Criminal courts and lay people

Q: What are the three types of criminal offences in England and Wales?

A: Summary offences, triable either-way offences, and indictable offences.

Q: Where are summary offences tried?

A: In the Magistrates' Court.

Q: What is a triable either-way offence?

A: An offence that can be tried either in the Magistrates' Court or the Crown Court, depending on the seriousness and the defendant's choice.

Q: Where are indictable offences tried?

A: In the Crown Court.

Q: What is the maximum custodial sentence a Magistrates' Court can impose?

A: 6 months for a single offence, or 12 months for multiple offences.

Q: What is the role of the judge in the Crown Court?

A: To oversee the trial, ensure legal procedures are followed, and pass sentence upon conviction.

Q: What is the role of the jury in the Crown Court?

A: To determine the guilt or innocence of the defendant based on the evidence presented.

Q: What is the 'plea before venue' procedure?

A: A process where the defendant pleads guilty or not guilty to a triable either-way offence before the court decides on the appropriate venue for trial.

Q: What factors influence the choice of venue for a triable either-way offence?

A: The seriousness of the offence, the defendant's preference, and the Magistrates' assessment of their sentencing powers.

Q: What are the main sentencing options available to criminal courts?

A: Custodial sentences, community orders, fines, and discharges (absolute or conditional).

Q: Who are lay magistrates?

A: Volunteers from the community with no formal legal qualifications who preside over cases in the Magistrates' Court.

Q: What are the eligibility criteria for becoming a lay magistrate?

A: Aged 18–65, good character, understanding and communication skills, social awareness, maturity and sound temperament, sound judgment, and commitment and reliability.

Q: What is the role of the legal adviser in the Magistrates' Court?

A: To provide legal guidance to lay magistrates on points of law and procedure.

A: Cost-effective, local knowledge, and community involvement in the justice system.

Q: What are the disadvantages of using lay magistrates?

A: Potential for inconsistency in sentencing, lack of legal expertise, and possible bias.

Q: What is the composition of a jury in the Crown Court?

A: 12 members of the public selected at random from the electoral register.

Q: What are the eligibility criteria for jury service?

A: Aged 18–75, registered to vote, and resident in the UK for at least 5 years since the age of 13.

Q: What is a majority verdict in a jury trial?

A: A verdict agreed upon by at least 10 of the 12 jurors when a unanimous decision cannot be reached.

Q: What are the advantages of jury trials?

A: Public participation, protection against state power, and collective decision-making.

Q: What are the disadvantages of jury trials?

A: Potential for bias, lack of legal understanding, and susceptibility to external influences. A: Disruptions from media, difficulty in complex cases, and inconsistent verdicts.