1. Criminal Courts and Lay People - Revision

2. Past Exam Questions Knowledge and Understanding: Evaluation:
Outline both of the following – the trial and appeal courts that can hear adult criminal cases and the types of cases dealt with by these courts
Discuss the process of qualification, selection and appointment of lay magistrates
Discuss the qualifications for appointment as a lay magistrate and briefly explain the training undertaken by a lay magistrate after appointment
Explain the work of lay magistrates in criminal cases
Describe the role of lay magistrates when dealing with an either-way offence
Describe how jurors qualify and are selected for jury service
Explain the role of jurors in a Crown Court trial
Evaluation:
Discuss advantages of using lay persons (juries and lay magistrates) in criminal courts
Discuss disadvantages of using lay persons (juries and lay magistrates) in criminal courts
Discuss the disadvantages of either jurors or lay magistrates
Discuss the advantages of either lay magistrates or jurors

3. Outline both of the following – the trial and appeal courts that can hear adult criminal cases and the types of cases dealt with by these courts
All of the following:
Outline of trial and appeal courts:
Magistrates Courts and Crown Courts as trial courts
Crown Court, Court of Appeal (Criminal Division) and Supreme Court as appeal courts
Outline of types of cases dealt with:
Summary offences
Either way offences
Indictable only offences

4. Trial Courts for Adult Criminal Cases
Magistrates’ Court
Case heard by:
District Judge; or
3 Magistrates assisted by a legal advisor
Crown Court
Case hear by:
Jury of 12 lay people who decide on facts and verdict of guilty/not guilty
Judge who directs jury on issues of law and carries out sentencing

5. Appeals for cases from the Magistrates’ Court
Court for Initial Trial – Magistrates’ Court
*Crown Court (against conviction or sentence)
Court of Appeal (Criminal Division)
Supreme Court

6. Appeals for cases from the Crown Court
Court for Initial Trial – Crown Court
Court of Appeal (Criminal Division)
Supreme Court

7. Three different classes of Criminal Offence:
Summary offences – minor offences – can only be tried in Magistrates’ Court – e.g. assault
Either way offences – may be tried in either Magistrates’ Court or Crown Court – e.g. theft
Indictable offences – serious offences that can only be tried in a Crown Court – e.g. murder

8. Discuss the process of qualification, selection and appointment of lay magistrates
Need all 3 of the following:
Qualification
Selection
Appointment

9. Qualifications No special qualifications
Aged between 18 and 65 (have to retire at 70 and expected to serve at least 5 years)
Courts Act 2003 – expected to live or work within or near the local justice area to which they are allocated
Must be willing to take Oath of Allegiance
Must be able to sit for at least 26 half days a year
Candidates make formal application either in response to an advert or by making an enquiry through the Government website
In recent years, a number of younger magistrates have been appointed including a 21 year old DJ in Horsham and a 19 year old law student in Pontefract, though majority are much older.
Disqualified groups: police officers, traffic wardens, probation officers, and members of their immediate families; members of armed forces, people with certain criminal convictions, and undischarged bankrupts

10. Qualifications – Key personal Qualities
Good character – personal integrity, keeping confidences, respect and trust of others
Understanding and communication –understand documents, identify facts, follow evidence, concentrate for long periods
Social awareness – appreciation and acceptance of the rule of law, respect for people from different ethnic, cultural or social backgrounds, understanding of local community
Maturity and sound temperament –awareness and understanding of people, sense of fairness, humanity, courteousness
Sound judgement - think logically, weigh arguments, come to sound decisions, open mind, objective, recognising and controlling prejudices
Commitment and reliability – committed to serving the community, making time commitments, willing to undergo training, in sufficiently good health, have support of family and employer

11. Selection
Need to show the key personal qualities in application and interview
Applicants complete a standard application form
Local Advisory Committee arranges interviews for shortlisted candidates after references have been checked. There are 2 interviews:
1st – examines candidate’s character
2nd – comprises sentencing and trial exercises – assesses candidate’s judgement

