Magistrates and Juries (A01)

Question 1

Who are magistrates?

Answer 1

Unpaid, part-time, volunteer lay people who sit in the Magistrates court.

Question 2

What are the roles of the magistrates?

Answer 2

• Number of cases heard.
• Decide guilt.
• Sentencing.
• Preliminary hearings.
• Youth Court.
• Appeals.
• Administrative hearings.

Question 3

How many cases do Magistrates hear?

Answer 3

97% of all criminal cases start to finish. 3% at least at preliminary hearing level.

Question 4

What type of offences do magistrates hear?

Answer 4

Summary and majority of triable either way offences.

Question 5

Sentencing (magistrates)

Answer 5

They sentence offenders at the end of a trial or send them up to Crown Court for higher sentencing.

Question 6

Preliminary hearings (magistrates)

Answer 6

They hear these such as bail and remand hearings.

Question 7

Youth Court (magistrates)

Answer 7

Specially trained panel of magistrates deal with young offenders (10-17). Usually a gender mix, must be under 65.

Question 8

Appeals (magistrates)

Answer 8

Magistrates sit with a judge in Crown Court to hear appeals from the Magistrates’ Court.

Question 9

Administrative hearings (magistrates)

Answer 9

Sign warrants for arrests and searches, hear application for police detention period extension.

Question 10

Who is the magistrates’ clerk?

Answer 10

A qualified lawyer who assists lay Magistrates with law, policy, procedure and sentencing. Don’t help with verdicts or sentences but advise them on legal questions or sentencing issues.

Question 11

What are the 6 key qualities required for Magistrates?

Answer 11

Good character, understanding and communication, social awareness, maturity and sound temperament, sound judgement, commitment and reliability.

Question 12

Age + session availability requirements (magistrates)

Answer 12

Aged 18-74 when appointed, must be able to sit at least 26 sessions a year. Must retire at 75.

Question 13

Who can’t become a magistrate?

Answer 13

Police/traffic wardens can’t become lay magistrates due to their jobs. Someone with criminal convictions (except minor ones e.g. speeding)

Question 14

Why could a magistrate be removed?

Answer 14

Bad behaviour, criminal conviction, if they’re ineffective.

Question 15

Who conducts the interview process for magistrates?

Answer 15

Local Advisory Committee.

Question 16

How can one apply to become a Lay Magistrate?

Answer 16

Can apply yourself or be nominated. Must complete an application form and provide references.

Question 17

What is Stage 1 of the interview process (magistrates)?

Answer 17

A 2-stage interview.

Question 18

What does the first interview involve (magistrates)?

Answer 18

Personal attributes and whether the candidate has the 6 key qualities.

Question 19

What does the second interview involve (magistrates)?

Answer 19

Discussing at least 2 case studies to test judicial aptitude.

Question 20

Why are case studies used in the second interview (magistrates)?

Answer 20

To assess how candidates would think and make decisions.

Question 21

What happens in Stage 2 of the Magistrates’ appointment process?

Answer 21

The Local Advisory Committee submits names of suitable candidates to the Senior Presiding Judge.

Question 22

Who makes the final appointment of the magistrates?

Answer 22

Senior Presiding Judge (SPJ).

Question 23

Where are successful magistrates applicants sworn in?

Answer 23

Crown Court.

Question 24

Until what age can a Lay Magistrate serve until?

Answer 24

70.

Question 25

When are juries used?

Answer 25

Crown Court only for cases where D pleads not guilty.

Question 26

Where are the rules concerning juries found?

Answer 26

Juries Act 1974.

Question 27

How many jurors sit in Crown Court?

Answer 27

12 jurors, hear trials.

Question 28

What type of offences do they hear?

Answer 28

Indictable or triable either way cases where D pled not guilty.

Question 29

What do the jury decide?

Answer 29

The verdict (guilty or not guilty).

Question 30

What happens if there's insufficient evidence (juries)?

Answer 30

Judge directs jury to find D not guilty aka directed acquittal.

Question 31

What happens when the jury retire?

Answer 31

Go to a private room to decide D's verdict.

Question 32

Under which laws are jury discussions kept secret?

Answer 32

Contempt of Court Act 1981.

Question 33

What does the Contempt of Court Act 1981 state about jury discussions?

Answer 33

Anything discussed among jurors can't be disclosed outside the private room.

Question 34

What type of verdict is usually required by juries?

