1. Presentation by Duncan Bunce Course Leader for Law
Lay People
Presentation by Duncan Bunce
Course Leader for Law
© Duncan Bunce

2. Starter Activity Word Tennis The class is divided into two teams.
Each person takes it in turn to say a word that is linked to this topic. No words can be repeated.
The teacher will score each team until students run out of words.
© Duncan Bunce

3. Role of a lay magistrate
You will find a bench of three lay magistrates in the magistrates’ court.
The court deals with around 97% of all criminal cases
Summary offences, some triable either-way offences
What classification of criminal offences do they deal with?
What other criminal procedural issues do they deal with?
Can issue search warrants, warrants for arrest, grant bail and conduct Early Administrative Hearings
© Duncan Bunce

4. Activity Magistrate Selection
Put the list of the six key qualities into order, with the one you think is most important first and the least important last.
Compare your list with those on your table.
Explain what other qualities you think magistrates need.
© Duncan Bunce

5. Who are disqualified from applying? How long can they sit for?
Magistrate Selection
Formal Requirements
Who are disqualified from applying?
Serious criminal convictions
Undischarged bankrupts
Members of the armed forces
Police officers
Traffic wardens
How long can they sit for?
Age 18– 65 on appointment
Age 18– 65 on appointment
Can sit until 70 then must retire
Committed to at least 26 half days a year
Live or work within or near to the local justice area
© Duncan Bunce

6. Don’t forget to label each caption with what is happening…
Activity
Story board…
Create a story board that illustrates how lay magistrates are appointed.
Don’t forget to label each caption with what is happening…
© Duncan Bunce

7. Your story board should have these captions…
Candidate responds to an ____________ placed in a local paper or on public transport or applies ________.
Local _________ __________ ensure that any potential membership reflect a range of occupations (Lord Chancellor set out ___ occupational categories – no more than 15% from each).
advisory
Local advisory committee interviews
1st interview – find out more about candidate’s personal attributes, whether they have ____ key qualities and views on _________ ________.
committee
advertisement 11
online
six
criminal
justice
Local advisory committee submit suitable names to Lord ________ _________or his delegate, who then appoints new magistrate.
Local advisory committee interviews
2nd interview – test the candidate’s _______ _______ by discussing two sentencing case studies.
Chief
Justice
judicial
aptitude
© Duncan Bunce

8. On your tables, create a song/rap/poem about lay magistrates.
Activity
On your tables, create a song/rap/poem about lay magistrates.
© Duncan Bunce

9. Activity
On the piece of paper in front of you, spend 5 minutes drawing what you think a magistrate looks like.
When finished, look at what other students have drawn on your table – any similarities?
What appears to be the stereotype of a lay magistrate? How accurate is this stereotype in reality?
© Duncan Bunce

10. Did your magistrate look anything like the following individuals?
Lucy Tate (19) – youngest ever magistrate appointed
David Benwell – blind Preston magistrate
© Duncan Bunce

11. Can you be too young to be a magistrate?
Debate One
Can you be too young to be a magistrate?
Nicky Stubbs (20)
Lucy Tate (19)
Faiza Ali (23)
When Lucy Tate was appointed one magistrate, who did not want to be named, said: “It is an absolute folly to have somebody so young making such important decisions. What life experience does she have at 19?” (Mail Online September 2006)
© Duncan Bunce

12. Should a blind person be a magistrate?
Debate Two
Should a blind person be a magistrate?
Did you notice that Lady Justice herself is blind?
What do you think this represents?
David Benwell, Preston magistrate
Interview: Lancashire Post 2013
“I can memorise 16 digit numbers after only hearing them once. I can do mental arithmetic without the need for a calculator as the answer is just there.”
“When I deal with cases, I have no visual information about the defendant or witnesses. I cannot see them or have any preconceived ideas about them. I look at cases purely on the facts because of my circumstances”
© Duncan Bunce

13. Let’s look at juries now…
© Duncan Bunce

14. Here is a painting of a 19th century jury…
In what ways is it similar to a present-day jury?
In what ways is it different to a present-day jury?
What does it tell us regarding the selection of juries since the 19th century?
© Duncan Bunce

15. Famous quote Juries are ”the lamp that shows freedom lives.”
Lord Devlin [1956]
What do you think he meant?
Do you agree?
© Duncan Bunce

16. Role of a jury
The Crown Court deals with indictable offences in front of a judge and jury.
12 jurors sit in the court and listen to the evidence by the prosecution and defence before retiring to reach a verdict.
The jury have a split function from that of the judge.
What is the judge’s function?
The jury must deliberate and reach a verdict of guilty or not guilty.
What happened in Bushell’s case (1670)?
Why is this an important case for juries?
What type of decision will the judge accept?
© Duncan Bunce

