Criminal Courts and Lay Peoplefluencycontent-schoolwebsite.netdna-ssl.com/FileCluster/...Sentencing...
Transcript of Criminal Courts and Lay Peoplefluencycontent-schoolwebsite.netdna-ssl.com/FileCluster/...Sentencing...
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 1
Need to know:
Criminal process: jurisdiction of the Magistrates’ Court and the Crown Court,
including classification of offences and pre-trial procedures
Appeals and appellate courts
Sentencing and court powers: aims, factors and types of sentences
Lay magistrates and juries: qualifications, selection, appointment and their role in
criminal cases
Evaluation of the different types of sentences and of using lay people in criminal
cases
Introduction There are two courts dealing with criminal cases, the Magistrates’ Court and the Crown
Court. The case will be heard in the court with the correct jurisdiction (see below). All
preliminary matters are dealt with at the Magistrates’ Court and then the case is sent to the
appropriate court. Appeals are heard in the Crown Court, High Court, Court of Appeal and
Supreme Court. Sentencing occur in both the Magistrates’ Court and the Crown Court. Both
courts have access to all four available sentences (discharge, fine, community sentence,
custodial sentence). In the Magistrates’ Court, cases are decided and sentenced by lay
magistrates. In the Crown Court, cases are heard by a judge and jury.
Jurisdiction of the Magistrates’ Court The Magistrates’ Court deals with all summary offences and some triable either-way
offences. Their sentencing power is limited to 6 months imprisonment.
Jurisdiction of the Crown Court The Crown Court hears some triable either-way offences and all of the indictable offences.
The judge in the Crown Court has unlimited sentencing powers.
Classification of offences There are three types of criminal offences:
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 2
Summary Offences
Triable Either-Way Offences
Indictable Offences
Pre-Trial Procedures The accused will be put before the Magistrates’ Court who will deal with administrative
matters (known as an Early Administrative Hearing). This may be done by a single
Magistrate or the Legal Adviser who will make decisions about legal aid and bail.
Summary offences These may be dealt with at the Magistrates’ Court at the first hearing. If the defendant
pleads guilty, the magistrates can sentence the defendant immediately or adjourn the case
to allow for a pre-sentence report to be made by the probation service (these reports
outline the defendant’s circumstances and can aid the magistrates in their sentencing). The
jurisdiction of the Magistrates’ Court is imprisonment up to 6 months for one offence
(maximum of 12 months for two offences). Magistrates can also impose community-based
sentences, fines and conditional or absolute discharges.
v These are the least serious ‘petty’ crimes. They are tried summarily at the
Magistrates’ Court.
v Summary offences include assault, and most traffic offences.
v These offences may be tried at the Magistrates’ Court or at the Crown Court
depending on the circumstances of the case.
v Assault occasioning actual bodily harm (ABH) and theft are triable either-way
offences.
v These crimes must be tried at the Crown Court. They are the most serious offences.
v Murder, robbery and rape are all indictable offences.
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 3
Triable either-way offences After the Early Administrative Hearing, a person charged with a triable either-way offence
will have a ‘plea before venue’ hearing where the defendant will enter a guilty or not guilty
plea. If the defendant pleads guilty, the magistrates will sentence. If however, the
magistrates believe that the defendant deserves a more severe punishment than they have
the power to give, the magistrates will send the defendant to the Crown Court for a judge to
pass sentence.
If the defendant pleads not guilty, there will be a ‘mode of trial’ hearing. Magistrates will
consider the case and decide if they accept jurisdiction (have enough sentencing power).
They will consider the seriousness of the case and hear reasons from both the prosecution
and the defence.
If the magistrates decline jurisdiction, the case will be sent to Crown Court for a trial by
judge and jury. If the magistrates accept jurisdiction, the defendant has the right to opt to
be tried summarily at the Magistrates’ Court or choose a trial by jury at the Crown Court.
Indictable offences After the preliminary administrative matters have been dealt with at the Magistrates’ Court,
a defendant charged with an indictable offence will be sent to the Crown Court. If the
defendant pleads guilty to an indictable offence, the judge will pass sentence. If the
defendant pleads not guilty, he or she will be tried by a jury who will decide the verdict. If
found guilty by the jury, the judge will pass sentence.
Appeals and appellate courts The defendant has had their case heard at the Crown Court or Magistrates’ Court depending
on the type of offence they have committed. If defendant pleaded guilty, they would have
been sentenced by the court. If they pleaded not guilty, a trial will be held and the verdict of
guilty or not guilty would be made. This decision can be contested by way of an appeal to a
higher court.
Appeals can be made by both the defence and prosecution.
Appeals from the Magistrates’ Court: Defence – If the defendant has their trial at the Magistrates’ Court an appeal can be made
to the Crown Court regarding the facts or the sentence. The case will be re-heard by a
Circuit Judge and two Magistrates, who can uphold the conviction, quash the conviction or
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 4
vary the sentence. If the Crown Court wishes to increase the sentence, they must not
exceed the jurisdiction of the Magistrates’ Court (max. 6 months imprisonment). If during
the Crown Court appeal a point of law becomes evident in the case, it will then be sent to
the Queen’s Bench Division of the High Court for consideration.
Defence & Prosecution – Both the defence and prosecution can appeal on a point of law by
way of case stated. This appeal is from the Magistrates’ Court to the Queen’s Bench Division
of the High Court. The High Court Judge will re-try the case and can send the case back to
the Magistrates’ Court (remit), confirm the decision of the Magistrates’ Court, reverse the
decision and acquit the defendant or change the charge to a different offence.
A final appeal can be made from the Queen’s Bench Division of the High Court to the
Supreme Court if the case involves a point of law of general public importance. Such an
appeal requires leave granted by either the High Court or the Supreme Court itself.
Appeals from the Crown Court: Defence - If the defendant has their trial at the Crown Court an appeal can be made under
the Criminal Appeals Act 1995 if there has been an unsafe conviction. This appeal goes to
the Court of Appeal who has the power to vary the sentence, order a re-trial, quash the
conviction or vary the offence. An appeal on the facts will require substantial new evidence
and leave to appeal. The Criminal Case Review Commission may ask the Court of Appeal to
grant an appeal if they believe that a miscarriage of justice has occurred. Appeals can also
be made regarding the law (in that the judge has misdirected the jury) or that the sentence
was too harsh.
Cases concerning human rights issues may be appealed further to the European Court of
Human Rights. The Supreme Court may refer a case concerning European Union law to the
Court of Justice of the European Union for a decision. This is known as an Article 267
referral. This is rare in criminal cases.
