Criminal courts and lay people

Magistrates: Initial Trial- Summary Offences or Either way offence. Deal with arrest and search warrants, bail, sending for trial hearings.Youth Court. 

Crown Court: Initial Trial- Either way offence or Indictable offence. 

Court of Appeal: Criminal Division- Court of Appeal will allow appeal and possibly new trial if it considers the conviction unsafe. 

Supreme Court: Made on if law is public importance. 

• No legal Qualifications
• 18-65 yrs 
• Live in the Local Area
• lived in the uk from age 13 from at least 5 years 
• any nationality 
• declare convictions- any minor convictions such as speeding ticket fine
• 6 characteristics: Social awareness, Good Communication, Honesty, Have Mature and Sound Temperament, sound judgement Commitment and reliabiliy.
• Can't be a magistrate if you are in a job such as the armed forces or the police might be a conflict of interest. Also if family member is in such position.

• Advertisement of position in Local area (both at court+online)
• Local awareness days
• Application 
• Local advisory committee select for interviews 
• 1st interview is checking for the personal qualities 
• 2nd interview senario based and background checks 
• Local advisory committee make reccomendations to the Lord chancellor who appoints on behalf of the Queen. 

• Preliminary training: visits to prisons, reading, youth offenders, probation service and court observations.
• Core training: Area of law
• Shadow experienced magistrate 
• mentor for 12-18 months 
• regular progress checks 
• refresher training- any changes in the law or sentences 
• specialist training after 2 years- in youth or family branch.

• 18-69 years old 
• lived in the uk after 13 yrs old for at least five years. 
• any nationality 
• Can't do it if been convicted of any sentence in the past 5 years
• Can't do it if they have been convicted of a sentence over 10 years 
• Can't do it if for mental health issues or are on bail. 

Deferal: Delay jury service but have to do it in 12 months

• may have had a pre booked holiday, medical appointment or exam. 

Excusal: Do not have to do Jury service

• may be in a particular job such as surgeon or doctor where you cannot be replaced

Discretionary refusal: Can refuse to do it

• over 65 yrs 
• In the armed forces 
• Done jury service in the past 2 years. 

• Arrive at court
• Show ID (prove they are whom they say they are)
• shown video on what will happen 
• wait to be called 
• generally 15 jurors will be called to each case- only 12 chosen for the case, gives leway to deselect any people.
• 12 chosen are sworn in (by oath or affirmation)
• Hear evidence 
• Ask questions and make notes 
• Judge will summarise the case
• Jurors go to a private room to discuss evidence and make a verdict 
• Unanimous decision 
• Go back into court- The chair person of the group will announce the verdict 
• Judge will dismiss the jury and announce sentencing. 

• Magistrates give the public a role- balance between the state 
• Local knowledge- DPP 
• Private room make decision- No outside influence 
• Jurors do not give ratio decidendi- may be difficult decision but they do not need to explain it 
• They are given legal advise on points of law
• Representative of society 
• 12 jurors- range of opinion 
• Magistrates have training/expertise 

• Private room- Re Steven Young- Do not know what happens inside the room 
• Lack of legal knowledge
• Jurors may not want to be there 
• Might be bias within the group- dominance 
• Magistrates- arguably not representative: they are volunteers, so people who can afford to not be paid to work and can afford the time 
• Risk of influence from a legal adviser 
• Jurors may find cases distressing 
• Magistrates might become case hardened- may make assumptions.