Legal personnel

Name all legal personel

- lay magistrate

- juries

- lawyers

what legislative provisions concern the magistrates court?

- Courts Act 2003

- Justices of the peace Act 1979

is there a legal requirement to be a lay magistrate?

No.

what formal requirements are there to be a lay magistrate?

- age 18-65 upon appointment

- fine with unpaid work

- preferable o live or work wear the justice area they are allocated to

- able to commit to sitting 26 days per year

how many lay magistrates are there under 40?

4%

What is the maximum a lay magistrate should sit per year?

70 times

Name the judicial qualities preffered for a lay magistrate

- understanding and communication

- maturity and sound judgement

- commitment and reliability

- good character

what does understanding and communication mean in context of being a lay magistrate?

- ability to understand documents

- identify reIevent facts

- follow evidence and arguments

- an ability to concentrate on cases for long periods

- communicate effectively with different people

what does social awareness mean in context of being a lay magistrate?

- appreciation and acceptance of the rule of law

- understands the community they're serving in

- have to tell respect of people from different backgrounds, religious beliefs, gender etc.

what does maturity and sound temperament mean in the context of being a lay magistrate?

- ability to relate to and workwith others

- has respect for views of others

- willingness to consider advice

- has confidence and a sense of fairness

what does sound judgement mean in context of being a lay magistrate?

- ability to think logically

- have common sense

- can weigh arguments

- can reach a balanced decision

what does commitment and reliability mean in context of being a lay magistrate?

- commitment to serve the community

- willingness to undertake at least 26 haIf day sittings a year

- undertake the required training

- have sufficiently good health

- ensure commitment to all the above

what does good character mean in context of lay magistrate?

- having respect

- trusting others respect forconfidences

- willingness

What makes you illegible to become a lay magistrate?

-being a member of the forces

- Serious criminal conviction

- being an undischarged bankrupt

- having an incompatible job

- being related to a person in the case

- having relatives working in the LOCAL criminal justice system

How is training organised for new magistrates?

Her majestys courts and tribunals service

Who is training delivered by?

Local justice clerks and legal advisors

What happened in 1999 in relation to magistrates?

Magistrates New Training Initiative

What did the Magistrates New Training Initiative do?

- replaced previous training with a structured approach to competences, appraisals, personal development

-aim to professionalise magistracy

- ensure consistent, high-quality, judicial decision-making

What is the Magistrate New Training Initiative criticised for?

- inconsistent implementation and complexity in EARLY YEARS

What is the judicial college responsible for in relation to lay magistrates?

- Overseeing and guiding national training of magistrates in England and wales

Is the judicial college part of the judicial office? who's authority is it under?

Yes; Lord chief Justice of the judiciary (designs and directs training)

what will lay magistrates complete during training?

- police/prohibition visits

- e-learning

- court observations

what are lay magistrates competences?

- ability to make fair and impartial decisions

- understand different perspectives

- communicate effectively

- work professionally in a team setting

- demonstrate sound judgement and good character

List the order of training for lay magistrates

- initial training

- Mentoring and revies

- core training

- consolidation training

- First appraisal

- ongoing training and development

What are competences in context of lay magistrate training?

- essentially a description of what a magistrate needs to know / needs to be able to do to fulfill the role

- checklist of observable behavior / level of knowledge

- covers each courtroom role

what does initial training cover in context of lay magistrates?

- introductory training on role basics

- sit in court with two other experienced magistrates

what does mentoring cover in context of lay magistrates?

- specifically trained magistrates mentor to guide through first months

what does core training cover in context of lay magistrates?

- visits to penal institutions or observations to take place to equip magistrates with key knowledge

- given core workbook for further optional self-study

what is consolidation training in context of lay magistrates?

- builds on the learning from sittings and core training

- help magistrates plan for ongoing development and to prepare for first appraisal

what is the first appraisal in context of lay magistrates?

-12-18 months post-appointment where mentor and mentee agree they're ready the new justice is appraised

- another trained magistrate appraiser sit as part of bench and observes if competent

what is ongoing training and development in context of lay magistrates?

- continue training throughout magisterial career

- appraisals take place every 4 years to ensure competency is maintained for the court they sit

- appraisals take place every 2 years for presiding justices

- continuation training takes place once every three years

- update training on new legislation and procedures is delivered as required

What age are most people in bench composition?

