Paper 1.4 - Magistrates and Juries

Question 1

What is a magistrate?

Answer 1

An unpaid and unqualified judge, who sits in a bench of 3 in Magistrates’ court.

Question 2

What classification of offence do magistrates hear?

Answer 2

All summary, some triable either way.

Question 3

What are the main jobs of a magistrate hearing a case? (2)

Answer 3

Run court proceedings.
Decide guilt & sentence.

Question 4

TRUE OR FALSE: Other roles magistrates have include listening to bail applications, sitting in youth court and issuing arrest and search warrants.

Answer 4

True.

Question 5

What are the age requirements to become a magistrate?

Answer 5

18 - 74 years old (until 75).

Question 6

What ages do magistrates tend to be?

Answer 6

Middle-aged / older, due to unpaid nature.

Question 7

What are the 6 key qualities a magistrate should have?

Answer 7

Good character
Understand & communication
Social awareness
Sound temperament
Sound judgement
Commitment and reliability.
(GUCSSS)

Question 8

How many times a year do magistrates need to serve?

Answer 8

26 half days a year.

Question 9

What four characteristics can prevent people from becoming a magistrate?

Answer 9

Serious criminal conviction
Undischarged bankruptcy
Poor health
Job affects duty (eg police)

Question 10

TRUE OR FALSE: Due to the diverse range of advertising efforts, the bench of Magistrates is extremely well-represented.

Answer 10

FALSE: although ethnic and gender groups are similar in terms of proportion, age and social class remains a big divide for the bench.

Question 11

What does the LAC stand for?

Answer 11

Local Advisory Committee.

Question 12

Who appoints magistrates?

Answer 12

Senior Presiding Judge, based on recommendations form the Local Advisory Committee.

Question 13

When a potential magistrate meets the initial criteria, the Local Advisory Committee will give you a first interview. What is its purpose?

Answer 13

Judge whether you have the six qualities as well as get your opinion in speeding, youth crime and drugs.

Question 14

Once a magistrate applicant has passed the first interview, they face a second interview. What is its purpose and what happens if they pass?

Answer 14

Tests judicial skills with sentencing activities. If passed, the LAC recommends the candidate to the Senior Presiding Judge.

Question 15

What is the role of a magistrates’ clerk?

Answer 15

A clerk is a solicitor or barrister that helps the magistrates traverse and understand the law. They do not assist in deciding the verdict.

Question 16

What is a jury?

Answer 16

A jury is a group of twelve people selected randomly by the electoral register employed in criminal Crown Court cases to reach a verdict on the defendant’s guilt.

Question 17

Initially, what vote count from the jury is required for the verdict to pass?

Answer 17

Unanimous / 12:0.

Question 18

If a jury cannot reach a unanimous verdict, what is the minimum vote count a judge will accept?

Answer 18

10:2.

Question 19

What happens in the event that the jury cannot reach the minimum vote count for a verdict?

Answer 19

The jury is declared hung and a retrial takes place.

Question 20

In the event that a juror is unable to continue (eg illness), what is the new minimum vote count for a jury?

Answer 20

10:1.

Question 21

TRUE OR FALSE: Only 12 people are allowed in the jury room at a time.

Answer 21

FALSE: Under the Police Crime Sentencing & Courts Act 2022, a BSL interpreter may be allowed in if one of the jurors is deaf.

Question 22

Apart from Crown court, what other court are juries allowed to sit in?

Answer 22

Coroner’s court.

Question 23

What Acts set out what traits a juror must have? (2)

Answer 23

Criminal Justice and Courts Act 2015
Juries Act 1974.

Question 24

What are the age requirements for a juror?

Answer 24

18-75 years old.

Question 25

What is a discretionary excusal, in terms of jury service?

Answer 25

If jury duty clashes with a holiday, medical appointment or exams, it can be deferred. The juror must then specify when they can sit in the next year.

Question 26

What length prison sentence disqualifies you from becoming a juror?

Answer 26

5 years and up.

Question 27

What sentencing aim convicts are disqualified from jury service? (Deterrence, Punishment, Public Protection, Reform, Reparation)

Answer 27

Public Protection.

Question 28

What three punishments leads to a 10 year jury service ban?

Answer 28

Custodial sentence Suspended sentence Community order.

Question 29

How many jurors may be called upon for a jury?

Answer 29

Up to 150 (depending on court size).

Question 30

What are the two types of checks done on all jurors?

Answer 30

Police check - ensure the candidate is not disqualified Wider background check - checks political stance.

Question 31

Why are wider background checks done on jurors?

Answer 31

To ensure they have no ties to anyone in the case.

Question 32

How many jurors will be in court before the announcement cutting their numbers to 12?

Answer 32

15.

Question 33

What section of what Act gives the defence and prosecution the right to challenge a juror's selection after they are sworn in?

Answer 33

s5 of Juries Act 1974.

Question 34

What are the three challenges that can be made to jury members who have been sworn in?

Answer 34

To the array For cause Right to stand by (pros. only).

Question 35

What is a 'to the array' challenge?

Answer 35

It is when the prosecution or defence challenges the selection of the jury due to it being unrepresentative. (EG in 1993, a jury at the Old Bailey consisted of 9 people who lived on the same street).

Question 36

What is a 'for cause' challenge?

Answer 36

It is when the prosecution or defence challenges an individual juror because they violate the selection guidelines (eg knowing a member of the case).

Question 37

What is the prosecution's right to stand by?

Answer 37

The prosecution has the right to remove unsuitable jurors eg illiterate / mentally challenged. The defence must agree to their proposal.

Question 38

What is a perverse verdict?

Answer 38

When the jury thinks a D is guilty / not guilty but votes opposingly because they believe he deserves that verdict.

Question 39

In the case of Kronlid, d vandalises a plane headed to attack the people of East Timor. What happened next?

Answer 39

The jury acquitted them because they had the power of perverse verdicts.

Question 40

The jury room is sworn to secrecy after a judge's summary of the case. Why can this be a bad thing?

Answer 40

We don't know if the jurors are deciding the verdict in a fair manner.

Question 41

In the case of Young, the Court of Appeal quashed D's conviction after the jury did what?

Answer 41

Used a Oujia board to contact the victims.

Question 42

In the case of Karayaka, a retrial was ordered after a juror did what?

Answer 42

Searched the internet for results relating to the case.

Question 43

Name four advantages of juries.

Answer 43

EG D is tried by peers Jury room is private (away from political pressure) Biases are cancelled by volume Selection process is diverse.

Question 44

Name four disadvantages to juries.

Answer 44

EG Perverse verdicts might be too much power Jury room secrecy means they may not understand evidence Subject to long delays, even retrials Media influence (eg Lucy Letby)