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Criminal Courts and Lay People (Juries (Role (Sole responsibility of…
Criminal Courts and Lay People
Juries
Selection
Random Selection
The juries are randomly selected off the electoral register (more than required are requested) -
Jury Summoning Officer
If enough jurors don't attend when summoned, the Summoning Officer may call people off the street -
Praying a Talesman 1998
Challenge of the Array (Both)
Where both parties may challenge the entire jury on the grounds that the summoning officer is biased/has acted improperly
Romford Jury Case
R v Fraser // R v Ford
Challenge for Cause (Defence)
Where a juror can be challenged by the defence on the ground that they know the defendant / witness etc.
Stand by the Crown
Where a juror can be challenged by the prosecution without a reason needed, but can only be used to remove "a manifestly unsuitable juror" or in trials concerning national security/terrorism
Jury Vetting
Jury vetting is not allowed other than the basic vetting of a criminal record check and seeing whether the defendant is domicile
However, further vetting may be allowed by the AG if the trial is concerning national security -
ABC Trial
- the gang on trial were vetted due to being a threat to national security
Qualifications
Qualifications
Between 18 and 70 years of age
Domicile (been in the country 5+ years since 13th birthday)
Be locally registered
Must be "mentally stable" as defined by the
CJA 2003
Disqualifications
Having an indictable criminal record in the last 10 years
Having been imprisoned for life
Having been imprisoned for public protection reasons
If you are on bail
Discretionary Excusal
CJA 2003
now includes lawyers, doctors, army members and other professions in jury service
Jury duty can be avoided on the ground of "Undue Hardship"
Role
Sole responsibility of determining guilt
Listen to evidence provided by the defence and prosecution (take notes if they deem the need)
"Sole Arbiters of Fact" -
Bushells Case
Independence of jury is key -
R v Wang
Majority Verdicts allowed (10:2) -
CJA 1967
Foreman elected by the jury to speak out their verdict -
Section 17(30) Juries Act
Secrecy of the Jury and their private deliberation -
Section 8 Contempt of Court Act
Sequested Juries - When the media etc may influence the jury
Public Verdict
Advantages
Layman's equity
The idea of the jury reaching a verdict on 'simple fairness'
Juries have the ultimate say, and are used as a protecter against unjust or oppressive persecution
"Perverse Verdicts" - finding a verdict by common sense/conscience
Public participation
Verdicts seen to be that of society
Satisfies the tradition of being trialed by peers
Survey found that 80%+ of people had more confidence in a jury than other players in the justice system
Secrecy
Immune from persecution - means they are more likely to return a verdict they truly believe in
Private deliberation
Better decision making on guilt or innocence
Many complex cases come down to the simple facts , with a group of people being more likely to come to a correct decision following discussion
The jurors only sit on one occasion as well, meaning that they do not become case hardened (like magistrates may)
Disadvantages
Lack of understanding
The idea that many jurors don't understand legal terms, meaning that they can't come to a decision based on the legal facts
They may also not speak full english/understand english, meaning that they won't be able to understand the evidence
Backed by a law commission report which found that less than 20% of jurors understood legal terms thoroughly
Media influence
The jury may also be influenced by what they see on the media (TV, newspaper etc), potentially influencing their decision
ABC Trial
OJ Simpson Case
Racial bias
The jury may have a potential bias towards the D or any witnesses if they derive from ethnic minority backgrounds
R v Fraser
R v Ford
Jury nobbling
Where the jury is intimidated into giving a guilty or innocent verdict (scared into it)
ABC Trial
Criminal Procedure and Investigation Act 1996
- making it an offence to intimidate a juror
Difficulties with appeals
The jury's verdict must remain unexplained, under the
Contempt of Court Act 1981
This means if the verdict is appealed, the reason for the verdict cannot be investigated
Magistrates
Selection/Appointment
1,500 magistrates are appointed every year
The Lord Chancellor appoints them on the advise of the Local Advisory Committee
There are qualifications to become a magistrate
No criminal record
You cannot be deaf or infirm
You are ineligible if you have relatives in the local justice system, as this may cause a conflict of interest
You cannot be an undischarged bankrupt upon application
The 2 stage interview process
Stage 1: Personal attributes
Stage 2: Judicial Mindset test
The shortlist is given to the Lord Chancellor, who appoints the magistrates
They are appointed to their local justice area (
Courts Act 2003
)
Qualifications
No legal qualifications are required, nor legal training
1996 Lord Chancellor guidelines
Good character
Good understanding and communication
Social awareness
Maturity/Sound Temprament
Commitment and Reliability
Between 18 and 65 years of age at the time of appointment
Judicial Qualities
Assimilate information
Work as a team
Listen to the reasoning of others
Aware of your prejudice and biased so that you can try and stop this affecting you handling of cases
Role
Traditional aspect satisfied (lay people determining the guilt or innocence of a defendant)
25,000+ Mags exist in the UK, each being required to sit 26 half days during the years
They sit on a bench of 3 -
"Master of Fact"
In some circumstances a single magistrate will sit, known as a stipendiary magistrate (district judge)
S.16(3) Justices of the Peace act 1979
They deal with 97% of the criminal cases that the prosecution brings
Every case starts at the Mags, with the
Plea, Bail and Legal Funding
Triable Either Way offences see the magistrates deal with the plea before venue
They are allowed to issue a custodial sentence of up to 6 months maximum (12 months for two offences)
Non-Custodial sentences can also be handed out, such as IPNA's, fines etc.
Magistrates also deal with Family/Youth Court if they have been specially trained to do so
Advantages
Lay involvement
Similar to a jury, allow the defendant to be trifled by peers as supposed to trained legal professionals
They live locally, so have a better local knowledge than a judge
Few appeals
Most defendants plead guilty to magistrates
Less than 3000 successful appeals in 2003
Cost is minimal
1989 Magistrates system took only £200 million to run
It brought in £270 million in fines alone, making instant profit
The trials are much less expensive than in high court trials
Weight of numbers
They sit, in a way, on a mini-jury
They are more likely to reach a balanced viewpoint as its not possible for there to be an equal split in view
Disadvantages
Inconsistency
Between different benches/courts
Leads to custodial sentences being more common in one place than somewhere else
For driving whilst disqualified:
21% of Neath defendants
were given custodial, whereas
77% of Mid North Essex
were
Bias towards the police
Police officers are frequent witnesses'
"My principle in such cases has always been to believe the Police Officer" -
R v Bingham JJ ex party Jowitt
Increasing complexity of the Law
More crimes are down-graded, with new offences being created
Sentencing is much more complex (curfew or IPNA for example)
This is reflected in provision of more intensive training