17. Jury Selection Formal Requirements Who are excused from sitting?
Disqualified permanently if:
Imprisoned for life
Imprisoned for public protection
Serving an extended sentence
Serving a term of imprisonment of 5+ years
You are excused if:
Full-time member of the armed forces
Discretionary excusal if you have a good reason.
Who are excused from sitting?
Age 18– 75 on appointment
Be on the electoral register
Lived in the UK for at least 5 years
Cannot sit if mentally disordered
What would be a ‘good’ reason?
Disqualified for 10 years if:
Serving a prison sentence
Have a suspended sentence
Had a community order
Currently on bail
© Duncan Bunce

18. True or false: mini-whiteboards
Activity
True or false: mini-whiteboards 1
Lay magistrates and jurors do not have any legal qualifications and are lay.
T/F 2
Lay magistrates must live within 15 miles of the commission area. 3
All lay magistrates must undertake a two stage interview by the local advisory commission. 4
The Lord Chancellor appoints new lay magistrates. 5
Lay magistrates deal with summary offences and indictable offences. 6
There are 12 jurors in a Crown Court trial. 7
You must be aged between 18 – 70 to be a juror. 8
Lawyers, judges and police officers can be jurors. 9
A blind person or a deaf person cannot be a juror. 10
You are disqualified permanently from jury service if on bail. T F F F F T F T T F
© Duncan Bunce

19. Activity Mathematical challenge – Total?
The number of jurors in a Crown Court trial
Plus
The maximum qualifying age of a juror
Multiply By
The year of the statute that holds the basic qualifications for jury service
Divide By
The number of jurors needed for a unanimous verdict
Multiply By
The minimum amount of jurors that can sit in a jury trial
© Duncan Bunce

20. x 1974 ➗12 x 9
TOTAL
© Duncan Bunce

21. Vetting
An official from the Crown Court randomly selects the potential juror from the electoral register on a computer. A summons letter is sent to their home requiring you to be a juror for two weeks.
Challenges by the prosecution and defence
To the array – whole jury is unrepresentative/biased.
For cause – arguing that a juror should not sit (e.g. related to a witness).
Prosecution right to stand by jurors – a juror can be placed at the end of the list on ‘stand by’, preferring they not be used.
Potential jurors will be vetted:
Police checks – criminal record?
Juror’s background – political affiliation (exceptional – see ABC trial)
© Duncan Bunce

22. Fact or Fiction?
Three jurors in a 1993 trial of Stephen Young for two counts of murder were unable to make their minds over the D’s guilt or innocence. They sought help by using a Ouija Board to commune with one of the D’s victims. They received a message that the victim had been killed along with his wife by D. The jury found D guilty.
Just as the verdict in the trial of Alan Rashid was about to be announced, a juror coughed and in the process drowned out the word ‘Not’.  The judge heard only ‘Guilty’ and duly jailed Rashid for two years and had him escorted to the cells.  Fortunately, the blunder was swiftly noted, and Rashid, who had been disconsolate, was set free.
© Duncan Bunce

23. Complete the tables for advantages and disadvantages of juries
Activity
Complete the tables for advantages and disadvantages of juries
POINT
EVIDENCE/EXAMPLE
EXPLANATION
Public confidence
This is an advantage because…
Jury equity
Open system of justice
Secrecy of the jury room
Impartiality
POINT
EVIDENCE/EXAMPLE
EXPLANATION
Perverse decisions
This is a disadvantage because…
Secrecy
Racial bias
Media influence
Lack of understanding
Fraud trials
Jury tampering
© Duncan Bunce

24. Activity: Jury Role Play
The defendant has been charged with rape and the case will be heard in the Crown Court.
Before we watch the video, you must be familiar with the role of a jury (see handout).
© Duncan Bunce

25. Facts of the Case
© Duncan Bunce

26. Elect a foreman to manage the discussion.
Consent
Watch the video
Your teacher will pause it before the jury give their verdict, so that you can discuss and reach your own
Elect a foreman to manage the discussion.
© Duncan Bunce

27. What is your verdict – guilty or not guilty?
Unanimous/majority?
© Duncan Bunce

28. Discuss What are the advantages of using a jury?
What are the disadvantages of using a jury?
Has the legal system let down the victim, who was raped, by not finding the defendant guilty?
© Duncan Bunce

29. Discuss in pairs and plan your answer…
Exam Questions
Discuss in pairs and plan your answer…
[5 marks]
[5 marks]

30. You need to create 10 questions – one should be numeracy based.
Weekly Quiz
Your teacher is going to assign your table/team a section of the topic.
You need to create 10 questions – one should be numeracy based.
Each table/team will take it in turn to read out their questions to the other teams to answer.
© Duncan Bunce