Lay people

• Who are magistrates in the criminal justice system?


  Magistrates are laypeople involved in the criminal justice system.
• What is the primary role of magistrates in court?

  Magistrates deal with cases in the Magistrates’ court.
• How many half days are magistrates required to sit each year?


  Magistrates are required to sit for 26 half days a year.
• How is the bench of magistrates structured?


  Magistrates work on a bench of three, consisting of one chairman and two wingmen.
• What assistance do magistrates receive during court proceedings?


  Magistrates are assisted by a legal advisor who advises them on the law.
• What types of cases do magistrates hear?


  Magistrates hear less serious cases known as summary offences.
• What is the maximum sentence magistrates can impose for one offence?


  Magistrates can pass a maximum sentence of 6 months imprisonment for any one offence.
• What are triable either way offences?


  Triable either way offences are cases that magistrates can hear, depending on the circumstances.
• What happens during a mode of trial hearing in the magistrates’ court?


  A mode of trial hearing takes place if the defendant pleads not guilty, and magistrates decide if bail should be available.
• What are the out-of-court responsibilities of magistrates?


  • Issue warrants for search and arrest
  • Grant extensions of custody up to 96 hours
  • Sign legal documents
  • Mentor new magistrates
• What is the role of a legal advisor in a magistrates court?


  The legal advisor is a solicitor or barrister who assists magistrates and administers the court.
• What qualifications must candidates for magistrates possess?


  Candidates must be between the ages of 18-74 and live or work near the court.
• What are the six key qualities required for magistrates?


  The six key qualities include good character, understanding and communication, social awareness, maturity and sound temperament, sound judgement, and commitment and reliability.
• Which professions are disqualified from becoming magistrates?


  Police officers and traffic wardens are ineligible to become magistrates.
• What are the disqualifications for becoming a magistrate?


  Disqualifications include being an undischarged bankrupt, a member of the forces, or having serious criminal convictions.
• What is the process for appointing magistrates?


  Potential candidates must complete an application form or be recommended, followed by two interviews.
• What does the first interview for magistrate candidates focus on?


  The first interview focuses on the personal attributes of the candidate and checks for the six key qualities.
• What does the second interview for magistrate candidates involve?


  The second interview tests the candidate’s judicial aptitude through case studies and a ranking exercise.
• What is the role of juries in the Crown Court?


  Juries decide issues of fact and determine guilt or innocence based on evidence in indictable trials.
• What is the composition of a jury in the Crown Court?


  A jury is made up of 12 people who decide the verdict.
• What is the legal obligation of a person summoned for jury service?


  They have a legal obligation to attend court on the date stated in the summons.
• What is the requirement for a jury to reach a verdict?

  Juries are encouraged to make a unanimous verdict, but a majority verdict is allowed after 2 hours and 15 minutes of deliberation.
• What must juries do during the trial?

  Juries must listen to all evidence presented by the prosecution and defence barristers.
• What is the purpose of the judge's summation for the jury?


  The judge sums up the case to assist the jury in their decision-making process.
• What is the privacy rule for jury deliberations?


  The jury room is private, and discussions must not be revealed to anyone.
• Who delivers the verdict in court after jury deliberation?


  The foreman of the jury is required to deliver the verdict in court.
• What governs the criteria for jury appointment?

  The criteria for jury appointment is governed by the Juries Act 1974 as amended by the Criminal Justice Act 2003.
• What is one requirement for a person to be eligible for jury service?


  A person must be registered to vote on the electoral register.
• What is a disqualification for jury service?


  A person who has been sentenced to imprisonment for life or a term of five years or more is disqualified from jury service.
• What are the criteria for ineligible persons for jury service?


  Ineligible persons include those suffering from a mental disorder who are resident in a hospital or regularly attend for treatment.
• What is the lack of capacity regarding jury service?


  Lack of capacity includes those who may not understand English or have disabilities affecting their suitability.
• Who can be excused from jury service?


  Full-time serving armed forces personnel may be excused if their commanding officer certifies their absence would be prejudicial to service efficiency.
• What is the test for bias in jury service?


  The test is whether a fair-minded observer would conclude there is a real possibility of bias.
• What did the ECHR rule in Hanif v United Kingdom regarding police officers on juries?


  The ECHR ruled that having a police officer on a jury was a breach of Article 6 (right to a fair trial).
• What did Lord Woolf comment about judges serving on juries?


  Lord Woolf stated that judges should serve on juries as it is their civic duty, except in extreme circumstances.
• Who is responsible for ensuring enough jurors are summoned for cases?


  Each crown court has an official responsible for summoning enough jurors for cases being heard.
• How are jurors selected for court cases?

  Jurors are selected at random from the electoral register for the area.
• What must summoned jurors do if they cannot serve?


  Summoned jurors must notify the court if there is any reason why they cannot serve.
• What does vetting of jurors involve?


  Vetting involves checking the suitability of potential jurors through routine police checks and wider checks in exceptional cases.
• What types of vetting are allowed for jurors?

  Allowed vetting includes routine police checks and wider checks with Attorney-General's permission in exceptional cases.