Prosecution – The Attorney-General can appeal to the Court of Appeal against a lenient
sentence under the Criminal Justice Act 1988 in order to get the sentence increased. The
Attorney-General can also make an Attorney-General’s Reference to the Court of Appeal
under the Criminal Justice Act 1972. This is where the defendant has been acquitted by a
jury and the Attorney-General believes the law needs to be changed for future cases. An
appeal by the prosecution can be made to quash an acquittal under the Criminal Justice Act
2003. This can only be made to the Court of Appeal when there is compelling new evidence.
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 5
The prosecution can also appeal under Criminal Procedure and Investigations Act 1996 to
the High Court. This is where there the prosecution asked the High Court to quash an
acquittal because of interference with a witness or the jury.
A final appeal can then be made by the defence and prosecution to the Supreme Court if the
case involves a point of law of general public importance. Such an appeal requires leave
granted by either the Court of Appeal or the Supreme Court itself.
Sentencing and court powers:
Introduction to Sentencing If someone pleads guilty or is found guilty after a trial then the magistrates or judge,
depending upon where the case was held, must decide what will happen next. The courts
have a range of options open to them including sending an offender to prison or requiring
them to pay a fine. The option that is chosen will be based on many factors including the
type of offence, the minimum/maximum sentence available, the circumstances of the
offence, the age of the defendant, their background and the aims of sentencing. Often, the
court will order a pre-sentencing report to be compiled by the probation service which looks
at the offender and their crime in greater detail.
Aims The aim/purpose of a sentence is what the judge hopes it will achieve.
Criminal Justice Act 2003 s.142 lists the main aims of sentencing as:
Punishment of offenders, reduction of crime (including deterrence), reform and
rehabilitation of offenders, protection of the public, the making of reparation of the
offenders to persons affected by their offences.
Young offenders – s.142A states that as well as these aims, the principal aim for young
offenders is to prevent offending or reoffending. Consideration must also be given to the
welfare of the offender.
PUNISHMENT The aim of a retributive sentence is to punish the offender. The idea is that if a person has
knowingly done wrong, they deserve to be punished and society expects that they are. This
aim of sentencing does not seek to reform the offender although it could be argued that
threat of a severe punishment could act as a deterrent.
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 6
Another form of punishment is denunciation. Society expresses its outrage at the behaviour
of the individual and condemns it. This is sometimes used in America as convicted shop-
lifters are made to stand outside the shop that they stole from with a sign proclaiming that
they are a thief. Local newspapers also feature sections ‘naming and shaming’ those who
have been convicted.
REDUCTION IN CRIME (DETERRENCE) This aim is to reduce crime by dissuading people from offending or reoffending.
There are two different types of deterrence:
1. A specific deterrent applies to an individual and the aim is to deter that particular
person from re-offending. A custodial sentence could act as a deterrent as the
offender who is sent to prison will be reluctant to reoffend as they do not want to be
sent back in the future.
A suspended sentence acts as a deterrent as the offender does not go to prison for the
offence they have been convicted of unless they commit another similar offence within a
specified time.
2. A sentence designed to act as a general deterrent is aimed at the public. The hope is
that people will be deterred from committing crimes by the level of punishment that
they will receive if convicted. People convicted of certain crimes will be given a very
harsh sentence to deter others from committing the same crime. This might be used
if a particular type of crime has become a problem in an area – for example football
hooliganism, joy-riding or mobile phone robberies.
REFORM & REHABILITATION An offender is helped to solve the issues that lie behind his/her criminal behaviour. The
intention is that if the problems are solved then the offender will avoid committing further
offences.
A drug addict who steals to fund their habit may be assisted to overcome their addiction
thereby removing the need to steal in future. A person who reacts aggressively and commits
acts of violence may be sent on an ‘Anger Management’ course. Other offenders may be
helped to develop their social skills and some may undertake training to improve their
chances of employment.
Individualised community sentences are often used to help rehabilitate the offender in the
hope that this will reduce the chance of reoffending in the future. The probation service will
often be involved to help the offender deal with the issues that have resulted in their
offending.
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 7
PROTECTION OF THE PUBLIC This aim is frequently used as a strong general justification for punishment and
imprisonment in particular. It is argued that the public need protection from dangerous
criminals who commit violent or sexual offences. Imprisonment removes these criminals
from the public domain by restricting their liberty. In physically restraining offenders, it
protects the public, albeit temporarily from becoming the victims of further acts of crime.
The public can also be protected from offenders who are given other sentences. For
example, a drink driver will be disqualified from driving. Offenders who are subject to a
curfew or electronic tag will restrict their movements and therefore, reduce their contact
with the general public.
REPARATION This is based on the notion that the offender “makes amends” for their crime. They attempt
to ‘repair’ the damage caused by their offence, usually by carrying out work in the
community or by paying financial compensation. This encourages offenders to accept
responsibility for their crime.
Restitution requires the offender to make reparation to society as a whole. This could be
done through a community order for unpaid work to clean graffiti or clean up a playground.
The courts are more ready to consider reparation directed specifically at the victim of the
offender’s crime.
Section 142 of the Criminal Justice Act 2003 makes specific reference to ‘the making of
reparation of the offenders to persons affected by their offences’. This means that the
victims of a crime will be considered in the sentencing of the offender. If the offender has
caused criminal damage, the sentence could involve them repairing the actual property they
have damaged.
Section 130 of the Powers of the Criminal Courts (Sentencing) Act 2000 the court must
consider making a compensation order for the offender to pay to the victim of their crime.
The Act states that the court must give a reason if they decide not to make a compensation
order.
Factors In the Magistrates’ Court, it is the magistrates who decide on the sentence whilst at the
Crown Court it is the judge who sentences the offender. Additionally, under the Powers of
Criminal Courts (Sentencing) Act 2000, the magistrates may send a convicted offender to
the Crown Court to be sentenced if they feel that their powers of sentencing are not
sufficient.
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 8
Pre-Sentence Reports The court may order a pre-sentence report to be prepared by the probation service before
proceeding to sentence. The offender meets with a probation officer who then prepares the
report. Each report will contain basic information such as the offender’s age, background
and detail any previous convictions. Additionally, it will include details of offender’s attitude
to the offence as well as details of the offence itself. The report may also include the views
of the victim. The offender will be assessed as to the risk of their re-offending and whether
they are considered to be a danger to the public. On the basis of this information, a type of
sentence is recommended.
