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78 Cards in this Set
- Front
- Back
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What are lay magistrates also known as? |
Justices of the Peace |
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What are Lay Magistrates? |
They are not legally qualified and act as a judge for the Magistrates' Court |
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What are District Judges? |
Perform same duties in court as Lay Magistrate but there are differences: • Legally qualified for at least 7 years • They are paid • They work full-time • Sit alone vs. Bench of 3 magistrates |
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Who is involved in the process of selection and appointment of magistrates? |
• Local Advisory Committees • The Lord Chancellor |
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What are the qualifications of a Lay Magistrate? |
They are not qualifications as such. • Must between the age of 18-70 |
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How are lay magistrates selected? |
Traditionally, their name would be put forward by local party or chairman of Chambers of Commerce (for business owners) NOW: • Local Advisory Committee are responsible for recommending candidates |
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What is the Local Advisory Committee? |
Composotion: Maximum of 12 members. 2/3 are magistrates and 1/3 are non-magistrates |
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How does the Local Advisory Committee encourage people to apply? |
Advertisement - e.g. local newspaper, radio, buses. May be aimed at specific ethnic groups. Open the evenings may also be arranged. |
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Why are specific ethnic groups targeted to apply? |
To create a balanced, representative bench (of all aspects if society). This is also assisted by the Lord Chancellor |
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What has the Lord Chancellor created as guidelines for selection? |
It has created 11 categories of occupations , of which no more than 15% of each category cab be appointed go the bench in any given year |
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What is the 2 stage process for selection? |
1) 1st interview - Panel tries to find out about personal attributes and whether they have the 6 key qualities required. Will explore candidate's attitudes on various criminal matters 2) 2nd interview - Aimed at testing candidate's potential judicial aptitude, done through discussion of 2 previous case studies . Work in groups of 3. |
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Who makes the final decision on who is appointed? |
The Lord Chancellor. The Local Advisory Committee only sends a list of selecting candidates to him to appoint |
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What is the traditional image of the composition of the bench? |
They are middle-class, middle-aged and middle-minded. Evidence: Half of lay magistrates are between 60-70 years old and 4% between the age of 40. |
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What is the composition of the bench now? |
It is more balanced and more representative of society: 2010 figures show that 50.8% of magistrates were women 7.7% from ethnic minorities 5% have a disability |
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What is the reason for the bench becoming more diverse? |
It is the result of campaigns to attract a wider range of candidates - e.g. newspaper ads in targeted areas. --> led to increase in ethnic minority appointments |
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What are the qualifications for lay magistrates? |
• Legally unqualified • Age 18-65 on appointment (most over 40) • Part-time but must sit at least 26 days/ year • They must live within the same area as the court (local justice areas) AND • They must possess certain qualities |
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What are the qualities required to be a lay magistrate? |
- Be of good character - no criminal convictions - Maturity - Social awareness - Sound temperament - Sound judgement - Decide on the basis of the facts - Reliability and commitment |
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Who are ineligible to become magistrates? |
• People with serious criminal convictions - Served prison sentence in last 10 years OR Given a community order • Police officers/ MPs • Armed forces personnel • People declared bankrupt • People with certain disabilities |
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What is the aim of training for magistrates? |
Not to provide them with legal training BUT To give them a practical understanding of their duties . Therefore, the focus is on: • Sentencing • Decision making • Court procedure |
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Who supervises the training of magistrates? |
The Magistrates' Committee of the Judicial Studies Board supervises the training BUT The training is usually carried out in local areas through the court clerk |
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What are the stages of training for magistrates? |
1) Initial training 2) Mentoring 3) Core Training 4) Consolidation of training 5) First Appraisal |
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What does initial training of the Magistrates consist of? |
