Magistrates and Juries

• Qualifications of Magistrates:

  • Age
  • Key Qualities (Characteristics)
  • Judicial Qualities
  • Commitment
  • Area
• Age - Must be aged between 18 and 65 on appointment. Very few appointments made under the age of 30.
• Key Qualities (characteristics):

  1. Good character.
  2. Understanding and communication
  3. Social awareness
  4. Maturity and sound temperament
  5. Sound judgement
  6. Commitment and reliability
• Judicial Qualities - assimilate factual information and make a reasoned decision upon it - take account of the reasoning of others
• Commitment - at least 26 half days each year.
• Area - live or work in or near to the local justice area they are allocated to.
• Qualification of Magistrates - Disqualification:

  The following people are disqualified and therefore cannot become Magistrate:

  • those with serious criminal convictions.
  • those who cannot carry out their duties due to disability (e.g. blind or deaf).
  • undischarged bankrupts.
  • Police officers, armed forces, prison officers and traffic wardens.
  • Close relatives of those who work in criminal justice system
  • MP's
• Selection of Magistrates:

  • First the post is advertised in local press and online (can target underrepresented groups here).
  • Application is made to the LAC (Local Advisory Committee).
  • Is made up of 12 people and must be a mixture of magistrates and non-magistrates.
  • Will all be people who are important in the local community.
  • Application can be made via the Government website.
• Selection of Magistrates:

  • The LAC will review all applications and aim to select a good cross-section of society.
  • Candidates must undertake two interviews.
  • First Interview will look at the candidate's general character, personal attributes, attitudes towards issues such as youth crime, and whether they possess the six key qualities.
  • Second interview assesses the candidate's judicial aptitude and qualities by looking at case studies.
• Appointment of Magistrates:

  • Local Advisory Committee recommends suitable candidates to the Senior Presiding Judge under the Crime and Courts Act 2003.
  • Senior Presiding Judge then appoints from the list of recommendations.
  • Candidates will be sworn in as a magistrate at a local court and will have to give an oath.
  • They retire at the age of 70.
• Role of Magistrates:

  • Magistrates deal with approximately 95% of all criminal matters including all summary matters from start to finish, some triable either-way matters and the first hearing of indictable cases.
  • They also deal with preliminary matters such as mode of trial hearings and bail or search warrants.
• Role of Magistrates:

  • Specially nominated and trained magistrates work in the Youth Court and hear criminal cases involving young offenders between 10-17 years old. This panel must include one man and one woman.
  • They may also be involved in Family Court proceedings in Civil Law where the case involves protection against violence, adoption orders and orders under the Children Act 1989.
• Role of Magistrates:

  • Magistrates sit in the Crown Court on a panel one other magistrate and a qualified judge to hear appeals from the Magistrate's Court.
• Role of Magistrates:

  • Magistrates are assisted by the Legal Advisor (also called Clerk) who is a qualified lawyer with 5 years experience and who can guide a magistrate on questions concerning the meaning of the law and any legal procedures but cannot help with the decision-making process.
  • Under s.28(3) Justices of the Peace Act 1979
  • R v Eccles Justice (Farrelly) 1992: Here a Legal Advisor was involved in making the decision in the case, so the convictions were quashed on appeal.
• Qualifications of Juries:

  • 3 qualifications set out in Juries Act 1974:

  1. Aged between 18 and 75.
  2. Registered as a parliamentary or local government elector.
  3. Resident in the UK for at least 5 years since age of 13.
• Disqualification and Ineligibility of Juries:

  • 2 types of disqualification for jury service:

  1. Disqualified for life - e.g., if person has been imprisoned for life, or had sentence of imprisonment of 5 years or more.
  2. Disqualified for a period of 10 years - if they have served a prison sentence of less that 5 years, a suspended sentence or been given a community order.

  • a person is also disqualified whilst on bail.
• Disqualification and Ineligibility of Juries:

  • Those ineligible include:
  • People with certain mental health issues (not automatically ineligible).
  • People who cannot speak/ understand English.
  • Those with a disability which would stop them carrying out the role.
  • Deafness.
  • A discretionary excusal may be applied for to defer jury service to a later date.
  • May be granted for 'good reason' such as a previously booked holiday, exam or operation.
  • Armed forces personnel may have jury service deferred if their commanding officer certifies they are needed elsewhere.
• Selection of Juries:

  • Names are selected randomly from the electoral register and jury summons sent in post.
  • Approximately 150 summonses for each court are sent out every two weeks.
  • Fifteen people are randomly chosen at court from the jury pool.
  • Twelve of those are then chosen at random in court by the clerk and they form the jury.
• Selection of Juries:

  • Checks and challenges are undertaken.
  • Vetting includes routine police checks.
  • In exceptional circumstances, wider background checks for political affiliations may be checked but only with permission from the Attorney General.
• Selection of Juries:

  • Jury members may be challenged either to the array, for cause or told to stand by.
  • To the array = s.5 Juries Act 1974 for whole jury if they are too close to the case.
  • For the cause = individual jurors for various reasons (E.g. disqualified or know the Defendant).
  • To stand by - prosecution can ask for a juror to be put to the bottom of the selection list.
• Role of Juries:

  • Used in only approximately 2% of Criminal cases, as most cases are dealt with in the Magistrates Court, and some plead guilty at Crown or are discharged.
  • Jury listens to the evidence from the prosecution and the defence, and then the summing up by the judge.
  • At the end of the trial the jury will retire to discuss the case in secret.
• Role of Juries:

  • The jury will decide if the defendant is guilty or not guilty based on the fact presented to them.
  • Whilst a unanimous decision is preferred, a majority decision may be allowed, for example, 10-2.
  • No reason for the decision is required.
• Positives of Juries:

  • Democratic and Public Confidence
  • Jury Equity
  • Secrecy of the Jury Room
  • Impartial
• Negatives of Juries:

  • Perverse Verdicts
  • Outside Influences
  • Jury Secrecy
  • Lack of Understanding