Magistrates and Jurys

Question 1

What is the composition of a bench in Magistrates’ Courts?

Answer 1

1 Chairperson and 2 wingers

Magistrates sit in benches of three.

Question 2

What are Magistrates also known as?

Answer 2

Justices of the peace

This is an alternative title for Magistrates.

Question 3

How many lay Magistrates are there approximately in the country?

Answer 3

17,500

Each works at least 26 half days per year.

Question 4

What is the maximum custodial sentence a Magistrate can impose?

Answer 4

6 months

They can also impose unlimited fines.

Question 5

What must employers do regarding Magistrates’ work commitments?

Answer 5

Give them time off work

Employers do not have to pay them for this time off.

Question 6

What is one of the roles of Magistrates in criminal cases?

Answer 6

Hear bail applications

They also grant police powers and hear trials.

Question 7

What qualifications are required to become a Magistrate?

Answer 7

Aged 18–74, good character, able to work at least 13 full days or 26 half days per year

No legal training is required.

Question 8

What can preclude someone from becoming a Magistrate?

Answer 8

Found guilty of a serious crime, banned from driving in the past 5 to 10 years, declared bankrupt

Conflict of interest roles are also excluded.

Question 9

Who interviews and selects Magistrates?

Answer 9

Local Advisory Committees (LACs)

Successful candidates are appointed by the Lord/Lady Chief Justice.

Question 10

What is the role of juries in criminal trials?

Answer 10

Decide whether a defendant is guilty or not guilty

Juries are tasked with hearing evidence and making a decision.

Question 11

How many members are there in a Crown Court jury?

Answer 11

12

They are selected at random from the public.

Question 12

What is a directed acquittal?

Answer 12

When the judge directs the jury to find a defendant not guilty

This occurs if there is insufficient evidence.

Question 13

What is required for a jury to reach a verdict?

Answer 13

Unanimous or majority decision

A majority verdict can be accepted after at least 2 hours of deliberation.

Question 14

What is the standard of proof that jurors must apply?

Answer 14

Beyond reasonable doubt

This ensures a high threshold for conviction.

Question 15

What happens if a juror discloses information from the jury room?

Answer 15

It is a criminal offence

Disclosure is allowed only if in the interests of justice.

Question 16

What are the basic qualifications to serve on a jury under the Juries Act 1974?

Answer 16

Aged 18-75, registered to vote, resident in the UK for at least 5 years

There are disqualifications for certain criminal convictions.

Question 17

What is the fine for non-disclosure of jury room discussions?

Answer 17

£5,000

This is to maintain the confidentiality of jury deliberations.

Question 18

What is the process for jury selection?

Answer 18

Random selection from the electoral register, summons sent out

150 summons are sent per fortnight.

Question 19

What is a challenge for cause?

Answer 19

A valid reason to remove a particular juror

Both prosecution and defense can raise this challenge.

Question 20

What is the significance of Bushell’s Case (1670)?

Answer 20

Established that the jury is the sole arbiter of fact

Judges cannot challenge jury decisions.

Question 21

What does the jury do during deliberation?

Answer 21

Consider the facts presented and reach a decision

Deliberation is conducted in secret.

Question 22

What role do juries play in the criminal justice system?

Answer 22

Juries are fundamental to the criminal justice system, hearing approximately 30,000 cases a year

Juries increase public confidence in the criminal justice system.

Question 23

Why are juries considered a symbol of democracy?

Answer 23

Being judged by peers increases public confidence in the criminal justice system

Jurors may empathize with defendants better than professional judges.

Question 24

What is the main advantage of jurors being selected from a random cross-section of society?

Answer 24

It is more likely that individual prejudices will be cancelled out

This randomness helps ensure a fairer trial.

Question 25

How long do jurors typically serve in a trial?

Answer 25

Jurors usually sit for two weeks

This limits their exposure to prosecution bias compared to judges.

Question 26

What is required for a jury to convict an offender?

Answer 26

Jurors must be sure ‘beyond all reasonable doubt’

This high standard protects defendants from wrongful convictions.

Question 27

What is the requirement for a jury’s verdict?

Answer 27

Jurors must try to reach a unanimous verdict; a majority verdict of at least 10/12 can be accepted if necessary

This allows for flexibility while maintaining a standard of consensus.

Question 28

What is one argument for using juries in criminal cases?

Answer 28

Juries apply ‘jury equity’ to their decisions, often leading to a high percentage of not guilty verdicts for defendants who plead not guilty

Jury equity refers to the discretion jurors have to deliver justice based on their sense of fairness.

Question 29

What is a disadvantage of juries making their decisions in private?

Answer 29

Lack of transparency may lead to concerns about the fairness of the decision-making process

Public scrutiny is limited when deliberations are not open.

Question 30

What is the judge’s role in relation to the jury?

Answer 30

The judge explains the law to the jury and answers any questions they have

This ensures jurors understand legal standards and responsibilities.

Question 31

Why are juries intended to be representative of the area they live in?

Answer 31

To reflect the community’s values and perspectives in the justice process

This representation helps ensure that verdicts are grounded in community standards.

Question 32

What limitations exist on challenging jury selection?

Answer 32

The prosecution and defense have limited ways to challenge jury selection

This can affect the perceived fairness of the jury.

Question 33

What is the penalty for failing to attend jury service?

Answer 33

Failure to attend jury service is punishable by a £1000 fine

This emphasizes the importance of jury duty in the legal system.

Question 34

What are some restrictions on who can become a juror?

Answer 34

There are various restrictions, including age and criminal record

These restrictions are in place to ensure juror impartiality and suitability.