Aggravating Factors These are factors which make an offence more serious and can result in a more severe
sentence being passed. They can include a number of things such as the use of a weapon, a
pre-meditated attack, if the offence involved a breach of trust, a racist or religious motive
behind the offence, if the victim was particularly vulnerable. It also includes any relevant
previous convictions and if the offence was committed whilst on bail.
Mitigating Factors The court will take these into account and they may mean that the offender receives a more
lenient sentence than they would have done. Mitigating factors may relate to the offender
and can include previous good character, personal circumstances and the fact that they
have shown remorse. Under s.144 of the Criminal Justice Act 2003, a prompt guilty plea can
reduce the sentence by up to one third. This reduction reduces the closer it gets to the trial.
A reduction of one tenth will be made if the offender changes his/her plea to guilty on the
day the trial starts.
Other mitigating factors include assisting the police, the fact that the offence was
committed on the spur of the moment rather than being pre-meditated, the fact that the
offender was provoked or an attempt by the offender to compensate the victim.
Sentencing Council The Sentencing Council for England and Wales was set up by the Coroners and Justice Act
2009. Their roles are to prepare sentencing guidelines, monitor the operation and effect of
its sentencing guidelines, draw conclusions and promote awareness of sentencing and
sentencing practice to the general public.
Types of sentences There are 4 main types of sentences available to a judge or magistrate. They range from a
discharge all the way to a custodial sentence.
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 9
DISCHARGE Imposed in 8% of cases when the defendant has been convicted of an offence but the court
is of the opinion that punishment is unnecessary for some reason. There are two different
types –conditional and absolute.
A conditional discharge means that although the offender will have a criminal record, no
further action will be taken against them as long as they do not commit a further offence
within a specified time period of up to 3 years. If they do commit a further offence, they
may be re-sentenced for this offence as well as receiving whatever sentence is passed for
the second offence.
An absolute discharge means that they will have a criminal record but no further action is
taken against them. This may be imposed on first-time offenders charged with a very minor
offence.
FINE A fine requires the offender to pay a financial penalty and may be imposed alone or in
addition to another type of sentence. When setting the level of a fine, the court must take
into account two factors. Firstly, the seriousness of the offence and secondly, the financial
means of the offender - as they may go to prison if the fine is not paid. According to the
Home Office, fines are imposed in approximately 71% of cases each year making them by far
the most common type of sentence.
COMMUNITY SENTENCE A community sentence is imposed in 13% of cases each year. It is still a serious punishment
but is an alternative to prison. Anyone aged 16 or over can be given a community sentence
and it is seen as more effective at rehabilitating offenders than sending them to prison.
Under s.48 Criminal Justice Act 2003, it can only be passed it the offence is serious enough
to warrant it. Community sentences can be made up of various elements. The advantage of
a community sentence is that it can be tailored to the needs of the individual.
A community order can combine one or more requirements from the list stated in s.177
Criminal Justice Act 2003: an unpaid work requirement, an activity requirement, a
programme requirement, a prohibited activity requirement, a curfew requirement, an
exclusion requirement, a residence requirement, a mental health treatment requirement, a
drug rehabilitation requirement, an alcohol treatment requirement, a supervision
requirement and an attendance centre requirement (if the offender is under 25 years old).
All of these community orders are available for offenders over the age of 16 years.
There are many types of community-based sentence, including:
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page10 10
1. Unpaid Work
This is an order of between 40 hours and 300 hours of work supervised by the Probation
Service. This work is usually at weekends and therefore, it is a punishment as the offender
will have their free time restricted. They are also involved in a reparation activity to the
community as a whole. Work includes clearing litter, cleaning graffiti, painting schools and
play areas etc.
2. Activity Requirement
This may include activities for the purpose of reparation. The activity will not exceed 60 days
and may involve contact between offenders and persons affected by their offences.
3. Mental Health Treatment Requirement
Section 207 Criminal Justice Act 2003 states ‘…the offender must submit, during a period or
periods specified in the order, to treatment by or under the direction of a registered medical
practitioner or a registered psychologist (or both, for different periods) with a view to the
improvement of the offender’s mental condition.’
4. Alcohol Treatment Requirement/Drug Rehabilitation Requirement
This order puts the offender under the supervision of a specified person who will offer
treatment to the offender with a view to the reduction or elimination of the offender’s
dependency on or propensity to misuse drugs or alcohol.
5. Curfew Requirement/Electronic Monitoring Requirement
A curfew orders the offender to stay at a fixed address between certain hours of the day for
up to 6 months. This is a much cheaper option that prison as the offender will still be
allowed to work (if they have a job) and therefore, pay their own living expenses. The
offender may be fitted with an electronic tag to monitor their whereabouts.
6. Supervision Requirement
A probation officer will regularly meet with the offender and supervise them for up to 3
years. The probation officer will use the opportunity to try to rehabilitate the offender.
7. Attendance Centre Requirement
The main purpose of an Attendance Centre Requirement is punishment where the level of
seriousness is low. It offers constructive activities in a group environment for offenders
under 25 years old, whilst imposing a restriction on their leisure time. The requirement is
one whereby the offender must attend an Attendance Centre specified for the number of
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page11 10
hours specified (at least 12 and a maximum of 36 in total). The court should only impose
this requirement if it is satisfied that the Attendance Centre is reasonably accessible to the
offender.
8. Residence Requirement
This order requires the offender to live at a specified address for a given period of time. This
requirement could be used in conjunction with other requirements such as curfew etc so
that the probation service knows the whereabouts of the offender.
9. Exclusion Requirement
This prevents offenders from visiting certain places where they are likely to commit crimes.
This can include football grounds or town centres. An offender over 16 years old can have
an exclusion requirement for up to 2 years (under 16 years old, the order can be a maximum
of 6 months).
10. Programme Requirement
The programme aims to teach the offender how to think or behave differently so as to help
reduce the risk of reoffending. The programme may include looking at how to handle
problems, how to deal with other people and how to behave in difficult situations. The
offender may attend the programme alone or as part of a group.
11. Prohibited Activity Requirement
The court imposes such an order to try to prevent the offender committing the same type of
offence in the future. The prohibited activity will relate to the offence committed e.g. a
person who has caused criminal damage by spraying illegal graffiti can be banned from
carrying spray paint, a shoplifter may be banned from a shopping centre etc.
CUSTODIAL As there is no longer the death penalty in the UK, the most severe criminal sanction for
those over 21 is imprisonment. The punishment is the removal of the offender’s liberty but
can often go beyond this as the prisoner’s whole life is affected. They may lose their jobs,
homes and families as a result of a prison sentence.