45-65

how much of the bench composition are women?

40.53% ~ 41%

what is the 'traditional image' of the bench composition?

middle class, middle aged, and middle minded

which job rank are most people from in the bench composition?

professional & managerial

what percent of the bench is ethnic minorities?

10%

what percent of the bench have a disability?

5%

What are the criminal duties of a lay magistrate?

- try cases and deal with at least a preliminary hearing

- judges of fact and law

- usually impose the sentence

what percent of cases do lay magistrates try?

97%

which offences do lay magistrates try and deal with?

- summary

- eitherway

- indictable

What do preliminary hearings involve?

- remand/bail

- early administrative bearings

- mode of trial and committal proceedings

what do lay magistrates do in youth court?

- special panel deals with young offenders 10-17

what can lay magistrates do in crown court?

- sit in with a judge to hear appeals from the magistrates court

What are the advantages of lay magistrates?

- cost effective → unpaid volunteers → saving money

- community involvement → live /work locally → community values/local knowledge

- team decision-making → heard by 3 magistrates → reduce bias /allow broad perspective

what are the disadvantages of lay magistrates?

- lack of Iegal expertise → no formal training → affects quality/ consistency of decisions

- possible bias/ lack of diversity → don't represent society fully

- bias toward prosecution → bras to police account → can lead to people becoming disillusioned with justice system

what was included in the 1215 Magna Carta? think juries babs ♡

- persons right to trial by "the lawful judgement of his peers"

Where are juries used?

Crown court

What percent of criminal trials do juries try?

2%

what happens in the process of selection for a juror?

- selected at random from electoral register and summoned to court

- summoned individuals in a smaller group randomly chosen to enter the courtroom

- court clerk randomly selects the 12 jurors who will serve from a group of 15

can there only be 12 jurors?

no, there can be more or less depending on trial length

Why is the jury randomly selected?

- ensures the jury is representative of community

- independant

- promote fairness and impartiality in the justice system

how old do you need to be to be a juror? How old do you need to be to be excused from jury duty?

18

75

why was the age you are excused from duty raised? the act

Criminal Justice and Courts Act 2015

what conditions do you need to meet to be a juror?

- 18→75

- on the electoral register

- lived in the UK minimum of 5 years since 13

which act allowed justice officials (police, judges, lawyers) eligible to serve as jurors?

- Criminal Justice Act 2003

Why may a person be disqualified from jury service?

- criminal conviction (serious or recent sentences of imprisonment)

- holding a certain job (Lawyer)

- inability to understand proceedings due to capacity or impartiality

- Bail

- specific mortal health disorders

- not being a citizen

- ask to be deferred to a later date

Why may a juror request to be deferred?

- pre-booked holiday

- illness

what is the punishment for faliure to attend jury service?

- fine of up to £1000

how long does most jury services last?

2 weeks or 10 days

during jury service how many trials do they sit?

1

how long can a trial run and at what point are jurors told?

- days to months

- juror told if trial is longer than 10 days

how does a trial work for jurors? hint: think what others in the court do which is directed AT the jury

- the court clerk reads out the charges before the trial begins

- prosecution and defence make closing speeches to surmise cases, highlight key points and arguments, explain why they belive the verdict should be in their favour

- judge gives directions on the law, surmarices evidence, addresses any legal or Factual issues, and maintains impartiality before the jury decides the verdict

can the jury disclose or discuss any aspects of trial with people not on the jury?

No.

What do the jury do to reach their verdict?

- reach it in the jury room and use their notes on exhibits from the trial

- communicate with court by sending written questions to the judge through the court registrant or foreman

what purpose does the jury room serve

- private location where the jury is kept isolated from outside contact to ensure impartiality and prevent prejudice

What is the forepersons role?

- chairs jurys discussion during deliberation

- reads the verdict in court

- selected by jury to lead discussions

- ensure all evidence and judge instructions are considered before jury reach a decision

Do jurors have to agree unanimously?

No, if there is a jury of 12, you only need 10 for a majority. If the jury is 9 or less than unanimity is needed

what happens if jurors cannot agree in a criminal trial?

- judge discharges jury = "hung jury"/mistrial

- prosecution can retry case with a new jury

- judge directs dury to find defendant not guilty = direct acquittal

Does the jury have sentencing powers?