This is done before they sit. It covers the role of the Magistrates After: sit with 2 other experienced magistrates |
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What does mentoring of a magistrate include? |
The mentor is a serving magistrate and the offer guidance for the first 12-18 months . They review their progress on 6 occasions |
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What does core training of a magistrate include? |
Over the first year: • Observe court proceedings on 3 occasions - to see all aspects of work • Visit prisons and young offenders institutions - to know where they'll be sending people |
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What is consolidation of training? |
Occurs at the end of the 1st year This builds on learning from sittings and core training. Designed to help magistrates to plan for ongoing development and prepare for first appraisal. |
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What is the first appraisal? |
12-18 months after appointment Both magistrate and mentor agree if they're ready. Magistrate is judged on the 4 key competencies When successful, they are deemed fully competent |
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What are the 4 key competencies that a magistrate must have to be appraised? |
• Managing yourself - e.g prepare for court • Working as a team member • Making judicial decisions And, if aiming to be the chairman of the bench: • Managing judicial decision making e.g. working with Clerk |
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What happens if magistrate is successful in their first appraisal? |
If they have all four competencies, they will be allowed to sit as a winger . They must also undertake continuous training so they remain up to date with legal developments |
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What specialist training is available for magistrates? |
• Youth Court • Family Court Must be specially nominated and trained. |
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What are magistrates role in criminal matters? |
97% of criminal matters and the other 3% have preliminary hearings • Adjudicate - Bail, summary trials, decide verdict and sentence, send cases to Crown Court for sentence • Sit as "examining judges" - Determine Mode of trial, committal proceedings • Sign warrants • Sit on bench in youth court • Sit with judge on bench in crown court (Appeals) |
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What are magistrates role in civil matters? |
• Hear family cases • Deal with civil debts - enforce debts owed • Hear applications/ appeals where refused by local council |
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What governs the removal/ disqualification of magistrates? |
The Courts Act (2003) |
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What are the reasons for removal/ disqualification? |
• Fail to fulfil required 26 days of sitting • Move out of local justice area • Being convicted/ made bankrupt • Refusing to apply laws they disapprove of • Personal indiscretions |
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What may happen if magistrates can no longer sit? |
The Lord Chancellor may transfer them to the Supplemental List. Those on the list can not sit as magistrate but can carry out minor administrative duties |
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What are the advantages to using lay magistrates? |
• Cheaper than judges - unpaid • Cases dealt with quicker • Have local knowledge - understand D and context of crime, specifically traffic • Bench made up of members of community - element of "trial by one's peers" • Not as case hardened as judges • Legally qualified clerk advises so lack of legal expertise is irrelevant |
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What are disadvantages to using lay magistrates? |
• Tend to be prosecution-biased, believing police too readily - 20% found not-guilty • Training is inadequate for range of work that they do • Some rely too heavily on their court clerk - cannot make decision without consulting clerk • Working class and ethnic groups are underrepresented on bench • Inconsistency in sentencing: 2011 - 20% sent to prison in Teeside, 41% in Brimingham • If trial is adjourned, may be difficult to get magistrates together to continue |
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What are the qualifications required for jury service? |
These are governed by Juries Act (1974) as amended by the CJA (2003) • Must be aged between 18-70 • Name must be on electoral roll in local area • Must be resident of the UK, Channel Islands or Isle of Man for 5 years since 13th birthday |
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Who are disqualified from jury service? |
• Those with criminal convictions • Those who are mentally disordered. |
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What type of offender is disqualified from jury service for 10 years? |
If sentenced within the last 10 years to: • Prison sentence of any length • Received a suspended sentence • Been given a community order or sentence Or is currently on bail |
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What type of offender is permanently disqualified from jury service? |
If sentenced to: • Life imprisonment • Detention at Her Majesty's Pleasure • Imprisonment/ detention for public protection • Extended sentence • Term of 5 years or more |
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What defines a "mentally disordered" person? |
