Lay people- magistrates and juries

Question 1

What act established the role of a magistrate?

Answer 1

Justices of the Peace Act 1361

Question 2

Do Magistrates receive a salary?

Answer 2

No, but they do receive travel expenses, subsidence and financial loss allowances

Question 3

What are the qualifications to become a magistrate?

Answer 3

Don`t have to have any qualifications  in law
There are some requirements to their character set out in 1998:
Good character
Understanding and communication
Social awareness
Maturity and sound temperament
Sound judgement
Commitment and reliability 
They must also posses judicial quality

Question 4

How old do magistrates have to be to sit?

Answer 4

Potential magistrates must be 18-65 upon appointment- can sit until age of 70

Question 5

What did the Courts Act 2003 say about magistrates?

Answer 5

Expected to work or live within or neat to local justice area they are allocated
Must be able to commit to at least 26 half days a year

Question 6

Which people are not eligible to become magistrates?

Answer 6

Police officers, relatives of those working in the criminal justice system, those with criminal convictions

Question 7

Appointments for magistrates are based on advice given by who?

Answer 7

Local Advisory Committee- made up of ex and current magistrates
LAC will put forward potential candidates from local political parties, voluntary groups and other organisation and private individual candidates
Adverts go out to attract potential candidates

Question 8

The Local Advisory Committee caries out a two stage interview process to appoint magistrates. What does it involve?

Answer 8

First stage looks at 6 key qualities and explore candidates attitude on various criminal justice issues such as youth drinking or drink driving
Second stage is aimed at assessing candidates potential and judicial skills- scenarios of cases and asking for appropriate sentences
LAC will submit names of those believed to be suitable to the Lord Chief Justice (Senior Presiding Judge as delegate)- appointments made from list
New Magistrates will be sworn in at local Magistrates Court

Question 9

What is the role of lay magistrates?

Answer 9

Very large workload- deal with 95% of criminal cases
Have three main functions in criminal cases:
Hearing applications for bail and funding (preliminary)
Trial- magistrates mainly try least serious cases on advice from clerk but decide facts, laws and sentence on own
Appeals- hear appeals in Crown Court alongside a judge in relation to appeals against conviction
They also have some control over the investigation of crime as they deal with requests by police to extend detention limits and warrants

Question 10

How do magistrates usually sit in court?

Answer 10

Benches of 3 with one being chairmen but some pre-trial powers allow a single magistrate to sit on own

Question 11

Can Magistrates sit in the Crown Court?

Answer 11

Yes, to hear appeals from Magistrates- usually sit on panel with qualified judge for these

Question 12

Can magistrates sit in the Youth Court?

Answer 12

They must be specially nominated and trained to hear charges against young offenders aged 10-17
Panel must contain one man and one woman

Question 13

What is the role of a court clerk?

Answer 13

Every bench is assisted by a clerk aswell as a legal advisor
The role of the clerk is to provide advice on the law, practice and procedure- they must not assist in decision making process
They can also deal with administrative matters and issue warrants of arrest, extend police bail and adjourn criminal proceedings

Question 14

What are the qualifications to be a juror?

Answer 14

Juries Act 1974- they must be…
Aged 18-75
Registered on electoral register
An ordinary resident in UK, Channel Islands and Isle of Man for at least 5 years since 13th birthday

Question 15

Who is disqualified permanently from jury service?

Answer 15

Those who have at any time been sentenced to..
Imprisonment, detention or custody for life
Detention during her Majesty`s Pleasure or custody for life
Imprisonment or detention for public protection
An extended sentence
A term of imprisonment or detention of five or more years

Question 16

Who is disqualified for 10 years from juror service?

Answer 16

If at any time in last 10 years they have served a sentence in prison
At any time in last 10 years they have had a suspended sentence passed
At any time in last 10 years they had a community order or sentence passed
Anyone currently in bail for criminal proceedings

If disqualified person fails to disclose fact and turns up they may be fined up to £5,000

Question 17

Who else is suspended from jury service?

Answer 17

Those suffering from mental disorder defined in Criminal Justice Act 2003
Mental illness, psychopathic disorder mental handicap

Question 18

Who has rights to be excused from jury service?

Answer 18

Full time members of armed forces but commanding officer must certify
Other essential occupations have rights for discretionary refusal such as doctors, nurses, pharmacists, police officers

Question 19

What is meant by discretionary excusal?

Answer 19

Anyone who has problems which make it difficult to attend service may be asked to be excused or pushed back to a later date eg. being too ill to attend, mother of small child, exams or holidays booked prior to jury request
In these situations, court is more likely to defer jury service for a more convenient time rather than excuse the person completely- under extreme circumstances
Non-attendance= fine up to £1,000

Question 20

Can prison officers sit for jury service?

Answer 20

Yes, under the Criminal Justice Act 2003

Allows police officers, judges and lawyers

Question 21

Can a judge discharge someone from jury service?

