The Criminal Justice system

Question 1

Types of offences

Answer 1

1. Summary (less serious): tried in Mags. Max. sentence 6mths and/or £5,000 fine
2. Triable Either Way (hybrid): Guilty plea- Mags. decides whether to hear case. Guilty plea- defendant decides whether Mags. or Crown
3. Indictable (more serious): preliminary hearing in Mags. (case is begun) Case transferred to Crown

Question 2

Jurisdiction of Magistrates Court

Answer 2

• Cases tried by Lay Magistrate (3)
• Tries all Summary cases- 97% of all crim. Cases. 90% defendants plead guilty
• Max sentence- £5,000 and/or 6mths

Question 3

Jurisdiction of Crown Court

Answer 3

• Hears all indictable offences and more serious either-way offences (Magistrate (or District Judge) declines jurisdiction or defendant chooses CC)
• Judge sits with 12 jurors- jury decides guilt/innocence. Judge sentences
• Hears appeals from Magistrates

Question 4

Jurisdiction of Court of Appeal

Answer 4

• Only hears appeals from Crown Court against conviction e.g R v George or sentence e.g. R v Herbert)

Question 5

Jurisdiction of House of Lords

Answer 5

• Law Lords (Supreme Court Justices) sit usually in fives

* Only points of law of public interest can be considered e.g R v R

Question 6

Appeals by prosecution

Answer 6

• Case stated appeals
• Attorney General can appeal against an “unduly lenient sentence” E.G R v Yates (Rhys Jones)
• Referral on a point of law = If prosecution believe judge has explained the law incorrectly to the jury.
• Attorney General can get the Court of Appeal to quash the defendant’s acquittal from the Crown Court and order a re-trial if there is new evidence and it is in the interests of justice to do so or if there is a chance of jury nobbling
• Against a judges ruling = can appeal if judge has ruled on a point of law which has stopped the case.

Question 7

Juries Selection

Answer 7

• Responsibility of the Central Jury Summoning Bureau (CJSB)
• Chosen from the Electoral register
• At random by a computer
• Those who are not registered to vote and those who are homeless will not have the chance to be jurors.
• Jurors are usually are asked to commit to two weeks of service.

Question 8

Juries Eligibility

Answer 8

• The Juries Act 1974 section 1
• You must be between 18 – 70 years old
• Must have been a UK resident for at least five years

Question 9

Juries Ineligibile

Answer 9

• Criminal Justice Act 2003
• A mentally disordered person
• Including a mental illness, psychopathic disorder, mental handicap, resident of an institution or hospital or attending a medical practitioner for treatment.

Question 10

Juries that are disqualified

Answer 10

• A person may also be disqualified if:
• They are currently on bail
• Under a court martial
• Disqualified for life: They have been sentenced to a custodial term of five years or more at any time in their life
• Disqualified for ten years: If they have been subject to a custodial term a suspended sentence or a specified community sentence

Question 11

Challenging Jurors

Answer 11

• Once a panel of jurors has been assembled either party may wish to challenge a juror.
• The prosecution can challenge a juror. The process asks the juror to “stand by for the crown” the juror will be put at the bottom of the list and will only be used if there is no one else. No reason needed.
• The Defence can only “challenge for cause” e.g. the juror is disqualified or knows someone in the case.

Question 12

Jury Vetting

Answer 12

• Jury vetting – jurors are checked to ensure they are appropriate.
• Two types
1. Police checks –
To ensure they are not disqualified
2. Wider background checks – Only allowed in exceptional circumstances e.g in terrorist cases. Attorney General must give permission for this.

Question 13

Valid Excuses

Answer 13

• S9 Juries Act 1974
• Jury service can be deferred for reasons such as religious holidays and exams.
• If the juror lacks the capacity to cope with the trial e.g. Poor english/disability
• Fine for non-attendance £1000
• The Criminal Justice Act 2003
stopped the excuse of profession. For example – Lawyers, Judges, MPs, priests and soldiers

Question 14

Role of a Jury

Answer 14

A jury of 12 hear indictable or triable either way offences at Crown Court
Listen to evidence and decide on the facts from the fiction
Can ask questions by giving a note to the court usher who will pass it on to the judge
Listen to the direction given by the judge. Direction includes legal explanations and the standard of proof required (beyond reasonable doubt)
Retire to jury room for a secret (open and honest) discussion. Contempt of Court Act 1981
Elect a foreman to control the room and announce verdict.
Reach a verdict. Unanimous initially but after 2 hours can be a majority of at least 10-2 if judge so wishes.
If the jury can only reach a 9-3 majority or less then this will be a hung jury and a retrial will be needed with a new jury.
Jury must be beyond a reasonable doubt and they are the sole decision makers e.g Bushell’s case. Judge was told that the jury make the decision and the judge cannot interfere.

Question 15

Advantages of a jury in terms of Public confidence

Answer 15

• Civil duty/ citizenship
• Reflect values and views
• Judged by peers
• Public confidence
• Survey by law society – 80% of those asked would trust a jury more than a judge/magistrates

Question 16

Disadvantages of a jury in terms of Perverse decisions

Answer 16

• No legal training
• No level of education needed
• Ponting’s Case – Civil servant charged under Official Secrets Act for telling MP about the sinking of the General Belgrano in the Faulklands War.
• R v Owen

Question 17

Advantages of a jury in terms of Layman’s equity

Answer 17

Can make their decision based on fairness.
R v Owen 1992
Owen murdered Mr Taylor who had killed D’s son. Owen was cleared of all charges by the jury.