CJA (2003), defines it as: • Person who suffers/ has suffered from mental illness, psychopathic disorder, (severe) mental handicap and - Resident in hospital/ similar institution - Regularly attends treatment by medical practitioner • Under s.7, has been deemed incapable of administering his property and affairs |
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What are some examples included in mentally disordered? |
• Anxiety • Depression • Bipolar |
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Who were exempt from jury service until 2004? |
A variety of people were exempt, e.g. • Police officers • Legal professionals And it was optional for some people e.g. Those aged between 65-70 |
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Why were pre-2004 exemptions from jury service criticised? |
It meant that certain sections of society were excluded because of what they were. Therefore, juries were less representative of society - which is their purpose. |
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What changed exemptions from jury service? |
Changed in 2004 as the Criminal Justice Act (2003) introduced changes that broadened jury pool |
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Who was included in the jury pool after the CJA (2003) changes? |
Those no longer excluded such as: • 65-70s • Police officers/ lawyers/ judges • Priests/ vicars • Doctors/ nurses • Peers of the realm (titled people) • Armed forces personnel (unless on a tour) |
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When can jury service be deferred? |
• Health reasons • Illness/ death of a close relative • A pre-booked holiday • Religious festival • Essential service in the Armed Forces |
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When can a person be excused from jury service? |
• Insufficient understanding of English • Certain care responsibilities • Religious beliefs (e.g. Quakers) • If they can prove they cannot sit within 12 months from date they were summoned This is decided by the Jury Summoning Bureau (introduced due to CJA) |
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What are the criticisms of the reforms to juror eligibility (2004 reforms from CJA)? |
The aim was to widen jury pool... BUT: • Proven to be controversial with particular groups - may already know case and be biased/ already have an opinion • Controversial because of phrase "mentally disordered" - very broad. Some illnesses included are easily manageable and do not interfere with daily life • Healthcare professionals no eligible - should be saving lives • Reforms not expanded pool - only those on electoral roll will be chosen |
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How long does jury service last? |
Usually 2 weeks, it is compulsory A juror has the right to time off work They can claim for loss of earning and travel expenses |
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What are the stages of selection for jury service at a Crown Court? |
A group of 150-200, chosen at random from electoral reigster. Only 100-120 after ineligibilities, excusals and deferrals • Vetting • The "Swearing in" of the Jury • Challenging the Jurors |
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What is vetting? |
It is where checks are made on jurors to assess suitability. There are 2 types: 1) Routine police checks 2) Political vetting |
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Why are routine police checks carried out? |
Made to identify disqualified jurors This is done randomly, not all are vetted this way - those disqualified may slip through |
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What is political vetting? Why is it carried out? |
This is a wider check on jurors' backgrounds and political links. Only done in terrorist/ official secrets trials. This must be authorised by the Attorney-General. |
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What happens when the jury is sworn in? |
A group of 15 is chosen at random. 12 called at random by court clerk to sit in jury box. Each juror is sworn taking the oath to faithfully try D according to evidence and to give true verdict |
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What are the 3 instances where jurors can be challenged? |
This is where the defence or prosecution can raise objections. Instances: • To the Array • For Cause • Prosecution's right to Stand By jurors |
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What is the instance to the array to challenge jurors? |
This is where the defence challenges the whole jury on the basis that it has been chosen in a biased/ unrepresentative way BUT, judge has no power to choose multi-race jury - must be random |
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When was challenging to the array used? |
R v Fraser (1987): |
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When is challenging for cause carried out? |
The defence challenges individual jurors for reason that they should not serve on jury |
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When was challenging for cause seen in a case? |
R v Wilson (1995) |
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What is the Prosecution's right to stand by the jurors? |
This puts the juror to the end of the list of potential jurors WITHOUT the prosecution giving a reason for objecting to them sitting Can ask all 12 to stand-by. Defence had this right but was limited to prosecution in 1985 |