Answer 21

Yes for a lack of capacity
This could be because the person doesn`t understand adequate english or because of a certain disability including anyone who is blind or deaf

Question 22

How do you select a jury?

Answer 22

At each crown court, there is an official responsible for summoning enough jurors to try cases held in each 2 week period
The official will arrange names to be selected at random from the electoral register for the area that the court covers- done through computer selection
It is necessary to summon more than 12 jurors as most courts have more than one courtroom and it`s unknown how many may be disqualified or excused

Question 23

What should those summoned for jury service must do?

Answer 23

Notify the court if there is any reason why they should not or can`t attend
All others are expected to attend for 2 weeks jury service or until trial is complete

Question 24

What is meant by vetting when selecting a jury?

Answer 24

Both prosecution and defence have right to see list of potential jurors- in some cases, it may be decided that the jurors should be vetted (checked for suitability)
Two types of vetting= police check and wider background check

Question 25

What are police checks?

Answer 25

Routine checks are made to eliminate the potential jurors who are disqualified
The courts have recognise the jury vetting can be used to disqualify those with criminal convictions- R V Mason

Question 26

What are wider background checks?

Answer 26

Made based on a juror`s background and political affiliations
Political vetting should only be used in exceptional cases involving national security where evidence will be given by camera and terrorist cases
This type of method can only be carried out if Attorney General has granted permisson

Question 27

What is meant by selection at court?

Answer 27

Once vetting is done or not exercised, the jurors are divided into groups of 15 and allocated to a court
12 out of 15 of these will be chosen at random by the court clerk
Once the court has selected the 12. the jurors go into the jury box to be sworn in

Question 28

Before the jury is sworn in, both prosecution and defence have rights to challenge one or more jurors. What are these?

Answer 28

To the Array- allows the whole jury to be challenged on basis it has been chosen in an unrepresentative or biased way- R v Fraser
To the cause- involves challenging an individual. To be successful, they must point out a valid reason why they should not serve eg. disqualified, relations to witness or defendant. If they aren`t removed then the conviction has risk to be quashed- R v Wilson
Right to stand by- A right only the prosecution can exercise. Allows a juror who has been stood by to be out on a reserves list- should be used sparingly

Question 29

When is a jury used in court?

Answer 29

For cases when the defendant has pleaded not guilty
Judge decides law and jury decides facts
At the end to direct the jury tod of the case the judge has the power to acquit the defendant of the prosecution has not laid out enough evidence- happens in 10% cases

Question 30

How does a jury decide?

Answer 30

The judge will sum up the case to the end and direct the jury on any law involved
The jury then retire to a private room and made guilty or not guilty decision in secret
Initially, a jury must try to come to a unanimous verdict (all agree)
The judge must accept the jury verdict even if they don`t agree
Jury does not have to give reason for verdict

Question 31

What is meant by a majority verdict?

Answer 31

If after a while the jury haven`t reached a verdict the judge can call them back into the courtroom and accept a majority verdict
Majority must be on a verdict of 11:1 or 10:2
This system can also be used when a juror has to leave due to illness
Majority verdicts were introduced due to “jury nobbling”- only one member had to be bribed to create stalemate

Question 32

There can be no inquiry into how jury reached it`s verdict. Correct?

Answer 32

Yes, the jury discussion takes place in secret
Criminal Justice and Courts Act 2015 makes it a criminal offence to intentionally obtain or disclose any statements made, opinions expressed arguments made or votes cast in course of deliberations
Disclosure is only allowed in interests of justice such as reporting any jury misconduct

Question 33

What is an advantage of a jury?

PC

Answer 33

Public confidence- considered one of the fundamentals for a democratic society
People seem to have confidence in impartiality and fairness of a jury trial
Old tradition

Question 34

What is another advantage of juries

I

Answer 34

Impartiality- should be impartial as they are not connected to anyone in the case
Process is random selectin- designed so different jurors have different prejudices and cancel out each others biases
No individual is responsible for the decision
At the end of the two week, the jury dissolves

Question 35

What is another advantage of juries?

SR

Answer 35

Secrecy of the Jury Room- jury can be left to decide case based on facts without any pressure from outside influences- allows to make verdicts that could be unpopular
Has been suggested people would be less willing to serve on jury is they knew their decision could be made public

Question 36

What is a disadvantage of juries?

Answer 36

Secrecy- due to the jury not being obliged to give reasons for their verdict, it`s not possible to know that they came to the verdict for the right reasons
Impossible to know if there were any factors that influenced their decision

Question 37

What is another disadvantage of juries?

MI

Answer 37

Media coverage may influence jurors- R v West
Especially high profile cases
It may reveal public opinion causing juror to sway verdict as well as create certain character profiles that may make juror create assumptions about defendant

Question 38

What is another disadvantage of juries?

RB

Answer 38

Racial Bias- May still have prejudices that affect the case
eg. biased against police so certain convictions are disqualified
Also concerns of racial prejudice- Sander v United Kingdom