Magistrates and Juries (A01)

Question 1

what are the 4 areas of competence of a magistrate

Answer 1

•Managing Yourself
•Working as a member of a team
•Making judicial decisions
•Managing judicial decisions 
(only for chairman of bench

Question 2

what are the 6 key qualities of a magistrate

Answer 2

• Good character
• Maturity and sound temperament
• Social awareness
• Understanding and communication
• Sound judgement
• Commitment and reliability

Question 3

What are the 3 types of Preliminary hearing?

Answer 3

• Early administrative hearing (mode of trial + plead before venue)
• Bail applications
• Remand hearings (second application of bail)

Question 4

What are the role of magistrates? (7)

Answer 4

• 94% of criminal cases (6% preliminary)
• Deciding guilt
• Sentencing
• Preliminary hearings
• Youth court
• Appeals
• Administrative hearings

Question 5

key facts of magistrates

Answer 5

• 17.5k in magistrates court
• bench of 2-3
• summary and triable either way offences
• 94% of criminal cases
• maximum sentencing of 6months for one offence and 12 months for 2

Question 6

What are the role of juries? (8)

Answer 6

• in crown court where defendant has pleaded guilty
• 2% of all criminal trials
• 30,000 cases a year
• 12 jurors
• based on fact not law
• unanimous verdict 10:2
• don’t have to give reason
• judge can give direct aqquital if not enough evidence

Question 7

Why would someone be disqualified for 10 years from jury service?

Answer 7

• served a prison sentence

* suspended sentence or community order

Question 8

Why would someone be disqualified for life from jury duty?

Answer 8

• life imprisonment
• in prison for public protection
• a sentence over 5 years
• any extended sentence

Question 9

What is the selection of juries?

Answer 9

• Selected at random from electoral register
• 15 chosen but 12 are randomly chosen by clerks panels
• chosen every 2 weeks
• summons sent out electronically

Question 10

How many magistrates are there in UK?

Answer 10

17.5k

Question 11

What is a direct Aquittal and why might a judge order one?

Answer 11

Where judge states the jury must decide not guilty as there is not enough evidence to convict

Question 12

How many cases do jury’s try and what percentage is that?

Answer 12

30,000, 2% of cases

Question 13

What type of cases do magistrates try?

Answer 13

Summary and some triable-either-way cases

Question 14

What type of case do juries try and where and why

Answer 14

Indictable offences, in criminal court where a defendant has pleaded guilty

Question 15

What is the maximum sentencing of a magistrate?

Answer 15

6 months for one crime and 12 months for 2

Question 16

Where does a magistrate apply to become one

Answer 16

Either from an advertisement or directly to the LAC

Question 17

What does LAC stand for and what do they do

Answer 17

LOCAL ADVISORY COMMITEE they select and interview potential magistrates to suggest to lord chancellor

Question 18

Who fully appoints new magistrates?

Answer 18

Lord chancellor or senior presiding judge for England and Wales

Question 19

How many interview stages are there and what are they

Answer 19

3: application

Interview and appointment

Question 20

What happens in the interview stage of magistrates selection?

Answer 20

• Asses for 6 key qualities

* given 2 case studies to assess social awareness and aptitude