Under the Criminal Justice Act 2003, the court can only pass a custodial sentence if it thinks
that the offence ‘was so serious that neither a fine alone nor a community sentence can be
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page12 10
justified for the offence.’ It may also be imposed to protect the public from violent or sex
offenders.
Mandatory Life Sentences
The crime of murder carries an automatic life sentence. The judge will set the minimum
time that is to be served before the offender is eligible to be considered for release on
licence. The minimum terms as stated by the Criminal Justice Act 2003 include; whole-life,
30 years and 15 years. Whole-life sentences for murder include offenders who have
previously been convicted of murder, murder of two people with sexual or sadistic conduct,
murder of a child involving abduction with sexual or sadistic conduct and terrorist murders.
A 30 year minimum sentence for murder includes offenders who have murdered a police
officer or prison warden, used a firearm or explosive, racially aggravated murder and a
sexual or sadistic murder of an adult.
Any other types of murder will have a set minimum term of 15 years (12 years for offenders
under 18 years old).
Discretionary Life Sentences
Some crimes carry a discretionary life sentence. For manslaughter, rape and robbery, the
judge has the power to sentence the offender anything up to life imprisonment.
Fixed-Term Sentences
Offenders who have committed other crimes will be given a fixed-term sentence for a set
number of months or years. The offender will be automatically released after half of their
sentence.
Suspended Sentences
In exceptional circumstances, an offender may receive a suspended prison sentence varying
in length from 6 months to 2 years. This means that the offender does not have to go to
prison. Their sentence may be suspended for a period between 1 and 2 years. The offender
may also be obliged to carry out work in the community and must not commit any further
offences during the time the sentence is suspended otherwise the sentence will be
activated and the offender will go to prison.
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page13 10
Evaluation of the different types of sentences
Type Advantages Disadvantages
Custodial Custodial sentences
protect the public from
dangerous criminals.
Crimes cannot be
committed whilst the
convict is in jail.
The prospect of a jail
sentence should act as a
deterrent e.g. a suspended
sentence would deter a
person from committing
another crime.
The public are only protected
whilst the convict is in jail.
Reoffending rates are high which
means that the deterrent doesn’t
work for many.
Expensive drug rehabilitation
schemes are only offered to
people who are subject to lengthy
prison sentences.
Community Community sentences can
work with the offender and
help to solve the reasons
behind the offending and
rehabilitate them.
The probation service
monitor the offender
whilst serving the
sentence.
As many of these sentences are
concerned with rehabilitation,
critics argue that there is a lack of
punishment and that these are the
soft option.
Fine A fine works well as a
deterrent particularly with
motoring offences as it
deters the driver from
committing dangerous
offences such as speeding
and running traffic lights.
A fixed penalty fine is fair
because everyone is
treated equally (same
crime, same fine).
There is an inequality when issuing
fines. Rich people will not be
punished or deterred by a fine as
they can easily pay it.
Many people have fines taken
directly from their benefits. It
could be argued that fining people
who are already very poor, will
only make matters worse and
could increase their need to
commit more crimes.
Discharge A conditional discharge
acts as a deterrent as the
offender is told that they
will face a penalty should
they commit another crime
An absolute discharge is only used
for the most petty of crimes. It
could be argued that the time and
money of taking the case to court
should result in some sort of
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page14 10
in the future. penalty. Alternatively, the CPS
shouldn’t prosecute the case in
the first place. A police warning
could be sufficient.
Lay magistrates There are around 29,000 lay magistrates sitting as part time judges in the Magistrates’ Court.
They are also known as Justices of the Peace. Magistrates have been used in the justice system
for over 1000 years. Magistrates work in a bench of three that consists of two wingers and a
chairman.
Qualifications Lay magistrates do not have any legal qualifications however there are some key
requirements that each prospective magistrates must meet.
Six Key Qualities In 1998 the Lord Chancellor set out 6 key qualities which each candidate must have.
1. Good character
2. Understanding & communication
3. Social awareness
4. Maturity & sound temperament
5. Sound judgement
6. Commitment & reliability
Selection & Appointment About 1,500 lay magistrates are appointed each year. The appointments are made by the
Lord Chancellor. Candidates must first apply to the Local Advisory Committees (LAC). The
LAC is made up 12 members who are a mixture of magistrates and non magistrates. To try
to encourage a wide variety of candidates the committee must place adverts in local press
and newspapers aimed at particular ethnic groups. The intention is to create a balanced
panel to represent the society as a whole. Once the candidates have applied they must face
two interview panels. During the first interview the panel are trying to find out if the
candidate has the 6 key qualities as stipulated by the Lord Chancellor. Successful candidates
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page15 10
then progress to the second interview which is a practical test to assess the candidate’s
judicial aptitude as they are presented with at least 2 case studies. The advisory committee
will then recommend candidates for appointment to the Lord Chancellor. Lay magistrates
are expected to sit for a minimum of 13 full days or 26 half days a year.
The traditional view is that magistrates are ‘middle-class, middle-aged and middle-minded’.
However this view is starting to change as the adverts aimed at ethnic minorities appear to
work.
Role in criminal cases Lay magistrates have a wide variety of duties the criminal courts. They hear 97% of all
criminal cases and deal with the preliminary matters for every criminal case.
Criminal Courts Magistrates are responsible for deciding bail for each defendant. They also hear summary
and some triable-either way trials, during which they are responsible for the sentence and
verdict for the defendant. Magistrates also hear mode of trial hearings for triable-either way
offences or committals for indictable offences. In the criminal courts the magistrates can
also issue search and arrest warrants, they are also responsible for extending detention
periods for suspects being held at the police station.
Youth Court Magistrates can take part in additional training to sit on the Youth Court Panel for offenders
between the ages of 10 and 17 years old. The panel must include one man and one woman
and each member must be under the age of 65. Magistrates can also undertake special
training to heard family cases under the Children Act 1989, including adoption orders.
Appeals Lay magistrates can also sit in the Crown Court to hear appeals from the Magistrates’ Court
alongside a qualified judge.
The Legal Adviser Each bench of lay magistrates is assisted in carrying out their role by a clerk, who is often
called the legal adviser. The legal adviser must have been a solicitor or barrister for at least 5
years to qualify. Their job is to advise the magistrates on practice and procedure and answer
any questions about the law. The legal adviser is not supposed to assist in the decision
making and would normally retire whilst the magistrates come to their decision.
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page16 10
Evaluation using lay people in criminal cases The use of lay magistrates in criminal cases is heavily criticised, however there are some
that support their continued use.
Advantages Disadvantages
Lay magistrates are representative
of society based on gender.
Lay magistrates are appointed from
their local area, so they have local
knowledge.
