The English Legal System Flashcards
What are the 2 different courts?
Magistrates’ and Crown Court
What are the 3 different classifications of offences?
- Summary Offences
- Triable Either Way
- Indictable Offences
What are Summary Offences?
The least serious crimes that are only tried in the Magistrates’ Court
What are some examples of summary offences?
Driving offences and minor assaults
What are triable either way offences?
Middle range crimes that can be tried in either the Magistrates’ or the Crown Court depending in the defendant’s decision
What are some examples of triable either way offences?
Theft, ABH, Bigamy and Obtaining property by deception
What are Indictable offences?
The most serious crimes that can only be tried at the Crown Court by a judge
What are some examples of indictable offences?
Murder, Manslaughter, Rape, Robbery
What are the functions of the Magistrates’ Court?
- To try summary and triable either way offences
- Initial hearings of triable either way offences
- Preliminary hearings for indictable offences
- Issue warrants
- Youth court hearings aged 10-17 inclusive
- Civil jurisdiction
- Consider bail and legal aid applications
What are District Judges?
Legally qualified magistrates who sit alone but have the same powers as a bench of lay magistrates
What are lay magistrates?
Unqualified citizens of the local areas who are unpaid except for expenses. They are required to sit as a bench of 3 magistrates at least 26 half days (13 days) a year
What is the criteria to be a magistrate?
- Don’t need any legal qualifications
- Must be within 18-75 years old
- Must live or work within the local justice area
What are the 6 key qualities a magistrate should have?
- Good character
- Understanding and Communication
- Social awareness
- Maturity and Sound Temperament
- Sound judgement
6.Commitment and Reliability
Who is excluded from magistrate appointment?
- Someone whose work is incompatible
- Some disabilities (Deaf)
- People with criminal convictions
- Un-discharged bankrupts
- Relatives of those working in the local criminal justice system
Under what act and by who are magistrates appointed by?
By the Lord Chief Justice on the advice of Local Advisory Committees under the Justices of the Peace Act 1997
What is the 2 stage interview process for magistrates?
- Panel finds out about personal attributes and discusses various criminal justice issues
- Two case studies involving sentencing and trial exercises to test judicial aptitude
What do many feel magistrates are?
Middle class, middle-aged and middle-minded
What are the percentages of women, ethnic minorities and handicapped people that are magistrates?
53% Women
11% Ethnic Minorities
4% Handicapped
What does a clerk do in the magistrates’ court?
- Advise on POL’s, practice and procedure
- Doesn’t assist in the decision making
- Advise on potential sentencing options
- Admin roles
Do clerks have to be legally qualified?
Yes, they are normally qualified solicitors or barristers
What are the advantages of magistrates?
- Involves members of the community providing a wide cross section
- Cheap
- Local knowledge
- Improved training and a clerk means it’s not as amateur as it used to be
- Cases dealt with quickly
- Few successful appeals
- Public confidence
What are the disadvantages of magistrates?
- Unrepresentative of society
- Inadequate compensation for loss of earnings which deters applicants
- Inadequate training
- Prosecution minded - harsher than judges
- Rely too heavily on the clerk
- Inconsistency in sentencing and bail grants
- Too wide and heavy workload for amateurs
How many people make up a jury?
12 people
Where do jurors sit?
The crown court
Do jurors receive money for jury service?
Yes, but only expenses
What 2 acts govern jury selection?
The Juries Act 1974 S.1
The Criminal Justice Act 2003
What are the 3 criteria for jurors?
- Aged 18-75
- On the electoral register
- Resident in the UK for at least 5 years after 13th birthday
What organisation is in charge of jury selection?
The Jury Central Summoning Bureau
What are the 3 situations where someone is permanently disqualified from jury service?
- If they have served a custodial sentence of 5 years or more
- Imprisoned for public protection
- Imprisoned for life