Criminal Courts and Lay People

Question 1

List the Criminal Court hierarchy structure (bottom to top).

Answer 1

1. Magistrates’ Court
2. Crown Court and 3. High Court (QBD)
3. Court of Appeal
4. Supreme Court

Question 2

Describe and explain the Magistrates’ Court.

Answer 2

Exclusive first instance jurisdiction over summary offences (SO). SO are the least serious criminal offences, such as assault and battery. They usually carry a maximum sentence of 6 months in prison. Either-way (EW) cases are also seen here. EW is of mid-range gravity e.g. theft. The Mags call a ‘mode of trial’ after hearing pleas and bail to decide if the EW stays in Mags as a downgraded case, or goes to the CC as an upgraded case. Any indictable offences (IO) (which are the most serious offences e.g. rape or murder which can carry life sentences) are “sent for trial” at the CC, after plea and bail.

Question 3

Describe and explain the Crown Court.

Answer 3

Has exclusive first instance jurisdiction over indictable offences, and deals with the upgraded EWs from Mags. They also have appellate jurisdiction over appeals from the Mags to reconsider sentencing, or cases “committed for sentence” by the Mags to give higher sentences.

Question 4

Describe and explain the High Court.

Answer 4

Has appellate jurisdiction. Mostly deals with civil cases but the QBD also hear appeals on points of law from the Mags, aka appeal “by way of case stated.

Question 5

Describe and explain the Court of Appeal.

Answer 5

Appellate jurisdiction over convictions and sentencing imposed by the CC in a trial of indictment. Also cases referred to by the Attorney-General where there is an issue on a point of law or “unduly lenient” sentences. Also cases referred to by the Criminal Cases Review Commission where new evidence casts doubt on old convictions.

Question 6

Describe and explain the Supreme Court.

Answer 6

Appellate. Hears appeals from the CoA and QBD on points of law and public to national importance. They have the power to overrule all other UK courts.

If the D has sufficient Leave to Appeal they can appeal to the ECHR.

Question 7

What are the 3 requirements of a magistrate, and where was this set out?

Answer 7

Set out by the Justices of the Peace Act 1979 and amended by the Court Act 2003.

1. Aged 18-65
2. Able to sit in court for 26 half day sessions
3. Willing to swear the Oath of Allegiance - to abide by all ENG and WAL laws.

Question 8

What are the six qualities a magistrate needs to show?

Answer 8

1. Commitment and reliability
2. Good character
3. Understanding + communication
4. Social awareness
5. Maturity
6. Sound judgement

Question 9

Who is excluded from becoming a magistrate?

Answer 9

1. People with previous convictions, or the close family or spouses of them.
2. Those who are currently bankrupt or have ever been.
3. A member of the Police force (past or present) or the close family or spouses of them.
4. Asylum seekers.

Question 10

Describe the selection of a magistrate.

Answer 10

They are selected by the Local Advisory Committee. They begin a 2 stage interview process. At the first their qualities and requirements are checked, and there is a thorough background check. At the second interview, candidates take part in a role playing activity where they hear evidence, decide verdicts and sentences.

Question 11

Describe the appointment of a magistrate.

Answer 11

They are appointed by the Lord Chancellor, who is supplied with a list from the Local Advisory Committee. They appointed “according to the needs of the local bench” i.e. gender, age, ethnicity.

Question 12

Who are the Judicial Studies Board and what do they do?

Answer 12

Each year the Judicial Studies Board - who oversee the training of a mag - produce a document setting gout the minimum training requirements for mags. It is split into 2 categories; essential and desirable.

Question 13

What initial compulsory training do Mags receive?

Answer 13

Before they can go to court:

1. Preliminary reading
2. 3 days training
3. 3 court observations
4. visits to connected institutions

Question 14

What ongoing training do Mags receive?

Answer 14

Training on the job. Learn law procedures, develop basic skills of a mag like community awareness, communication skills and problem solving.

Question 15

What mentoring do Mags receive?

Answer 15

An experienced Mag meets with them 6 times a year in the 1st year to discuss cases and outcomes and applying knowledge. The new mags are given Personal Development Logs to record their development and notes training agreed with their mentor.

Question 16

What happens at a Mags appraisal?

Answer 16

Check if they have acquired the competencies. if they still haven’t they are given extra training. if they still haven’t it is passed to the LAC to the L Chancellor to remove them.

Question 17

What desirable training do Mags receive?

Answer 17

Experienced Mags may train to sit in the Youth Court of Family Proceedings Court. Could train to become Chairman of the Beveren. Regular training from time to time update their knowledge on new leg or sentencing guidelines, which will be given to them in an Adult Bench Book, by the JSB.

Question 18

Briefly list the roles of the Magistracy.

Answer 18

1. Preliminary matters/ Administrative decisions
2. Judicial decision making
3. Sitting in on Appeals
4. Training
5. Mentoring
6. Educational visits
7. Represent the local community on the bench

Question 19

Explain the role of a Mag in Preliminary matters/ Administrative decisions

Answer 19

Hear the plea
Decide if the D gets bail
Issue warrants; search and arrest

Question 20

Explain the role of a Mag in Judicial decision making

Answer 20

s. 16(3) of the Justices of the Peace Act 1979 states that Lay Mags have the same judicial powers as a district judge.

Summary offences - hear evidence, decide verdict and sentence
Indictable offences - after plea and bail their only involvement is “sending for trial” to the CC.
Either-Way - “mode of trial” hearing where D’s case is to be heard and sentenced

Maximum sentencing powers - 6m custodial (12 for 2+ crimes,) £5000 fine

Question 21

Explain the role of a Mag in Sitting in on Appeals

Answer 21

Experienced Mags will go and sit in on appeals at the QBD which will hear appeals from other mags’ courts not their own

Question 22

Explain the role of a Mag in Training

Answer 22

Experienced Mags may train to work in the Youth Court or Family Court o to become a Chairperson (leads the bench, delivers the verdict, has casting vote)

Question 23

Explain the role of a Mag in Mentoring

Answer 23

Experienced Mags might be mentors for younger ones

Question 24

Explain the role of a Mag in Educational visits

Answer 24

Visit schools, colleges and groups in the community to discuss their work.