Lay magistrates are unpaid, the
system is cheap.
Lay magistrates can rely on the
advice of the legal adviser to help
them reach the right decision.
There are very few appeals from the
Magistrates’ Court so they must get
most of their decisions right.
Lay magistrates are described as
‘case-hardened’.
Lay Magistrates tend to rely heavily
on the evidence of the police and
the prosecution.
Lay magistrates are criticised for being ‘middle-aged and middle- classed’ and failing to represent society.
Lay magistrates are criticised for being too reliant on the legal adviser and not making their own decisions.
Lay magistrates are criticised for being inconsistent when sentencing and delivering a variety of sentences for very similar offences.
Juries
Qualifications The Juries Act 1974 contains the qualifications for jury service (as amended by the Criminal
Justice Act 2003 and Criminal Justice and Courts Act 2015)).
Name the 3 main qualifications for jury service:
Aged between 18 and 75
Registered as a parliamentary or local government elector
Ordinarily resident in the United Kingdom, the Channel Islands or Isle of Man for at least five years since their thirteenth birthday
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page17 10
Some people cannot do jury service. They are:
1. Deferred Jury service can be deferred under certain circumstances - such as a hospital appointment
or a family wedding. If granted a deferral, the person will be able to undertake jury service
at another date within 12 months of the original summons. Decisions on whether someone
may defer or be excused from jury service are made by the Jury Central Summoning
Bureau.
2. Excused
An excusal can be given at the discretion of the court if a person is ill or elderly. Certain
professions can also ask for a discretionary excusal. Since the Criminal Justice Act 2003, the
armed forces, doctors, pharmacists etc. can only be granted an excusal if they have good
reason. An excusal can be made at the court’s discretion but it is more likely that they will
grant a deferral instead.
3. Incapacity
A judge may remove a juror if they believe that they are not capable of coping with the case.
An inability to understand English and certain disabilities such as being blind can make a
potential juror incapable. Deaf jurors have also been deemed to be incapable of sitting on a
jury. This was because a sign language interpreter would not be allowed in the jury room
during deliberation as this is strictly limited to the 12 jurors.
4. Ineligible
Mentally disordered people are ineligible to serve on a jury. The Criminal Justice Act 2003
defines the different types of mental illness e.g. psychopathic disorder and mental handicap.
Qualifications – before the Criminal Justice Act 2003 Before the Criminal Justice Act 2003, there were more categories of people who were
ineligible for jury service due to their profession. These professions are no longer ineligible
and include police, lawyers, judges and the clergy. In 2004, Lord Justice Dyson was the first
judge to be picked for jury service under the new rules. Cases such as R v Abdroikof, R v
Green and R v Williams (2007) have challenged the fairness of having police officers sitting
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page18 10
on a jury but the Supreme Court has decided that it would be unfair if the police officer on
the jury worked at the same station as the arresting officer.
R v Abdroikof, R v Green and R v Williams (2007)
v These three separate cases were appealed together to the House of Lords (now
known as the Supreme Court).
v Abdroikov’s appeal was due to the fact that there was a police officer on his jury.
v Green also had a police officer sitting as a juror where the victim of the crime was
also a police officer from the same local area.
v Williams was charged with rape and one of the jurors was a Crown prosecutor.
v Although there was no evidence of bias and Lord Bingham accepted that all human
beings has their own prejudice, the convictions of Green and Williams were quashed
by a majority in the House of Lords as it was considered that the inclusion of these
legal professionals meant that the trials would not be considered fair by a
reasonable onlooker.
v Lord Roger (dissenting) said that these decisions go against the Criminal Justice Act
2003 and therefore go against Parliament’s wishes that police and other legal
professionals are eligible for jury service. He also thought that the Act could be in
contravention of article 6 of the Human Rights Act – the right to a fair trial.
5. Disqualified Criminals who have received prison sentences of 5 years or more are permanently
disqualified from sitting on a jury. A criminal who have served a short custodial sentence or
community sentence will be disqualified from jury service for 10 years. People are also
disqualified whilst on bail.
Selection & Appointment
Summons Those selected will receive a jury summons through the post advising them that they have
been chosen and informing them where they must go and when. They must reply to the jury
summons within seven days. Failure to complete jury service when summoned is a criminal
offence and can be punished with a fine of up to £1000. Jurors are usually expected to sit
for ten working days and since the average trial lasts about a day and a half, it is highly likely
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page19 10
The ABC Trial (1978)
that a juror will sit on more than one trial. Sometimes, a juror will be required to sit for
more than 10 working days if the trial is expected to last longer.
At Court The ‘jury in waiting’ will wait in a large room known as the jury pool. When a jury is
required, a court official will choose a number of jurors – usually 15, at random from those
called for duty. The court clerk will shuffle the names of the 15 potential jurors. Although
only 12 are needed for the trial itself more people are taken into the court in case a juror is
unable to sit, for example, if they know the defendant or anyone involved in the case.
Vetting The prosecution and defence have the right to see the list of selected potential jurors. The
pool of jurors may be vetted through a:
routine police check, or
wider background check
A police check would identify if any of the jurors have criminal records. Vetting of the jury’s
wider background will only be allowed in exceptional circumstances. Permission must be
granted by the Attorney General in cases involving national security or terrorism. Such
vetting was used in ABC Trial (1978).
Challenging Once the 12 jurors have been chosen for the case, the defence and prosecution may
challenge ‘the array’ or ‘for cause’:
Challenge the array – under s.5 Juries Act 1974 both the defence and prosecution
can challenge the whole jury if they consider they were chosen in an
unrepresentative or biased way. In 1993 the array was successfully challenged when
it turned out that 9 out of the 12 jurors all live in the same area of Romford.
Fact: Two journalists interviewed a former army corporal who divulged secrets. All three
were charged with criminal offences under the Official Secrets Act 1911.
Held: The jury had been vetted in this case involving the Official Secrets Act 1911. Since this
case, it has been decided that juries can only be vetted if the case involves national security,
terrorism or ‘professional’ criminals. Permission for such vetting of a jurors criminal record
must be granted by the Attorney General.
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 20
R v Fraser (1987) & R v Ford (1989)
Challenge for cause – a valid reason must be given to remove an individual jury
member. Reasons could be that the juror is found to be disqualified or they know
someone involved in the trial.
The final type of challenge can only be made by the prosecution:
Stand by for the Crown – the prosecution can make sure a person will not be picked
for a jury except as a last resort. According to the Attorney General, these powers
will only be used as a last resort. The juror is put on stand-by.