12. Appointment
Justices and Peace Act 1997, as amended by Courts Act 2003 – Lay Magistrates are appointed by the Lord Chancellor on the advice of county local advisory committees
After interviews – potential appointees reviewed by the local advisory committee to ensure that a balanced bench can be achieved (age, gender, ethnic background, occupation)
Background checks are carried out
Committee submits recommendations to Lord Chancellor who usually accepts them and makes the appointment
Final stage – “swearing in” of new magistrates by a senior circuit judge
On appointment, all magistrates receive initial training before sitting in court and ongoing training for the first 18 months

13. Discuss the qualifications for appointment as a lay magistrate and briefly explain the training undertaken by a lay magistrate after appointment
Qualifications:
Age
Key personal qualities
Disqualified/ineligible groups
Training:
Judicial Studies Board and Court Clerk
Initial Compulsory Training
Initial Mentoring
On-going training and appraisal

14. Qualifications No special qualifications
Aged between 18 and 65 (have to retire at 70 and expected to serve at least 5 years)
Courts Act 2003 – expected to live or work within or near the local justice area to which they are allocated
Must be willing to take Oath of Allegiance
Must be able to sit for at least 26 half days a year
Candidates make formal application either in response to an advert or by making an enquiry through the Government website
In recent years, a number of younger magistrates have been appointed including a 21 year old DJ in Horsham and a 19 year old law student in Pontefract, though majority are much older.
Disqualified groups: police officers, traffic wardens, probation officers, and members of their immediate families; members of armed forces, people with certain criminal convictions, and undischarged bankrupts

15. Qualifications – Key personal Qualities
Good character – personal integrity, keeping confidences, respect and trust of others
Understanding and communication –understand documents, identify facts, follow evidence, concentrate for long periods
Social awareness – appreciation and acceptance of the rule of law, respect for people from different ethnic, cultural or social backgrounds, understanding of local community
Maturity and sound temperament –awareness and understanding of people, sense of fairness, humanity, courteousness
Sound judgement - think logically, weigh arguments, come to sound decisions, open mind, objective, recognising and controlling prejudices
Commitment and reliability – committed to serving the community, making time commitments, willing to undergo training, in sufficiently good health, have support of family and employer

16. Initial Training Organised by Judicial Studies Board
Carried out locally often by Court Clerk
On appointment, all magistrates receive initial compulsory training before sitting in court – intensive induction course to familiarise them with court procedures and theory and practice of sentencing
Training is based on competencies – skills magistrates need to develop:
Managing yourself – preparing for court, conduct in court, ongoing learning
Working as a member of a team – team aspect of decision making in MC
Making judicial decisions – impartial and structured decision-making

17. Ongoing Training
Initial Training – as per previous slide. Before sitting in court. Then new magistrate sits with 2 experienced magistrates
Mentoring – specially trained experienced magistrates act as mentors and support the core training magistrates receive in their first year
Core Training – further training during the first year
Consolidation Training – at end of first year – builds on learning from court sittings and core training
First Appraisal – months after appointment – if successful magistrate is deemed to be fully competent
Magistrates in Youth Court or Family Court receive additional training
Chairperson – training in managing judicial decision-making –focuses on working with the clerk, managing the court and ensuring effective, impartial decision-making

18. Other Combinations Could also be any combinations of: Qualification
Selection
Appointment
Training

19. Explain the work of lay magistrates in criminal cases
At least 3 of:
Initial matters - bail and custody, granting/extending Legal Representation orders
Trial of summary/either way offences – hear evidence, decide guilt/innocence, decide sentence. Taking advice of legal advisor
Sending serious cases (indictable or either way offences) to Crown Court for trial or sentence (either way offences)
Other Functions - Sit on appeals in Crown Court, issue search or arrest warrants, Youth Court

20. Initial Matters Hear applications for bail under Bail Act 1976
Have the power to grant or extend Legal Representation Orders

21. Trial of Summary and Either Way Offences
Try 97% of all criminal cases
Sit as a bench of 3 Magistrates
Hear evidence from defence and prosecution
Decide guilt or innocence – decide the facts and interpret the law
Either a unanimous or majority decision
Decide on the sentence
Maximum term of imprisonment – 6 months for a single offence, 12 months for multiple offences
Maximum fine - £5000
Advised on points of law and their sentencing powers by legally qualified legal advisors