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Why is the selection of jurors criticised? |
• Use of electoral roll to select - not everyone has name on it • Few multi-racial juries - judge has no power to ensure they are multi-racial • Disqualified jurors - many fail to disclose disqualification and police vetting not comprehensive • Too many discretionary excusals - certain people underrepresented e.g. parents • Prosecution's right to stand by - rigging jury |
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What are the roles of juries in criminal matters? |
Jury decides the facts by listening to the evidence • Judge instructs that they can ONLY give GUILTY verdict if the case has been proven beyond all reasonable doubt • Initially - must be unanimous but after 2 hours a 11-1 or 10-2 will be allowed |
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Why was majority verdict for juries introduced? |
It was introduced because of: • The fear of jury nobbling • It was felt acquittal rates were too high |
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What is the role of the judge in criminal matters? |
• The trial is presided over by the judge, whom decides points of law • At the end of the case, judge will sum up the case to the jury and directs them on any point of law involved. • RARE: Judge can direct jury to acquit defendant... |
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Why might the judge direct the jury to acquit the defendant? |
If the prosecution's case is weak and done before defence has presented their case - as Prosecution has burden of proof: • Stephen Lawrence (1993) |
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Where can a jury be used in civil cases? |
1% of civil cases heard with jury In the Queen's Bench Division of the High Court and The County Court (8 Jurors) • Used RARELY in the Coroner's Court |
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When are jurors used in civil cases? |
In cases of: • Defamation • False Imprisonment • Malicious Prosecution • Fraud |
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What are juries role in civil cases? |
It is a dual-role: • Decide verdict - who wins case • Damages to be awarded if claimant wins. Damages can sometimes be punitive damages (awarded to punish defendant) |
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What are advantages to Jury Secrecy? |
• Jurors will not feel intimidated/ watched, so can give their opinion • No single juror can be held responsible for a decision - made anonymously • Allows jurors to ignore the Letter of Law and make decisions on the basis of justice. • Avoids grounds for appeal - no one can report any aspect of decisions |
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What are disadvantages to Jury Secrecy? |
• May be evidence of prejudice but remain unknown • No way of knowing HOW they reached decision - could be through coin flipping • Misconduct cannot be reported by fellow jurors E.g. Young (1995) • illegal to discuss anything from inside jury room - Contempt of Court Act s.8 (1981) |
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What makes it illegal for jurors to discuss the case?
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Contempt of Court Act (1981) s.8 This makes discussing the case a contempt of court and can result in imprisonment |
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What are advantages to using juries? |
• Public confidence in trial by jury • Justice seen to be done as system is open - involves public • Jury is impartial - random selection = prejudices cancelled out • Jury Equity |
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What is jury equity? |
Jurors are not legal experts and so are not bound by precedents/ AoP and do not have to give reasons for decision. Therefore, they can decide verdict on basis of fairness E.g. Ponting's Case (1985) |
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What are disadvantages to using juries? |
• Secrecy - No way of knowing if jury understood the case and reached right decision E.g. R v Young (1995) • Jurors more susceptible to intimidation and threats • May be influenced by media publicity • High acquittal rates - about 60% • Jury service can be traumatic E.g. R v West (1996) • Can be easily swayed by clever barrister • Perverse decisions |
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What is an example of a perverse decision from a jury? |
R v Kronlid (1996) Defendants acquitted of causing £1.5 million damage to plane - claimed they were preventing it from flying to Indonesia to be used in bombings |
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What are problems to using juries in civil cases? |
• Have no experience or guidelines/ precedents to follow when deciding damages = Unpredictable and very large sums of money are awarded • Defamation cases: Biased towards celebrity • It is expensive - judge has to do more explaining on a regular basis = longer so more expensive |
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What are alternatives to using juries? |
• Single Judge No longer have community participation, may have idosyncratic judges reaching wrong decisions • Bench of judges Not practical due to expense • Mixed bench (judges and magistrates) Magistrates reluctant to disagree with judge • Specialist juries Undermines policy of randomness and may allow bias |