After any challenges have been made, the jury will be sworn in and the trial will commence.
Role in criminal cases Jurors are lay people and as such do not require any legal knowledge. The judges will assist
them with any points of law and the lawyers will be aiming to make their case as clear as
possible so that the jury can understand.
Juries are only used in about 1% of criminal cases because magistrates deal with the
majority of criminal offences. The use of juries is reserved for the more serious cases such as
murder, rape and GBH. Trials take place in the Crown Court, with a jury of 12. Since most
jurors will not have legal experience, the judge will guide them on the relevant law. The role
of the jury is to decide on the facts by consideration of the evidence. Jurors then reach a
verdict of 'guilty' or 'not guilty'.
Unanimous Verdicts
The jurors must aim to reach a unanimous verdict initially but under the Criminal Justice Act
1967 allows for majority verdicts to be accepted (10-2 or 11-1) to reduce the number of
retrials when not all jurors can agree and also to counteract the effects of jury tampering.
R v Fraser (1987)
The array was successfully challenged when the jury were all white and the defendant was
from an ethnic minority background.
R v Ford (1989)
A randomly selected jury cannot be challenged simply because it is not multi-racial.
Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page21 21
Majority Verdicts
Majority verdicts are only acceptable if the jury have been deliberating for more than 2
hours. If the jury has during the trial dropped to 11, the majority must be 10-1. If it has
dropped to 10, it must be 9-1. If 9 jurors are left, it must be a unanimous decision. If the jury
drops below 9, the trial must start again with a new jury.
Majority verdicts were introduced to prevent jury tampering. This is where the jury is bribed
or threatened. The Criminal Justice Act 2003 states where there is evidence of jury
tampering s.44 of the Act allows the trial to be heard by the judge alone. This is very rare
and there must have been attempts to influence the jury.
If the defendant is found guilty by the jury, it will be the judge who passes sentence upon them.
Alternatives and Reforms Many suggestions have been made over the years as to how the jury system should be reformed. It should be remembered however, that juries only deal with 1 % of cases.
Make juries undergo training prior to sitting on a case
Use fewer jurors as there is no good reason why 12 are required
Make juries give reasons for their verdicts
Allow judges to retire with juries to assist them
End trial by jury and replace them with a single judge or panel of judges
Have professional jurors
Evaluation using lay people in criminal cases The use of juries in criminal cases is heavily criticised, however there is also a lot of support
for their continued use.
Advantages Disadvantages
The public participate in the justice
system. This is an advantage
because justice is seen to be done,
as ordinary members of the public
are involved in the administration of
justice making the whole process
They do not have to give reasons for their decision. This is a disadvantage because it makes it difficult for defendants to appeal against their verdict.
They do not receive any training so
most are complete amateurs. Sir
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 1
public.
Jury equity whereby juries make
decisions according to their
conscience rather than the strict
letter of the law. Jury equity is an
advantage, which was established in
Bushell’s case (1670) which means
that juries cannot be pressurised by
a judge.
Juries are representative of society.
This is an advantage because the
process of random selection should
result in a cross section of society
which should lead to an impartial
jury as they are not connected to
anyone in the case.
Their deliberations are kept secret
and their decision made away from
external influence.
Louis Blom-Cooper QC – ‘the jury is
the high point of amateurism,
potentially a recipe for
incompetence and bias.’
Juries may not understand the law
and reach the wrong/perverse
decision. This is a disadvantage
because there is no way of knowing
if jury understood case and came to
decision for right reasons, because
they don’t have to give a reason for
their decision.
The secrecy of the jury room means
that it is impossible to tell how
jurors reached their verdict. This is a
disadvantage because there is no
way of knowing if the jury
understood the case and have come
to the decision for the right reasons.
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 2
Introduction It is necessary to know some basics about criminal law. It is also important to use the correct
legal terminology when explaining the criminal courts.
Fill in the gaps using the words printed below:
A crime is an offence that has been committed against the …………..
The defendant will be ………….. on behalf of the Crown by the CPS
(Crown Prosecution Service).
The prosecution must find the defendant guilty ‘beyond all ………….
doubt’. This is the …………. of proof in a criminal case.
The burden of proof is on the prosecution to prove the …………. is
…………..
If found guilty, the defendant will be ………….. This may be a
discharge, fine, community-based sentence or a …………. sentence.
Guilty Reasonable State Standard Prosecuted Custodial Sentenced Defendant
Task: From your general knowledge and from previous topics, see how many of these
questions who can answer:
1. What is the difference between a criminal case and a civil case?
2. Who would have dealt with a person accused of a crime before they reach court?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 3
3. Which courts deal with criminal trials?
4. Which courts deal with criminal appeals?
5. What is the difference between a trial and an appeal?
6. Which other topics that you have learnt link to the study of criminal courts?
Pre-Trial Procedures
Q. What is the role of the probation service?
Triable either-way offences
Q. What are the advantages of having a case heard at the Magistrates’ Court?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 4
Q. What are the advantages of having a case heard by a jury at Crown Court?
Appeals and appellate courts –Questions
Answer the following questions:
1. If a case is appealed from the Magistrates’ Court to the Crown Court, who will hear the case?
2. If a case is appealed from the Magistrates’ Court to the Crown Court, what powers does the
Crown Court have?
3. When would a defendant appeal to the Queen’s Bench Division?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 5
4. If a case is heard at the Crown Court, which court will hear the appeal?
5. Which Act of Parliament contains the rules on appeals?
6. What are the 3 things that the defence can appeal on?
7. Name 3 types of appeal that can be made by the prosecution.
8. What type of appeals are heard by the Supreme Court?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 6
9. That is required to have a case heard at the Supreme Court?
10. Can a case go any higher than the Supreme Court?
TASK: Would you allow an appeal in the following cases? (Give the grounds)
(a) Mr Bentley was found guilty of the murder of a Police Officer in 1952. This was during a
burglary, when his accomplice shot the Police Officer. Bentley was present at the shooting
but had been arrested and was held by the police. He had allegedly said “Let him have it
Chris”. Bentley was eighteen but had a mental age of 11. This fact was never given to the
jury. The Judge summed up in a very biased way, favouring the police. Bentley was hanged
on 28th January 1953.
(b) The Bridgewater Four were convicted of the murder of a schoolboy, but always denied it.
One of the defendants had been questioned by police for ten days without a lawyer, then
confessed after seeing a fabricated confession from one of the other defendants. They
spent 18 years in prison, eventually new fingerprint evidence was disclosed, proving they
were not involved.
