Ciminal Courts and Lay People

The magistrate courts hear:

• all summary cases
• some triable-either-way cases
• sending indictable cases to the crown court
• dealing with bail
• issuing search and arrest warrents

Magistrates have special training for:

• youth courts
• family courts

The crown court deals with:

• triable-either-way cases from the magistrates
• indictable cases
• cases that the magistrates feel their sentencing powers are not higher enough
• appeals from the magistrates

Appeals from the crown court go the the CofA which may:

• dismiss the appeal
• allow the appeal
• order a new trial

MC GUSS

M - maturity

C - commitment

G - good character

U - understanding

S - socially aware

S - sound judgment

Lay Mags must be between 18 and 65 

• People with a Criminal Record
• A member of the Armed Forces
• A Bankrupt
• Deaf or imfirm people
• Inappropriate people
• Related to a Person in the criminal legal system

Local Advisory Committee (LAC)

• made up of current, ex lay mags and non-mags
• people can apply to be part of LAC or can be nominated
• they try to achieve a local bench which covers all views

Interview Process

The first interview:

• character and personality
• tested on their views

The second interview:

• tested on their judgment skills
• given 2 cases and must discuss appropriate sentencing 

• learn basics of the role
• will sit in court with 2 other mags
• a trained mag will mentor a new mag for a few months

The new mag:

• visits prisons
• observes other mags
• given a core workbook for further study

• consolidation training builds on the sittings and core training
• first appraisal happens when they are ready 
• the mentor sits as part of the bench to monitor the new mag and decide if the new Mag meets the role
• when the new Mag is successful he/she is graded fully comptent

• continuation training once every 3 years
• appraisals take place every 3 years
• update training with new laws and procedures

Mags go through detailed training to:

• be a chairperson
• sit in the youth court
• sit in the family court

• Mags sit for at least 26 half days a year
• usually sit in threes 
• they start 100% of criminal cases
• they hear 95% - summary offences and less serious offences
• they pass 5% to crown courts - more serious offences and indictable offences

Areas of work:

• bail and bail conditions
• issue search and arrest warrents
• family court
• youth court

• Retirement - Mags must retire at 70
• Removal - lack of standards, compentence or misbehaviour

• cross section of society
• local knowledge
• cost are kept low
• training has improved so Mags have good understanding
• fewer appeals to Crown court

• middle aged, middle classed, middle minded - only 5% are under 40 and 66% are retired
• inconsitency with sentencing
• reliance on the Clerk to know the law and guide
• prosecution bias - Mags may become more likely to believe police etc rather than the D

The jury is a randomly selected group of people from the electoral register that is called to court to decide questions of fact and gives a verdict of guilty or not guilty - the crown court judge gives the sentence.

Requirements:

• must be between 18 and 75
• must be registered on the electoral register
• must have lived in the UK for at least 5 years since the age of 13

• if on bail when summoned
• anyone registered with a mental health disorder
• conviction - permanent disqualification if a life sentence of 5 years plus was given
• conviction - 10 year disqualification due to any other sentence under 5 years or suspended sentence or community order

• Deferral - can be put back to 12 months but must have a good reason
• Excusal:
• - aged over 65
• - have served on a jury in the last 2 years
• - armed forces
• - MPs
• Vetting - look inot polictical views etc
• At court - 15 people attend and 12 are picked from them

Before the 12 people are picked they are challenged by the Jurors

• to the array - whole jury can be excused
• for 'cause' - can object for a good reason

Jury's Function

• listen to all evidence
• decide on the verdict of guilty or not
• judge can advse the jury on the law

Majority Verdict

• 2 hours given to reach a decision
• a majority verdict is allowed so not everyone has to agree with the final decision
• can become a hung jury if there is no final verdict - can lead to a retrial

The Jury room and Secrecy

• only allowed notes made while in court
• any exhibit is allowed in the room
• mobiles are not allowed
• all discussed in the jury room must not be discussed outside the jury room

• public confidence
• jury independence from the judge
• open system of justice
• secrecy of the jury room
• impartiality

• lack of understanding - does not know law so need for guidence
• racial bias
• media influence
• illogical decisions
• secrecy - no one knows how or why the jury made the decision
• some evidence is horrific
• jury service is compulsory so some people do not like it