Magistrates and juries

What Acts govern the magistrates

Magistrates’ court Act 1980

Justice of the peace Act 1997

Courts Act 2003

What are the age requirements to be a magistrate

18-74, the statutory retirement age is 75

What is the residency requirement for a magistrate

You should live or work within the local area

What are the availability requirements for a magistrate

13 full days or 26 half days or 35 half days if they sit in youth or family court, per year. They are expected to sit for at least 5 years

What can disqualify you from being a magistrate

A serious criminal conviction, multiple minor convictions, or banned from driving in the past 5-10 years

Undischarged bankrupts

Police officers, probation, members of armed forces + other roles with a conflict of interest

Close relatives of magistrates

What are the 5 key attributes of a magistrate

Ability to make fair, impartial and transparent decisions

understanding and appreciating different perspectives

Communicating with sensitivity and respect

Showing self-awareness and being open to learning

Working and engaging with people professionally

What is the selection process of magistrate

Apply on the website and then complete the magistrate recruitment qualifying assessment online.

Interviewed by twice by the Local advisory committee

Training

The committee sends recommendation to the ministry of justice, a senior presiding judge will make the appointment on behalf of Lord chief justice

Who makes up the local advisory comitee

12 members a mixture of magistrates and non magistrates

Who oversees the training of magistrate

Judicial college

What is the training process for magistrates

Initial training - before they sit before a court - covers basic legal principles

Mentoring - for the first year

Consolidation training - further training to consolidate their skills not legal knowledge

Specialist training if they go into a specialist court

Ongoing training and appraisals - 12 to 18 months after appointment they are appraised, then further appraisals every 4 years

Under S.11 if the Courts Act 2003 why can the Lord chief justice remove a magistrate

Incapacity or misconduct

Neglect of duties

Incompetence

Who investigates complaints for magistrates

Judicial Conduct Investigations office

What does every bench of magistrates have

Legal advisor who must have been a barrister or solicitor for at least 5 years

Analysis of magistrates: Representativeness

Pros - Selection is meant to be representative, 56% women, 15% ethnic minorities

Cons - 50% over the age of 60, disconnect from working class as they can’t afford days off

Analysis of magistrates: Empathy with the Case

Pros - 3 magistrates should balance out any bias, only 1% of cases are appealed mainly on sentence not guilt

Cons - May be over inclined to believe police officers, R v Bingham Justices ex p jowitt - only piece of evidence was a police officers testimony, still convicted

Analysis of magistrates: Local Knowledge

Pros - Local knowledge can be applied to the case for fairer outcomes, - Paul v DPP - kerb crawler convicted because kerb crawling was becoming a problem in that area

Cons - can lead to a bais

Analysis of magistrates: Training

Pros - received structured training from the Judicial college, appraised often

Cons - over reliance on legal advisers, Poor training may explain regional divide, driving while disqualified ranged from 21% -77% for custodial sentences

Analysis of magistrates: Legal advisor

Pros - it helps fill in gaps in legal knowledge

Cons - can rely too heavily on them, R v Eccles Justice ex parte Farrelly - quashed on appeal as legal advisor had helped in the decision making process

Analysis of magistrates: cost effectiveness

Pros - Volunteers - estimated savings of 100m a year

Disadvantage - expensive to train new ones - Increasing turnover rates - eats into the savings

What are the qualifications for juries under the Juries Act 1974

Age; 18-75

Registered in the government elector

Must be a citizen of Britain or northern Ireland

Must have been a resident of: UK thee channel islands or the isle of man for at least 5 years since 13

Why can you be deferred from Jury service

Serious medical condition

Work commitments

Caring responsibilities

Full time military service

If deferred when do you have to undertake jury service by

12 months

Why are jurors excused for mental incapacity

If they are detained under the mental health Act 1983 or are mental incapable to perform their duties

Why may jurors be excused

Not if deaf - Sentencing and courts Act 2022

Being blind - up to judge’s discretion

Why may Jurors be disqaulfied

Their on bail or in jail

Served more than 5 years in prison are disqualified for life

Served less than 5 years or given a community order are disqualified for 10 years after the sentence

Who handles selection of juries

Central summoning Bureau

How much time do you have to reply for a summon

7 days or face a fine up to 1k

On average how long are jurors expected to sit for

10 days

Where are the jury held

Jury pool

How many jurors are called

15

How many jurors sit

12

What is a challenge for cause

A challenge made by either party, with evidence why a juror should be excused. R v Wilson and R v sprason - quashed on appeal as a juror was the wife of a prison guard where they were being held

What is stand by for the crown

The prosecution can ask a juror to be stood aside without reason, used sparingly, mainly in matters of national security

What is a challenge to the array

When either the prosecution or defence can challenge the entire jury if they are either misrepresented or biased, R v Fraser white jury, ethnic minority defendant

How can a jury be vetted

Police check - discouraged by r v sheffield crown court - COA held that both parties must be informed if one is carried out

Wider background check - Permission must be granted by the AG in cases of national security or terrorism used in the ABC trail

Pros of juries: Jury secrecy

Juries deliberations are in private and are not recorded or released, which can lead to juries making decisions without fear of retaliation - Contempt of courts Act 1981

Pros of juries: A balance against state interference in trial

the state has a vested interest in the outcome of the trial and therefore by having an independent body decide the outcome it should remove bias. - Penn and Meads Case - established jury independence.

Pros of juries:Jury equity

allowing juries to nullify the charges can lead to more moral outcomes for cases - R v Kronlid and others 1996, when they damaged fighter jets that were meant to be sold to indonesia, where they may have been used for war crimes

Cons of juries: Juries don’t have to explain their reason

can lead to irrational outcomes as they don’t have to justify choices - R v Young - retrial due to a juror consulting a Ouija board

Cons of juries: Juries are subject to outside influences

Juries can be intimidated, bribed or exposed to influence from the media; all of which could affect the outcome of the case.  R v Taylor - COA quashed murder conviction due to persuasive media coverage of the case.

Cons of juries: Lack of ability to the job

most have no legal training and all jurors don’t receive any formal training which can lead to them making irrational decisions because they don’t understand the law or what’s being discussed. R v Huhne and Price 2013 - failed to reach a verdict, asked if they could make a decision not using evidence discussed in the trail.

Are juries representative of society

No - exclusions yes - Criminal justice Act 2003 allowed legal professionals and cops but R v Green - cop as a victim and another on jury

No - Not voting, class representation, R v Fraser