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 7
(c) Mr Woollin was convicted of the murder of his own baby when he threw the child
against a wall, during a moment of anger, as the baby was crying and would not feed. The
trial Judge advised the jury that they must ask themselves if there was a significant risk of
harm. He should have said “was serious harm a virtually certainty”. Woollin was jailed for
life.
(d) Mr Dunlop was acquitted of murder after two different juries could not decide if he had
killed pizza delivery girl Julie Hogg. He later confessed that he had in fact killed her (to a
friend).
(e) Mr Plakici was convicted of the kidnapping and forced prostitution of several young
eastern European girls. He was sentenced to ten years in prison.
(f) Mr Twomey was acquitted of the biggest armed robbery in the UK after a jury could not
reach a majority verdict. He was in fact guilty and the original jury had been nobbled.
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 8
Research task:
There are many miscarriages of justice cases including Derek Bentley, the Bridgewater Four,
the Birmingham Six, the Guildford Four and the Maguire Seven. Research one of these cases
and present your findings to the rest of the class.
TASK: Look on the Internet and find out some information about the work of the Criminal
Case Review Commission.
Key Terms: Define the following terms. Use clear definitions and examples if appropriate. You may also
add more of your own:
SUMMARY OFFENCES
EITHER-WAY OFFENCES
INDICTABLE OFFENCES
EARLY ADMINISTRATIVE
HEARING
JURISDICTION OF THE
MAGISTRATES’ COURT
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 9
PLEA BEFORE VENUE
MODE OF TRIAL
APPEALS FROM THE MAGISTRATES’
COURT
APPEALS FROM THE CROWN COURT
LEAVE TO APPEAL
Sentencing and court powers:
Introduction to Sentencing TASK: Look on the Internet and find out some information about the work of the probation
service. http://www.nationalprobationservice.co.uk/
Aims
PUNISHMENT
Q. In what way would a tag be a punishment?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 10
Q. Do you think the death penalty is an appropriate PUNISHMENT for a murderer?
Q. What is meant by the saying ‘an eye for an eye’?
Q. What would be the most equal form of punishment for a person who commits criminal
damage by smashing someone’s windows?
REDUCTION IN CRIME (DETERRENCE)
Q. If 55% - 65% of prisoners reoffend within 2 years of release (this figure is 70% for young
offenders), does deterrence work?
Q. What assumptions does the aim of deterrence make about the offender?
Q. Why is a general deterrent unfair on the offender who is set as an example to others?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page10 10
REFORM & REHABILITATION
Q. How will a pre-sentence report assist the court when deciding a sentence that will
hopefully reform and rehabilitate the offender?
Q. Why is this aim of sentencing more likely to work than punishment?
PROTECTION OF THE PUBLIC
Q. What type of sentence would protect the public from a football hooligan?
Q. Which type of sentence is the ultimate way to protect the public?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page11 10
REPARATION
Q. Could the requirement for the offender to meet their victim help reduce future
offending?
Q. If you were the victim of a crime, would you want to meet the offender?
Factors
Sentencing Council
Visit the Sentencing Council’s website: http://sentencingcouncil.judiciary.gov.uk/
Types of sentences
FINE
Q. Why is a fine more of a punishment for some offenders more than others?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page12 10
COMMUNITY SENTENCE
Q. How would the public be protected from an offender with a curfew order?
Group Task:
Peter has been caught shoplifting. He has a drug addiction and mental health problems. He is 21 years
old and unemployed living with his mum. He said that he goes shoplifting because he is bored.
Which community orders would you impose? Each group is to come to their decision and
must be able to link their decision to the aims of sentencing. Discuss which the most
appropriate sentence is for Peter.
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page13 10
Task: Which aim(s) of sentencing do you think the judge is using when they impose the
following community orders?
Community Order Aim(s) of Sentencing
Prohibited Activity Requirement
Exclusion Requirement
Attendance Centre Requirement
Residence Requirement
Supervision Requirement
Curfew Requirement/Electronic Monitoring
Requirement
Alcohol Treatment Requirement/Drug
Rehabilitation Requirement
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page14 10
Mental Health Treatment Requirement
Unpaid Work
CUSTODIAL
Life Sentences
Q. Define the word ‘mandatory’.
Q. Define the word ‘discretionary.
Fixed-Term Sentences
Q. What is the benefit of having sex offenders subject to an extended licence period?
Suspended Sentences
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page15 10
Petra is a single mother who is caught shoplifting clothes for her children. This is her 12th
offence and she has been previously fined and banned from the shopping centre.
Q. Explain how a suspended sentence may reduce her offending.
Evaluation of the different types of sentences
One advantage of a custodial sentence is:
This is an advantage because:
However:
One advantage of a community sentence is:
This is an advantage because:
However:
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page16 10
One advantage of a fine is:
This is an advantage because:
However:
One advantage of a discharge is:
This is an advantage because:
However:
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page17 10
YOU BE THE JUDGE – Group Activity
Task:
Consider the following situations. In your group, you must agree on an appropriate
sentence, consider aggravating and mitigating factors and consider the aim of the
sentence. You may wish to download the Sentencing Council’s guidelines for a more
authentic answer.
Situation 1
Simon was celebrating his 40th birthday with friends. He had a lot to drink and
on the way home he stole the milk off everyone’s doorstep in his street. The
neighbours reported him to the police. He said he had no recollection of
stealing the milk but for the fact that he had eight bottles of it in his house. He
was very sorry for what he did and has never been in trouble with the police
before.
Sentence: Aims:
Aggravating Factors: Mitigating Factors:
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page18 10
Situation 2
Hazel is 28 years old with two children. The neighbours call the police when
they hear shouting and smashing noises from her house. The police arrive and
Hazel has hit her boyfriend with a baseball bat causing actual bodily harm (he
has a cut on this head and has bruising on his body). Hazel tells the police that
he deserves it as he has been cheating on her. As the police take her away, she
shouts to her neighbours that she will “see to them for snitching on her”. Hazel
has five previous convictions for fighting and admits that she has a short
temper. She has previously been fined, had an electronic tag, and done unpaid
work in the community.
Sentence: Aims:
Aggravating Factors: Mitigating Factors:
Situation 3
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page19 10
Carl is 50 years old and addicted to heroin. He commits a robbery at the local
post office. He threatens the cashier with an imitation gun and gets away with
£1000. He pleads guilty at the earliest opportunity. He has previous convictions
for assault, possession of drugs, theft and burglary.
