evaluate the use of majority verdict in juries

Answer 15

A: prevents one jury with extreme views from preventing justice.

D: dilutes the idea of guilty ‘beyond reasonable doubt’

Question 16

describe the jury selection process before 1974.

Answer 16

B4 Juries Act 1974

only people who owned property over a certain value eligible for jury service.
^ 95% of women did not qualify
78% of people did not qualify

Morris Committee 1966 - those with a right to vote could become a jury member.

Juries Act 1974 - excluded judges, barriers, prison officers etc. as well as those with ill mental health.

Question 17

who is disqualified from jury service

Answer 17

those who sentenced to imprisonment.
^ over 5 years = life disqualification
^ sentenced to less than 5 years = disqualification 10 years.

listed in Criminal Justice Act 2003

Question 18

who is excused from jury service

Answer 18

Under the Juries Act 1974 various categories of people were excluded as of right (eg. doctors, dentists, nurses, vets, MPS etc)

Now under the Criminal Justice Act 2003: categories are limited to any person who has served on the jury in the last two years and members of the Armed Forces
^ Can also be excused or deferred at discretion of the Jury Summoning Bureau if “good reason”

Question 19

summoning of jury members

Answer 19

randomly selected from the electoral role.

service is compulsory. refusal = contempt of court.

the jury to sit a case is chosen at random.

Question 20

process of jury vetting

Answer 20

two stage process.

1) police check for previous convictions
2) further investigation by security services

^ R v Mason 1981.

Question 21

advantages of a jury system

Answer 21

promotes democracy.

D is sentenced by members of their own society.

Question 22

disadvantages of jury system

Answer 22

lack of competence - R v Young 1995 when a ouija board decided a case.

can cause members of the public distress.

jury can become bias to attractive defendants, or harsh on those who ‘fit the part’

Question 23

suggested reform of the jury system.

Answer 23

remove jury from serious fraud cases where it is complex and hard for lay personnel to understand.

abolish juries altogether
^ happens in some cases as it is where there has been jury nobbling.