No, only the judge does and will determine the sentence once the jury decides the verdict

what is jury secrecy?

Jurors must keep deliberation secret

which act made violating jury secrecy illegal?

Criminal Justice and Courts Act 2015

what does the Criminal Justice and Courts Act 2015 say?

offence to intentionally obtain, disclose, or solict any particulars of statements made, opinions expressed, arguments advanced, or votes cast by members of the jury

, what is the name of the offence when jury secrecy is broken?

jury misconduct

What cases are relevant for jury secrecy?

- Attorney General v. Dallas 2012 → investigated D's background and shared it with jurors leading to trial discharge

- R v. Young 1995 → ouija board to "communicate" with supposed victims

what are the advantages of juries? why?

- public confidence → 80% have more confidence in peers than judge

- open system of justice → decision made by society rather than judiciary

- lay equity/ fairness in decision making → based on conscience and fairness rather than only the law → R v Ponting 1985

- impartiality and independence of jury → has complete indepence so can return verdid without consequence and verdict will stand even if judge disagrees → Bushell → impartial as selected at random and disconnected from anyone in case → challenging procedure means lack of bias and are suitable for the case

what happened in R v Ponting 1985?

D was clearly gui lty of leaking state secrets but leak was in public interest → jury refused to convict and put D above state interests

what are disadvantages of juries? why?

- perverse verdict → jury make decision not in accord with law but reflects own views of fair and just → R v Ponting 1985 → R v Kronlid 1996 → R v Owen 1992

- use of internet and media → coverage may influence jurors especially in high-profile cases → Attorney General v Dallas 2012 → Rosemary West → 2010 Ministry of justice report

- lack of understanding → complex cases of fraud cases

What happened in R v Kronlid 1996?

4 women damage fire jet preventing sale to Indonesia (oppression in East Timor) → defence of necessity as criminal damage to prevent greater harm → jury acquitted as actions "morally correct"

What happened in R v. Owen 1992?

acquitted via jury sympathy → D shot man Who killed his son in a hit-and-run

what did the judge say about Rosemary West?

directed jury to ignore media

What does the 2010 Ministry of justice report say?

- 75% of jurors Jurors are aware of media coverage of their case

- 66% of jurors don't understand judge directions on law

Name the 3 types of lawyers we look at.

- Barristers

- Solicitors

- Legal Executives

which lawyer does more advocacy work?

solici tors

What percent of criminal cases are tried in magistrates where defence and prosecution are solicitors?

97%

which lawyer does most advocacy in higher courts?

barristers but solicitors who have right of audience can do some

with an advocacy qualification what can barristers become?

QC

what do you need to qualify as a solicitor?

- have a degree or equivalent qualification

what counts as a different equivalent qualification?

level 7 solicitor apprenticeship

during the solicitor apprenticeship what do people need to pass?

pass Solicitor Qualifying Examinations (SQE 1 and SQE 2)

what does the solicitor apprenticeship enable?

- replaces traditional training contract

- 2 years full-time qualified work experience

what happens once a solicitor is qualified?

entered onto Roll of Law Society and then they will be entitled to practice

how many areas of work do solicitors specialise in ?

one, though large firms may have several specialist departments

What are the key roles of solicitors?

- first point of contact for clients for actual/potential legal problem

- provide general legal advice to clients in criminal matters

- right of audience → tribunal, magistrate, youth, county, coroners courts

What can actual or potential legal problems be divided into?

- contentious (legal disputes)

- non-contentious (no disagreement but want to ensure legal interests are protected)

What offences do solicitors deal with in areas they have a right of audience in?

either-way offences

Where do solicitors NOT have a right to audience?

- crown court

- high court

- court of appeal

- supreme court

how do solicitors obtain a right of audience in senior courts?

- additional advocacy training

- assessed to become a solicitor advocate

When was the right to audience in senior courts for solicitors obtained?

- Courts and Legal Service Act 1990

- extended in Access to Justice Act 1999

what can solicitors assist clients with?

- bail application

- pre-trial matters in magistrates court (+ Crown court if solicitor advocate)

What is included in preliminary work for a solicitor?

- interviewing witnesses

_ preparing documents

- provide general support to barrister