Unit 1 - Criminal Courts & Lay People Flashcards
Classification of offences
Summary:
- Start at Magistrates
- Motor offences e.g. speeding, drunk driving
Triable either-way:
- Magistrates or Crown
- ABH, serious criminal damage
- May chose Crown court for jury sympathy
Indictable:
- Crown
- Murder, manslaughter, rape
Reasons to appeal a criminal verdict
- Against sentence
- Against conviction
- Against acquittal
- Errors in judgement on issues of public importance (on a point of law)
Appeal route from Magistrates
Magistrates get a chance to rectify their own errors. If further appealed by the defence, -> Crown court where the case is completely reheard, no leave to appeal. If D pleaded not-guilty, appeal against sentence/conviction, guilty = only against sentence. Defence appeals again/the prosecution appeals after FI, it goes to the High Court. Here, the case is summarised and the defence appeals against conviction/the prosecution against acquittal. Appeals on a point of law go to the Supreme Court, which requires leave to appeal.
Appeal routes from Crown
CRA - reviews cases on behalf of D’s family (Bentley)
From FI, can go to the High Court, where defence appeals against conviction and the prosecution against acquittal. The case is heard by way of case stated. Or, it goes to the CoA criminal division, where the defence can appeal against conviction or sentence and the prosecution can only appeal if the jury were influenced. Up to the supreme court for issues on a point of law, requires leave to appeal.
General Magistrate stuff
Are lay people - not qualified. Over 12,000 in over 160 courts. Sit on a bench of 3, single magistrates can only perform pretrial procedures such as bail & warrants. 95% of cases dealt with by Magistrates. Justices of the Peace Act 1979 s16(3) allows District judges to sit alone with the same powers as a bench of 3 magistrates
Selection process for Magistrates
18-70 years old - s7(2) of the Justices of the Peace Act 1997. Live/work locally.
6 key qualities:
- Of good character
- Good understanding and communication
- Social awareness
- Maturity and sound temperament
- Sound judgement
- Committed and reliable
Disqualification for Magistrates
- Serious criminal convictions
- Undischarged bankruptcy
- Involved in law enforcement (favour prosecution)
- Member of armed forced
- Close relatives of any of the above
Allowances for Magistrates
- Travel costs
- Subsistence ( food, clothes, etc)
- Financial loss incurred
Appointment of Magistrates
- Justices of the Peace Act - appointed by Lord Chancellor on advice of the Local Advisory Committee
- Formal application - 2 interviews assessing character & judgement
- Background check
- LAC aims to establish a balanced bench which is representative. Makes recommendations to LC, which appoints them to a local justice area under s7 & 8 of Courts Act 2003
- Sworn in by a senior circuit judge
Training of magistrates
Organised by the judicial studies board, supervised by the judicial college. Magistrates’ National Training Initiative (MNTI2) covers 4 areas:
- Managing yourself
- Teamwork
- Judicial decision making
- Managing judicial decision making (chairman only)
- Initial training - how court system works, what magistrates do
- First sitting with 2 experienced magistrates
- Mentoring and reviews - keep a log for 12-18 months so mentor can check progress
- Core training - visit police stations, prisons, etc & observe other magistrates
- Consolidation training - mentoring is finished, lessons to check decisions
- First appraisal - should be fully competent, no = more training. Appraisals every 3 years
What do Magistrates do?
Try cases:
- Listen to both sides
- Listen to witnesses
- Look at evidence
- Make decisions of verdict, sentencing and fines
Preliminary hearings:
- Remand and bail
- Early administrative hearings
- Mode of trial (triable either-way)
- Committal proceedings - if pleaded guilty, there is no trial
Other:
- Youth court - 10-17, need extra training
- Crown Court - explain the original verdict to a judge
- Civil - enforce debts e.g. TV licence, licencing e.g. to serve alcohol
- Family - protection orders, adoption
Retirement and removal of magistrates
Retire at 65 - usually not appointed after this. Placed on ‘supplemental list’ - administrative tasks. Can resign at any time.
s11 Courts Act 2003 - LC dismiss for incapacity/misbehaviour/not being committed/failing to reach standards of competence
General jury stuff
Trial according to conscience (R v Owen). Aged 18-75 on the electoral register, UK resident for at least 5 years since 13th birthday.
Criminal Justice Act 2003
- Judiciary & law enforcement can be called for service
- Disqualification for mental illness
- Disqualification for lack of capacity
Unable to sit on a jury
Permanent - never sit on a jury, life imprisonment, deafness/blindness
Temporary - 10 years, on bail, custodial sentence
Excused - Not this time around, 12 months (pregnancy, exams, holiday)
Deferred - 6 months later
Must get the judge’s opinion and bring it to the summoning officer. Not turning up = fine
Juries and law enforcement
R v Green - defending solicitor knew one of the jury members was a police officer who worked in same area as the arresting officer, not conflict of interest tho
Role of the jury
- Listen to evidence
- Retire to the jury room
- Decide what the evidence has established
- Make a judgement
Rules for the jury
Judges cannot influence the jury (R v Bryant)
Judges cannot rush the jury (R v McKenna)
Jurors cannot communicate via social media about a case - one tried to contact the defendant & was convicted for contempt of court
Jurors cannot research cases online - one searched up D and told other jurors what she found
Jurors must aim for a unanimous verdice - if longer than 2hrs10 mins, can me 10-2 or 11-1
Vetting of juries
Can only be carries out with permission from the public attorney general.
Police checks - eliminates disqualification, may be unconstitutional (R v Mason)
Wider checks - social media, memberships, etc
Challenging juries
s5 Juries Act 1975
To the array - challenge he whole jury - chose in an unrepresentative way
For cause - challenge an individual juror e.g. related to the witness
Stand by for the crown - only prosecution, juror is put on the end of the list and only used if no one else is left
Juries behaving badly
R v Mirza - jurors didnt like the interpreter so found D guilty - appeal, nut the conviction was allowed bc the decision was made in a jury room
R v Young - jurors used a oujia bourd to summon the victim, decision made outside of the jury room
Jury Equity
R v Kronlid - D admitted to property damage but pleaded not guilty because he prevented further harm, jury acquitted him (perverse verdict)