Question 25

Explain the role of a Mag in Representing the local community on the bench

Answer 25

They were appointed to represent a specific group of people (age, ethnicity, gender)

Question 26

List advantages of Mags

Answer 26

1. Local knowledge helps them make informed and appropriate decisions. e.g. Paul v. DPP. A man was charged with kerb-calling. The mags had to decide if his actions were "likely to cause a nuisance." The mags had local knowledge that this was a common offence in the area and convicted him. 2. Cost effective - they are volunteers. It would take 1000 judges to replace them at 130,000 each a year.

Question 27

List disadvantages of Mags

Answer 27

1. Not diverse - mostly middle class, middle aged, middle minded e.g. most are over 60, and there is little ethnic diversity. e.g. there are only 7 Chinese mags in C.London 2. Case hardened - become more bias towards listening to police e.g. R v. Bingham JJ ex parte Jowitt. where the chairman stated that "my principle in such cases has always been to believe the evidence of the police officer."

Question 28

How are jurors selected before and once at court?

Answer 28

1. Names are chosen at random from the electoral roll to serve at a local CC. The summons is prepared by computer and is dealt with by the Jury Central Summoning Board. 2. Because the summons are sent to people randomly the recipients need to check whether they are eligible and whether or not they are disqualified. 3. They will need to attend court on the date given unless they acquire a deferral or excusal. 4. Once at court they show the summons, their I.D. to the Court Usher. They will then wait in the Jury Waiting Room. 5. Court Clerk will randomly select 15 people from the day's list of names. They are taken into the court room. 6. Court Clerk randomly selects 12 of the 15 to enter the Jury Box. The other 3 go back to the Jury Waiting Room. 7. As the jurors enter the jury box they may be "challenged for course" this means if it is expected they are ineligible, disqualified, or may be biased. 8. They will then swear an oath or affirm and then take on the roles of a juror.

Question 29

What are the eligibility requirements of a juror?

Answer 29

1. They are aged 18-69 on the day of which jury service is due to start. 2. They are a registered voter. 3. They have lived in the UK, Channel Islands or Isle of Mann for at least 5 years, after the age of 13.

Question 30

What are the disqualifications of a juror according to the Criminal Justice Act 2003?

Answer 30

1. If a person summoned is on bail for a criminal offence. 2. If they've ever... a) been inprisoned with a life sentence b) been inprisoned for public protection c) 5 or more years of inprisonment/Youth custody If you fall into this category you are disqualified for life from jury duty: 3. If in the past 10 years they've... a) served any part of a sentence of inprisonment or detention. b) has a suspended sentence passes on them. c) had various community orders imposed e.g. a community punishment order, or a drug treatment or testing order. 4. Mental disorders... a) as a result is in hospital or similar institution b) has a guardian/can not manage own affairs

Question 31

Explain deferrals and excusals in jury service.

Answer 31

Deferral: delay your jury service, but you must complete your service in the next 12m. You must have a good reason e.g. pre-booked; holiday; operation; exam Excusal: removed from jury service entirely for 12m and will not have to do it unless summoned after the 12m. Reasons: done service in the last 2 years, serve in the armed forces, MP or MEP.

Question 32

Give the roles of jurors.

Answer 32

1. To discuss the case and deliberations outside of the court with non-jurors is an offence under the Contempt of Court Act 1981. 2. Must not research the case 3. deliberate in the Jury Deliberation Room 4. hear witness testimonies, video tms, and real evidence e.g. actual objects. 5. can take legal advice from the Jugde, but can only remind them of the law. 6. Act in the CC .: they hear upgraded EW and IO 7. After at least 2 hours of deliberation the judge can accept a majority verdict (10-2 or 11-1) 8. Only decide on the evidence used in the court room as it has been cross examined. 9. Represent society 10. Must each a unanimous decision 11. decide a foreman - to keep deliberations on track, and deliver the verdict.

Question 33

List advantages of jurors.

Answer 33

1. "Sometimes jurors can give perverse/absurd verdicts i.e. an unexpected outcome given the facts of the case and the law the defendant was charged with." Sometimes make public opinion decisions that flys in the face of the law. e.g. Kronlid. 3 women charged with causing £12m of criminal damage. They were protesting abut the sale of Hawk jets to Indonesia. There was proof beyond reasonable doubt that they committed the acts but the jury cleared them of all charges. This is good as it means they can make a morally right decision that judges cannot as they must follow the law. 2. Juries are racially balanced. Research from 2007, Ministry of Justice states that there are "no differences between white, black and other ethnic minorities." Therefore racially mixed juries do not discriminate against defendants on racial terms.

Question 34

List disadvantages of jurors.

Answer 34

1. Emotional and psychological impact on jurors can be negative. Most jurors find the experience interesting and are reassured about the high standard of criminal justice. But for some it can be distressing especially if the case has similarities to a personal experience. Follow-up counselling is available. e.g. the Mura Hindley case - jurors were distressed by the sound recordings of the victims. 2. They are not truly representative of society. Represent the public but many are excluded as disqualified or ineligible. Once the excused have been added in it is likely that the jury will have a higher proportion of older people - most people with relevant criminal convictions are under 25 and most mothers are usually excused. It also means the 'keen' jurors will be there, reluctant jurors would have tried to excuse or differ themselves. Jury vetting may also effect the make-up of a jury.