Lay Magistrates and Juries (OCR A-Level Law): Revision Notes

Lay Magistrates and Juries

Introduction to lay people

The criminal justice system in England and Wales relies significantly on the participation of lay people, who are legally unqualified individuals playing crucial roles in the decision-making process within courts. The term "lay" specifically refers to their lack of formal legal qualifications, yet they contribute substantially to the administration of justice.

There are two primary categories of lay people operating within the criminal justice system:

Magistrates are volunteer citizens who serve as unpaid judges (though they receive expenses) in the Magistrates' Court and Youth Court. They handle the vast majority of criminal cases that come before the courts.

Juries consist of local residents selected from the electoral register who are responsible for determining the guilt or innocence of defendants in Crown Court trials. It is important to note that only approximately 2 per cent of criminal trials actually use juries, making them the exception rather than the norm in criminal proceedings.

Magistrates

Qualifications required

To serve as a magistrate, individuals must meet several qualifying criteria that ensure they are capable of performing their judicial duties effectively.

Age and service requirements: Candidates must be aged between 18 and 65 years at the time of appointment, although they may continue serving until they reach 70 years of age. Once appointed, magistrates are expected to commit to at least five years of service. They must be physically capable of sitting for a minimum of 13 full days or 26 half-days annually. If they also sit in youth or family courts, this requirement increases to 35 half-days per year.

Physical capabilities: Magistrates need to demonstrate they can hear clearly, whether naturally or with the assistance of a hearing aid. They must also be able to sit and maintain concentration for extended periods, as court sessions can be lengthy and demanding.

Selection process

The recruitment and selection of magistrates involves a rigorous multi-stage process designed to identify suitable candidates.

A network of 14 local advisory committees oversees the selection process. These committees comprise both serving magistrates and local non-magistrates who understand the needs and characteristics of their communities. Before any appointment can proceed, satisfactory character references must be obtained and verified for each candidate.

Candidates who pass initial screening undergo two formal interviews before any recommendation is made. Following successful completion of these interviews, a recommendation is forwarded to the Senior Presiding Judge for final consideration. Those selected then receive rigorous training to prepare them for their judicial responsibilities.

Appointment authority

The legal framework for appointing magistrates is established under the Crime and Courts Act 2013. From 1 October 2013, the statutory power to appoint magistrates rests with the Lord Chief Justice, who delegates this function to the Senior Presiding Judge for England and Wales. This delegation ensures that appointments are made at an appropriate senior judicial level while maintaining efficiency in the process.

Role and responsibilities

Magistrates perform a diverse range of judicial functions within the criminal justice system.

Court composition: Magistrates typically sit in benches of three, providing collective judgment on cases brought before them. This panel approach allows for discussion and consensus-building in decision-making.

Criminal case management: They have jurisdiction to try summary offences and relevant either-way offences. They also conduct mode of trial hearings for either-way offences, determining whether cases should remain in the Magistrates' Court or be sent to the Crown Court.

Sentencing powers: When defendants plead guilty or are found guilty, magistrates have the authority to impose sentences within the limits prescribed for the Magistrates' Court.

Preliminary matters: Beyond trial work, magistrates handle various preliminary proceedings. These include early administrative hearings for indictable offences, remand hearings to determine whether defendants should be held in custody or released, and applications for bail. They also have the power to issue bench warrants for the arrest of individuals who fail to appear in court.

Appellate role: Magistrates occasionally sit in the Crown Court to hear appeals from Magistrates' Court decisions. In these circumstances, two magistrates sit alongside a Crown Court Judge to review the original decision.

Youth Court: Specially qualified magistrates who have received additional training sit in the Youth Court, which handles criminal charges against young people aged between 10 and 17 years old.

Juries

Qualifications required

Service as a juror requires individuals to meet specific eligibility criteria established by law.

Age and registration: Jurors must be aged 18 years or over but under 76 years old. They must be registered as either a parliamentary or local government elector, ensuring they are part of the democratic process.

Residency requirements: Candidates must have resided in the United Kingdom for any period totalling at least five years since reaching the age of 13. This requirement ensures jurors have sufficient familiarity with British society and legal culture.

Selection process

The selection of jurors involves both random and scrutinised elements to ensure fair and appropriate panels.

Initial summons: The Jury Central Summonsing Bureau issues jury summonses randomly from the electoral register, notifying selected individuals of their obligation to attend court for potential jury service.

Appointment to specific cases

The actual formation of a jury for a particular trial follows a random selection process to ensure impartiality.

The individual court divides prospective jurors into groups of 15 people. From each group of 15, twelve names are drawn at random to form the jury that will hear a specific case. The first name selected at random from each group of 15 automatically becomes the foreperson of that jury, who will later announce the verdict and coordinate jury deliberations.

Role and responsibilities

Juries perform a specific but vital function in Crown Court trials.

Verdict determination: The fundamental role of a jury is to decide whether the defendant is guilty or not guilty of the charges brought against them. This decision is based solely on the evidence presented during the trial.

Fact-finding function: While the judge provides directions on points of law and legal procedures, the jury's responsibility is to determine the facts of the case. They assess witness credibility, evaluate evidence, and reach conclusions about what actually occurred.

Verdict requirements: While unanimous verdicts (all 12 jurors agreeing) are preferred, the law permits majority verdicts in certain circumstances. Juries are allowed to return a verdict with a majority of 11-1 or 10-2, recognising that complete unanimity is not always achievable. However, a verdict cannot be accepted with a greater split than 10-2 (for example, 9-3 would be insufficient).

Evaluation: advantages and disadvantages of juries in criminal cases

Advantages

Public confidence: The jury system maintains public confidence in the criminal justice system because it embodies the traditional principle of being judged by ordinary members of society rather than professional judges. This democratic element ensures that justice is not seen as being imposed by an elite legal class but reflects community values and standards.

Disadvantages

Slow and expensive: The jury system significantly increases both the time required and the cost of criminal proceedings. Judges must carefully explain complex points of law to lay jurors, which extends trial duration. Additionally, the need to accommodate twelve jurors, provide them with facilities, and sometimes sequester them increases the overall expense of the judicial process. This affects not only court resources but also the costs borne by defendants and the public purse.