Question 18

Disadvantages of a Jury Nobbling

Answer 18

• Threats or bribery to sway the jury
• E.G. Brinks- Mat trial 1984
Police protection was required to and from court

Question 19

Advantages of a jury in terms of Secercy

Answer 19

• Jury free from pressure when in the jury room e.g. Bushell’s Case
• Open discussion
• Can make decisions of conscience as they do not have to justify their actions.
• NB Is this always good?
R v Young – Ouija board

Question 20

Disadvantages of a jury in terms Secrecy

Answer 20

• How do they make the decisions? R v Young and R v Collins and Rollock (Ouija board and tossed coin)
• Will not know about any prejudice E.G. Sander v UK
Mr Sander took UK to European Court of Human Rights because at his trial a juror had told the court usher that two jurors were going to find My Sander guilty just because he was Asian.

Question 21

Magistrates Roles in terms of Sitting

Answer 21

In court as a group of three, with chair person
Certain pre-trial procedures may be decided by a single magistrate if non-controversial
Legal and procedural advice from Justices’ Clerk
- usually Solicitor or Barrister with >5 yrs advocacy
- not involved with debate, decision making or sentencing

Question 22

Magistrates criminal jurisdiction in terms of primary activity

Answer 22

• applications for bail
• committal proceedings (decision on where trial is heard)
• summary trials and sentencing
• attendance at appeals in Crown Court
• investigation of crimes (search warrants, arrest warrants)

Question 23

What Magistrates roles has increased recently to include more serious crimes?

Answer 23

• motoring offences involving aggravated vehicle taking
• assaulting a police officer
• criminal damage

Question 24

Magistrates role Pre-trial

Answer 24

• Applications for bail or remand
• Issue warrants
• Issue summons
• Extend time police can hold a suspect
• Legal aid application
• Refer offences to Crown Court for trial

Question 25

Magistrates During Trial

Answer 25

• Listen to evidence
• Legal advice from court clerk
• Reach verdict
• Family and youth court

Question 26

Magistrates Post Trial

Answer 26

• Sentence the defendant if found guilty

* Can hear appeals against sentence or conviction in the Crown Court with a qualified Judge

Question 27

Magistrates Qualifications

Answer 27

Aged 18 to 60, though rare to select at < 27.
Good character
Commitment and reliability - able to devote half a day a week
Social awareness
Sound temperament
Understanding and communication
Local – 15 miles from court
(No legal knowledge required)

Question 28

Magistrates Selection

Answer 28

• Apply via directgov website or by post
• Advisory Committee creates a shortlist and checks references
• Interviews are arranged. The interview panel consists of two magistrates and one other.
• There will be two interviews.
1. Will examine character
2. Will include trial and sentence exercises
• Reviewed by the committee to ensure a balanced bench e.g. Age, gender, ethnic background and occupation
• The committee submits its recommendations to the Lord Chancellor
• The Lord Chancellor makes the appointment

Question 29

Magistrates Training

Answer 29

Organised by the judicial studies board
What training?
Magistrates new Training Initiative MNTI 2
1. Initial introductory training: organisation of bench and court and understanding roles of magistrates’ personnel
2. Core training
3. Activities : Observations and prison visits
• Then become “Wingers”
• In first two years 8-11 sessions will be mentored
• Must also attend 7 trainings session
• After two years they will have an appraisal
Additional training
• Youth Court
• Family Court
• Chairperson of the bench
• Changes in the law

Question 30

Magistrates retirement and removal

Answer 30

• Magistrates have to retire at age 70
• Magistrates can be removed by the Lord Chancellor under the Courts Act 2003 On three grounds:
1. Incapacity or misbehaviour
2. Failure to meet standards of competence
3. Neglecting to participate in role as a magistrate

Question 31

Advantages of having a magistrates

Answer 31

Cross-section of society
3 on the bench and lay people so should ensure range of views. Also bench is balanced including occupation (no more than 15% in each of the 11 categories)
50% female 50% male compared to 12% female judges
More Magistrates from ethnic minorities than judges (7% compared to 2%)
Cost
Magistrates’ Court is cheaper than using the Crown Court. This is beneficial for defendant and public
£1500 per trial, £500 with a guilty plea
Crown Court: £13,500, £2500 with guilty plea
To replace with judges would cost £100m per annum
Few appeals
Magistrates’ decisions are less likely to be appealed against suggesting that they are making the correct decisions. Administering the law correctly and in turn saving time and money.
Total workload of nearly 2 million cases a year, only between 5-6000 appeals against conviction and same number against sentence- less ½ successful
Very few case stated appeals-
2008: only 72 such appeals

Question 32

Disadvantages of having a magistrates

Answer 32

Middle aged, class and minded
Magistrates are usually from similar backgrounds and are likely to be of a similar age. This means they are not representative and have little in common with D.
40% are retired
Majority from a professional background (but from wider range of backgrounds than professional judges)
Inconsistency
Magistrates are inconsistent when sentencing defendants which is problematic as not all defendants are be treated equally which is not fair.
Inconsistency across country- 2001 stats:
eg. 21% of Ds in Neath Port Talbot were jailed for driving while disqualified whereas 77% in mid-North Essex; 3.5% Ds in Reading were jailed for stolen goods, 48% S London
Over-reliance on court clerk/legal adviser
Some magistrates can rely on the clerk to make the decision as they are legally trained.
R v Eccles Justices ex parte Farrelly : D’s conviction was quashed as clerk helped make decision.