22. Sending Serious Cases to Crown Court
Deal with preliminary matters for Indictable offences and Either Way Offences which are to be sent to the Crown Court
Commit all indictable cases and many either way cases for trial in CC
Can send Either Way Offences to Crown Court for sentence if they feel sentencing powers are inadequate

23. Other Functions Issue search and arrest warrants
Authorise extension of custody to a maximum of 96 hours
Sit on appeals in the Crown Court with a Circuit Judge
Youth Court – staffed by magistrates – must receive additional specialist training

24. Describe the role of lay magistrates when dealing with an either-way offence
All 3 of:
Pre-trial
Trial as summary offence
Post-trial – deciding sentence with reference to maximum sentencing powers, committing case to Crown Court for sentence if their powers are insufficient

25. Pre-Trial All either-way cases start in the Magistrates’ Court
Defendant (D) gives an indication of how he will plea – called a plea before venue
If D pleads guilty:
Sentenced at the Magistrates’ Court; or
Magistrates send case to the Crown Court for sentencing if they feel their sentencing powers are insufficient
If D pleads not-guilty, decision made about whether the case is heard in the MC or CC.
Magistrates decide if they have jurisdiction (whether it is the type of case it would be appropriate for them to try)
D chooses which court they want to be tried in
If Magistrates decide they don’t have jurisdiction, case is sent to CC for trial
If D chooses CC, case is sent to CC for trial
If both Magistrates and D choose to have case heard in Magistrate’s court, it is heard like a summary offence
Either a trial date will be fixed there and then, or else the case will be adjourned for a period of weeks for a pre-trial review
Pre-trial review (if there is one) – magistrates fix a date for the trial taking into account the availability of the witnesses and likely length of the trial
If case is adjourned for any reason, magistrates make a decision on bail or custody
Magistrates make a decision on funding for D

26. Trial as a Summary Offence
Sit as a bench of 3 Magistrates
Hear evidence from defence and prosecution
Decide guilt or innocence – decide the facts and interpret the law
Either a unanimous or majority decision
Advised on points of law and their sentencing powers by legally qualified legal advisors

27. Post Trial Decide on the sentence
Maximum term of imprisonment – 6 months for a single offence, 12 months for multiple offences
Maximum fine - £5000
Can commit to Crown Court for sentence if they feel their sentencing powers are insufficient

28. Describe how jurors qualify and are selected for jury service
Need all 3 of the following parts:
Qualification
Reasons for not qualifying
Selection (include briefly challenging and vetting)

29. Qualifications
Juries Act 1974, as amended by Criminal Justice Act 1988
Between 18 and 70
On the electoral register
Resident in the UK, Channel Islands or Isle of Man for at least 5 years since the age of 13

30. Reasons for Not Qualifying
Exclusions
Disqualification – Criminal Justice Act 2003:
Custodial or community sentence within the last 10 years
Imprisonment for 5/more years – life-time disqualification
On bail
Ineligibility
Criminal Justice Act 2003 – those suffering from a mental illness who are resident in hospital or have regular treatments by medical practitioner
Excusals as of right
65-70.
Clergymen, lawyers, police officers, judges can all be jurors
Excusals at the court’s discretion
Limited understanding of English, students doing public examinations, parents with childcare commitments or problems, people with prior commitments e.g. booked holidays – may be excused
Likely to be deferred rather than cancelled
Full-time members of armed forces may be excused if commanding officer certifies that their absence from duty would be prejudicial to efficiency of service
Those who have served in the last 2 years
MPs

31. Selection
Jury Summoning Officer arranges for potential jurors’ names to be picked at random from the electoral register by the Jury Central Summoning Bureau
At court, 20 are chosen randomly by the Jury Usher for a particular trial – they are the “jury in waiting”
In court - they are told the name of D and asked if they know him/her – if they do they leave the courtroom and return to the jury pool to be used for another trial
Final random selection process takes place and 12 jurors selected for a jury and sworn in