Answer 34

A unanimous verdict (all jurors agree).

Question 35

What are majority verdicts and when can they be accepted?

Answer 35

Verdicts where 10-2 or 11-1 jurors agree, accepted sometimes.

Question 36

Why were majority jury verdicts introduced?

Answer 36

To prevent jury nobbling.

Question 37

What is jury nobbling?

Answer 37

When jurors are bribed or intimidated to influence verdicts.

Question 38

Does the jury need to give a reason for their verdict?

Answer 38

No and the judge must accept it no matter what.

Question 39

What are the basic requirements for jury service?

Answer 39

Aged 18-70, on electoral register (can vote), lived in UK for 5 years since their 13th birthday.

Question 40

When is a person permanently disqualified from jury service?

Answer 40

If they've been sentenced for 5 years or more in prison, life imprisonment, public protection.

Question 41

When is a person disqualified for 10 years from jury service?

Answer 41

If they've served a prison sentence (under 5 years), served a suspended sentence, had a community order. Also disqualified whilst they're on bail.

Question 42

Who is ineligible for jury service?

Answer 42

People with mental illnesses, those who lack capacity (blind, deaf, don't understand English well enough).

Question 43

Who is excused from jury service?

Answer 43

Members of armed forces if their commanding officer certifies this. Application must be made to the Central Summoning Bureau.

Question 44

Who can get a discretionary excusal?

Answer 44

Mother with a baby, those with a pre-booked holiday, those with exams.

Question 45

How are names selected for jury service?

Answer 45

Names are selected at random every 2 weeks from the electoral register.

Question 46

How are people summoned for jury service?

Answer 46

A letter is sent to those selected, calling them to attend jury service.

Question 47

How is the jury selection process done?

Answer 47

Through a computer service at a central office.

Question 48

How many people are summoned for jury service?

Answer 48

More than 12.

Question 49

Why are more than 12 people summoned for jury service?

Answer 49

Most courts have multiple courtrooms and some people may be disqualified or excused.

Question 50

How long does jury service typically last?

Answer 50

Approximately 2 weeks.

Question 51

Can jury service last longer than 2 weeks?

Answer 51

Yes, if the case is complicated.

Question 52

What is jury vetting?

Answer 52

Process of checking if potential jurors are suitable before they arrive in court.

Question 53

What are the 2 types of jury vetting?

Answer 53

DBS checks and authorised jury checks.

Question 54

What is the purpose of DBS checks for jurors?

Answer 54

To eliminate potential jurors who are disqualified.

Question 55

What is an authorised jury check?

Answer 55

A background check that includes potential jurors' political aligning.

Question 56

Who issued guidelines on political vetting and when?

Answer 56

The Attorney-General issued guidelines in 1980.

Question 57

When is political vetting of jurors allowed?

Answer 57

In exceptional cases involving national security, where some evidence may be given in secret.

Question 58

Who must give permission for political vetting to occur?

Answer 58

The Attorney-General.

Question 59

How are jurors selected at the start of a trial?

Answer 59

15 jurors are brought in and the clerk randomly calls out 12 names. Once chosen, they're sworn in.

Question 60

Can the prosecution and defence challenge jurors?

Answer 60

Yes, both can object to certain jurors?

Question 61

Why might a juror be challenged?

Answer 61

3 main reason: - Challenging to the array. - Challenging for cause. - Prosecution right to stand by.

Question 62

What is 'challenging to the array'?

Answer 62

Under the Juries Act 1974, the entire jury can be challenged if it was chosen in a biased or unrepresentative way.

Question 63

Give an example of challenging to the array.

Answer 63

Romford - 9/12 jurors came from Romford, 2 living on the same street. The jury was challenged for being biased.

Question 64

Can a jury be challenged for not being multiracial?

Answer 64

No, as long as the jurors were selected randomly, it can't be challenged just for not being multiracial.

Question 65

What does 'challenging for cause' mean?

Answer 65

Challenging a specific juror for a valid reason, like if the juror knows someone involved in the case.

Question 66

Give an example of challenging for cause.

Answer 66

R v Wilson & Sprason - police officer's wife was on a jury for a case involving prisoners from her husband's prison. The conviction was quashed.

Question 67

What is the 'prosecution right to stand by'?

Answer 67

Prosecution (only) can push someone to the back of the juror list so they won't be chosen. No reason is needed, used rarely.