Topic 12 Lay people

Topic 12 Lay people: magistrates Magistrates

Introduction to magistrates Topic 12 Lay people: magistrates Introduction to magistrates Eligibility Criminal role Civil role

Eligibility Topic 12 Lay people: magistrates age nationality qualifications personal qualities good health occupation bankruptcy criminal convictions

Age Topic 12 Lay people: magistrates Candidates for the magistracy must be aged between 18 and 65 years old. Magistrates retire at the age of 70.

Nationality Topic 12 Lay people: magistrates Candidates do not need to be British nationals but each must swear allegiance to the queen.

Qualifications Topic 12 Lay people: magistrates No formal qualifications are required and it is not necessary to have any legal experience, as the court clerk is available to advise the magistrates on the law.

Personal qualities Topic 12 Lay people: magistrates Throughout the appointment process, potential magistrates must demonstrate that they possess the six key characteristics of: good character understanding and communication social awareness maturity and sound temperament sound judgement commitment and reliability

Good health Topic 12 Lay people: magistrates Potential magistrates must be in good health to ensure that they can carry out the necessary duties, but people with disabilities are encouraged to apply.

Occupation Topic 12 Lay people: magistrates Some jobs are regarded as incompatible with the role of a magistrate. The Lord Chancellor has discretion over whether to appoint people in these occupations but will not usually appoint those in the police (including civilian employees and special constables), members of the armed forces, traffic wardens, members of or candidates for election to any parliament or assembly, or any other occupations that could conflict with the role of a magistrate.

Bankruptcy Topic 12 Lay people: magistrates Anyone who is an undischarged bankrupt will not be appointed as a magistrate based on the fact that the public is unlikely to have any confidence in him/her. If a candidate has previously been declared bankrupt, he or she must disclose full details of the circumstances.

Criminal convictions Topic 12 Lay people: magistrates Candidates with criminal convictions or civil court orders must declare these on their application form. The circumstances of any offence will be considered. Minor offences, for example petty motoring offences, are not usually an issue, but serious offences or a number of lesser offences may lead to the candidate being rejected.

Termination of appointment Topic 12 Lay people: magistrates Termination of appointment Resignation Magistrates can resign at any time. Retirement The retirement age for magistrates is 70 Removal Powers to remove a magistrate come from the Criminal Justice Act 2003. The Minister for Constitutional Affairs can remove a magistrate for misbehaviour, incompetence, neglect of responsibilities or incapacity.

Role Topic 12 Lay people: magistrates There are about 30,000 lay magistrates in England and Wales who work as unpaid volunteers. They usually sit on a bench of three magistrates, made up of a chairperson and two wingers. Magistrates do not need legal qualifications as there is a qualified legal advisor (a clerk) on hand to advise on law and procedure. Magistrates’ work is split between civil and criminal matters.

Criminal role Topic 12 Lay people: magistrates Magistrates deal with over 95% of all criminal cases. They have jurisdiction in both the adult court and the youth court (which deals with offenders between the ages of 10 and 17). They decide on applications for bail and on the facts and law in trials. If they find a defendant guilty, or the defendant pleads guilty, they must pass an appropriate sentence. This can range from absolute discharge to 12 months in prison for a single offence. Magistrates may also send certain defendants to the Crown Court for sentencing.

Civil role Topic 12 Lay people: magistrates Magistrates also have a civil jurisdiction. They deal with people who have not paid their council tax or fines. Additionally, some magistrates undergo further training in family matters. They can then deal with residence and contact orders regarding children.

Other duties Topic 12 Lay people: magistrates Specialist committees consider appeals against local authority licensing decisions. Magistrates may be called upon at any time to respond to requests for warrants for arrest and search.

Topic 12 Lay people: juries Juries

Introduction to juries Topic 12 Lay people: juries Introduction to juries Selection Criminal role Civil role

Selection Topic 12 Lay people: juries Every year, about 450,000 people, selected at random from the electoral roll, undertake jury service. A computer selects those on the roll who are aged between 18 and 70. Because of its random nature, some people are never called, while others can be selected more than once. A person has about a one in six chance of being summoned for jury service in his or her lifetime.

Jury summons Topic 12 Lay people: juries Those selected for jury service will receive a summons through the post advising them that they have been chosen and informing them where they must go and when. They must reply to the jury summons within 7 days. Failure to complete jury service when summoned is a criminal offence and can be punished with a fine of up to £1,000.

Deferral Topic 12 Lay people: juries Jury service can be deferred under certain circumstances, such as a hospital appointment or a family wedding. If deferred, the person must undertake jury service at another date within 12 months of the original summons. They must state on which days during the next year they will be unavailable, as by law, deferral can only be granted once. Decisions on whether someone may defer or be excused from jury service are made by the Jury Central Summoning Bureau.

Excusal and ineligibility Topic 12 Lay people: juries Excusal and ineligibility Some people, such as members of the armed forces, are excused and will not be required to complete jury service. Those who are mentally ill are ineligible for jury service, as are people with certain criminal convictions. This includes those who have served, or are serving, prison sentences or community orders of varying degrees of seriousness and those on bail in criminal proceedings.

Jury numbers and selection Topic 12 Lay people: juries Jury numbers and selection When a jury is required, a court official will choose a number of jurors — usually 15 — from those called for duty. Although only 12 are needed for the trial itself, more people are taken into the court in case a juror is unable to sit, for example if he or she knows the defendant or anyone involved in the case.

Jury trials Topic 12 Lay people: juries Jurors are usually expected to sit for 10 working days, and since the average trial lasts about a day and a half, it is highly likely that a juror will sit on more than one trial. Sometimes, a juror will be required to sit for more than 10 working days if the trial is expected to last longer.

Role Topic 12 Lay people: juries Jurors are lay people and as such do not require any legal knowledge. The judge will assist them with any points of law and the lawyers will be aiming to make their case as clear as possible so that the jury can understand. Juries are used mainly in criminal trials but occasionally they are also used in civil matters.

Criminal role Topic 12 Lay people: juries Juries are only used in about 1% of criminal cases because magistrates deal with the majority of criminal offences. The use of juries is reserved for the more serious cases such as murder, rape and grievous bodily harm. Trials take place in the Crown Court, with a jury of 12. Since most jurors do not have legal experience, the judge guides them on the relevant law. The role of the jury is to decide on the facts by consideration of the evidence.

Verdict Topic 12 Lay people: juries Jurors reach a verdict of ‘guilty’ or ‘not guilty’. They must aim to reach a unanimous verdict initially but under the Juries Act 1974, majority verdicts will be accepted after 2 hours of deliberation. For a majority verdict, at least 10 of the jurors must agree. If the jury has fallen to 10, for example through illness, then 9 must agree. If the defendant is found guilty, the judge passes sentence.

Civil role Topic 12 Lay people: juries Rarely, jurors may be asked to sit on a civil matter in cases of defamation, fraud, false imprisonment or malicious prosecution. Such trials will be in the High Court or County court. Additionally, jurors may be required to sit in a Coroner’s Court.