32. Challenging and Vetting
“Stand by for the Crown” – only used to remove a “manifestly unsuitable” juror
“For Cause” – when a juror is personally known by D.
“Challenge to the array” –challenge the whole jury panel – on the grounds that the Summoning Officer is biased or has acted improperly.
Vetting
Conducted by Prosecution with the written permission of the Attorney General
Check list of potential jurors to see if anyone appears “unsuitable”
Exceptional circumstances e.g. cases involving terrorism, the Official Secrets Acts and “professional” criminals

33. Explain the role of jurors in a Crown Court trial
Need all 4 of:
General role
During the hearing
Judge’s summing up
Deliberation

34. General Role Used in all Crown Court cases where D pleads not guilty
Weigh up the evidence and decide what the true facts of the case are
Judge directs them as to what the relevant law is and they must apply that law to the facts that they have found and reach a verdict
Partnership – Judge acts as “master of the law” and jury acts as “master of the facts”.
Jury has sole responsibility for determining guilt

35. During the Hearing Listen to evidence of prosecution and defence
Listen to cross examination of witnesses
Listen to summing up of prosecution and defence at the end of the evidence
May take notes.
Have the opportunity to question witnesses through the judge

36. Judge’s Summing Up
At the end of the case judge summarises the evidence and directs the jury on relevant legal issues.
In complicated cases, judge also provides a structured set of questions to assist the jury in its deliberations

37. Deliberation After the hearing, jury go to a private room
No access to mobile phones/computers
They choose a foreperson amongst them to lead the discussion and present the verdict
They try to reach a unanimous verdict
If they jury does not return with a unanimous verdict after a minimum period of 2 hours and 10 minutes, judge may recall it and advise that a majority verdict may be made
Criminal Justice Act 1967 – majority verdicts of at least 10 out of 12 agreeing are allowed
Discussions in jury room are secret – no one but the 12 members of the jury are present
Contempt of Court Act 1981 – jury members who reveal information about what went on in jury room risk imprisonmentforeperson announces verdict in public
Jury returns to courtroom and
Jury has no role in sentencing – that is the job of the judge

38. Discuss advantages of using lay persons (juries and lay magistrates) in criminal courts
At least 3 points
Do not refer to lay people generally – each advantage should be specifically about either juries or lay magistrates
At least one advantage must be about juries and one about magistrates

39. Discuss disadvantages of using lay persons (juries and lay magistrates) in criminal courts
At least 3 points
Do not refer to lay people generally – each disadvantage should be specifically about either juries or lay magistrates
At least one disadvantage must be about juries and one about magistrates

40. Discuss the disadvantages of either jurors or lay magistrates
Stick to either jurors or magistrates

41. Discuss the advantages of either lay magistrates or jurors
Stick to either jurors or magistrates

42. Advantages of Magistrates
Cost – magistrates are volunteers so a generally cost-effective system. In , magistrates’ expenses = £15 million. To pay professional judges to deal with all criminal cases would cost at least £100 million each year, and switching to CC trials (judge and jury) would be even more expensive
Local Knowledge – usually live within a reasonable distance to court, may provide a better-informed picture of local life than judges. E.g. in Paul v DPP, case involving “kerb-crawling”, Appeal Court said that the local knowledge of magistrates made it appropriate for them to hear the case
Representative in terms of gender and ethnicity – almost half magistrates are female and 8.5% from ethnic minorities – roughly reflects the general population. But they are not representative in terms of age or class
Speed in bringing cases to court – most Ds appear before Magistrates within 24 hours of arrest for preliminary hearing. Those summoned to court tried within a few months. CC trials often start a year after D arrested and charged. E.g riots – Magistrates’ Courts stayed open overnight and on weekends to provide “instant justice” which would not have been possible in CC