Sentence: Aims:
Aggravating Factors: Mitigating Factors:
Key Terms: Define the following terms. Use clear definitions and examples if appropriate. You may also add more
of your own:
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 20
PUNISHMENT
DETERRENT
REHABILITATION
PROTECTION OF THE PUBLIC
REPARATION
DISCHARGE
FINE
COMMUNITY SENTENCE
CUSTODIAL
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page21 21
PRE-SENTENCE REPORTS
AGGRAVATING FACTORS
MITIGATING FACTORS
Lay magistrates Q. Define the term ‘Lay’.
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page22 21
Qualifications Q. Could you be a Magistrate?
TASK: Read the information on the gov.uk website about the qualifications for being a
Magistrate. Look at the application form and make notes below:
Six Key Qualities Make notes about each of these qualities and why you think they would be important in the
role:
1. Good character
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page23 21
2. Understanding & communication
3. Social awareness
4. Maturity & sound temperament
5. Sound judgement
6. Commitment & reliability
Selection & Appointment Q. Who is the Lord Chancellor?
Q. Why is it important that Magistrates’ represent society as a whole?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page24 21
Role in criminal cases Q. What are preliminary matters?
Evaluation using lay people in criminal cases
One advantage of using magistrates in criminal cases is:
This is an advantage because:
However:
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page25 21
Another advantage of using magistrates in criminal cases is:
This is an advantage because:
However:
One disadvantage of using magistrates in criminal cases is:
This is a disadvantage because:
However:
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page26 21
Another disadvantage of using magistrates in criminal cases is:
This is a disadvantage because:
However:
Key Terms: Define the following terms. Use clear definitions and examples if appropriate. You may also
add more of your own:
Lay People
Justices of the Peace
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page27 21
Six Key Qualities
Local Advisory Committees
Lord Chancellor
Preliminary Matters
Summary Offences
Triable-Either Way Offences
Indictable Offences
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page28 21
Youth Court
Legal Adviser
Case-hardened
Juries
Introduction:
See how much you already know about juries. In pairs, answer the following questions. When you have answered all you can, team up with other pairs until you think you have a correct answer to all:
1. How many people sit on a jury?
2. Name another country that has juries?
3. Would you be allowed on a jury?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page29 21
4. Name two types of people who should not be allowed to do jury service.
5. What do juries have to do in a case?
6. What sorts of cases use a jury?
7. Who is in charge of the jury?
8. Why do you think we have juries?
Research the facts of Bushell’s Case (R v Penn and Mead (1670)):
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 30
Answer the following questions:
1. Why is Bushell’s Case so important?
2. Do you think it is right for juries to have the power to acquit a guilty person (Explain your
answer)?
YES NO
Q. How does the decision in Bushell’s Case improve the independence of a jury?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page31 31
Qualifications Q. Should criminals be allowed to sit on a jury?
YES NO
Q. Can people ever have a fair trial now that lawyers, police and judges can be called for jury
service?
YES NO
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page32 31
Selection Q. Who is the Attorney General?
Watch this short video about jury service and answer the questions below:
http://www.youtube.com/watch?v=JP7slp-X9Pc
1. How are jurors selected?
2. What happens to a juror if they fail to attend the jury ‘roll call’?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page33 31
3. What must a person take with them to court when they serve on a jury?
4. How long do most periods of jury service last?
5. How many people will the jury officer select at the beginning of a case?
6. How many of those selected will actually serve on a jury?
7. What happens to those who are not selected?
8. What basic pattern do all criminal cases follow?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page34 31
9. What are jurors specifically told not to do during a case?
10. What is an ‘unanimous verdict’?
11. Identify 3 key functions of a jury during a criminal case:
12. What happens to the jury when the case is over?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page35 31
Juries Debate Task
Judges should be allowed to sit on a jury. Judges should not be allowed to sit on a jury.
Police should be allowed to sit on a jury. Police should not be allowed to sit on a jury.
Criminals should be allowed to sit on a jury. Criminals should not be allowed to sit on a jury.
75 year olds should be allowed to sit on a jury. 75 year olds should not be allowed to sit on a jury.
16 year olds should be allowed to sit on a jury. 16 year olds should not be allowed to sit on a jury.
Deaf people should be allowed to sit on a jury. Deaf people should not be allowed to sit on a jury.
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page36 31
Role TASK: Research the case of R v Twomey (2009). Summarise the facts of the case and why this case was heard without a jury:
Q. Under what other circumstances is the judge alone allowed to decide a case?
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page37 31
Class Debate Depending on the size of the class, allocate each pair or individual one of the following arguments for
and against reform:
1. The judge should be allowed into the jury room during deliberations.
2. The jury room should remain secret.
3. The current jury system is essential and should be retained.
4. Juries should be abolished and cases decided by the judge alone.
5. Jury equity is essential and should be retained.
6. Juries should be forced to apply the law
Each pair/student should prepare their arguments (they may wish to produce a
poster outlining the main points of their argument).
Point 1 should then go up against point 2 in a debate lasting 5 minutes. The rest of
the class should then vote on a winner.
Repeat the process with point 3 verses point 4, and finally point 5 verses point.
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page38 31
Evaluation using lay people in criminal cases
One advantage of using juries in criminal cases is:
This is an advantage because:
However:
Another advantage of using juries in criminal cases is:
This is an advantage because:
However:
One disadvantage of using juries in criminal cases is:
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page39 31
This is a disadvantage because:
However:
Another disadvantage of using juries in criminal cases is:
This is a disadvantage because:
However:
TASK: Pick two of the suggested alternatives/reforms and note at least three of the advantages and disadvantages of each.
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page 40
Alternative/reform: Advantages Disadvantages
Alternative/reform: Advantages Disadvantages
Case List: This topic contains many cases that you can use in an exam question to explain a point you
are making, criticise the law or show juries in a good light. It might not be possible to
remember every case, so pick the main cases and the ones that can be used to make
important points about the jury system. Remember that the decision in a case is usually
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page41 41
more important that the facts. You may wish to photocopy this page if you want to include
more cases. You could even enlarge the page to A3 and put it on the wall for revision.
Fill in the case list below with important details:
Case name: Facts: Decision & Comments:
Key Terms: Define the following terms. Use clear definitions and examples if appropriate. You may
also add more of your own:
JURIES ACT 1974
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page42 41
CRIMINAL JUSTICE ACT 2003
CRIMINAL JUSTICE AND
COURTS ACT 2015
QUALIFICATIONS
DISQUALIFIED
DEFERRAL
EXCUSED
INELIGIBLE
INCAPACITY
Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law
EBradbury.com
Page43 41
SUMMONS
VETTING
CHALLENGING
DELIBERATING
JURY TAMPERING
MAJORITY VERDICT