43. Disadvantages of Magistrates
Inconsistency – inconsistency in decision making of different benches. Research confirmed that some benches are more likely to impose a custodial sentence then neighbouring benches for similar offences. E.g Lincolnshire – 4% of Ds sentenced to immediate custody compared to 14% in Humberside. In 2001 – 21% of those convicted of driving whilst disqualified in Neath, South Wales sent to prison, compared to 77% in mid-north Essex
Biased towards police – police officers are frequent witnesses in MC cases and become well known to magistrates. Argued that this results in an almost automatic tendency to believe their evidence. E.g. – Bingham Justices ex p Jowitt – speeding case, only evidence that of motorist and police officer, the chairman of the bench said where there was a direct conflict between D and the police, his principle was to always believe the police
Case-hardened – magistrates hear far more cases than jurors – might become case- hardened and cynical about any defences put forward. Conviction rates in MC higher than CC, but should be noted there are few successful appeals from decisions of Magistrates – less than 1%
Unrepresentative – disproportionately white, middle class, professional and wealthy - approx. 2/3 have professional or managerial backgrounds, only 4% under 40, over 50% are over 60. Majority of Ds are young from lower socio-economic backgrounds – so trial by Magistrates not trial by “peers”

44. Advantages of Juries
Layman’s equity – jury acts as a check on the power of Government and protects against unjust or oppressive prosecution by reflecting a community’s sense of justice – e.g. cases dealing with political and moral controversy. Jury has the power to acquit even if D is clearly guilty:
Ponting – a civil servant believed the Government were deliberately misleading the Commons and the public about the sinking of an Argentinian warship, sent documents to an MP who he knew would be shocked. Ponting was prosecuted under the Official Secrets Act 1911 but was acquitted by the jury – not because he wasn’t guilty but because the jury refused to convict him.
Kronlid – protesters caused £2m of criminal damage and made no attempt to escape or hide the damage. Their defence was that they were acting as a last resort – jury acquitted them even though the evidence was clear that they were guilty.
Owen – jury showed sympathy by acquitting a father who injured his son’s killer despite the strength of evidence

45. Advantages of Juries
Public Participation – allows the ordinary citizen to take part in the administration of justice – verdicts seen as those of society rather than the judicial system – satisfies the constitutional tradition of judgement by one’s peers. Lord Denning described jury service as giving “ordinary folk their finest lesson in citizenship”
Better decision making – most cases come down to points of identification and witness credibility. More likely to be decided correctly as a result of discussion between 12 unbiased and legally unqualified people than by a single judge. Also, because most jurors only sit once in criminal trials, they are not “case-hardened” and take responsibility seriously
Independence – decisions have to be made without outside influence. Bushell’s Case (1670) ensured that a judge can’t interfere with a jury’s decision making.

46. Disadvantages of Juries
Lack of competence – particular concern raised about the average jury’s understanding of complex fraud cases. Roskill Committee concluded that trial by random jury was not a satisfactory way of achieving justice in such cases since many were “out of their depth”. Because of inexperience or ignorance jurors may rely too heavily on what they are told by lawyers at the expense of the real issues. Evidence from New Zealand 1999 suggested jurors had serious problems understanding key legal terms like “Intention” and “beyond reasonable doubt”
Jury Nobbling – an attempt made by means of threats or bribery to persuade a juror to return a not-guilty verdict. In 1982 several Old Bailey trials had to be stopped because of attempted nobbling. Criminal Procedure and Investigation Act 1996 introduced new offence of intimidating or threating to harm jurors. Criminal Justice Act allows a judge to hear a case without a jury if there have been problems with previous nobbling – happened in Twomey

47. Disadvantages of Juries Cont.
Cost and efficiency – jury trials in CC more expensive than trials in MC. Cost of lawyers, judges and other court personnel is higher and case will last longer because of need to sum up evidence for jury
May decide unfairly – jurors do not have to give reasoned verdicts and jury deliberations are secret – can lead to suspicion that some jurors may not decide on the evidence on the case alone. Only find out what happens in the jury room if one juror complains which leads to a retrial. Cases where there is a great deal of media publicity – can be argued juries are more likely to be “swayed” than judges:
West – D, convicted for the murders of ten young girls and women, as well as her own daughter. Media coverage was extreme. Although understandable the media would have considerably influenced the jurors trying the case who gave a verdict of Guilty.
Young – jury consulted a Ouija board.
In 2011 one juror, Theodora Dallas, researched the internet to discover the past criminal record of the D
Perverse Verdicts – see the advantage of Layman’s equity and cases like Ponting, Owen and Kronlid – juries had the power to acquit these Ds even though they probably thought they were guilty