Lay people and magistrates full powerpoint

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Lay people and magistrates full powerpoint

  1. 1. Law Making & The Legal System
  2. 2. Two essays fromSECTION A &One essay fromSECTION B
  3. 3. Page 60... The Supreme Court Appeal Courts The Court of Appeal Trial Courts The High Court of Criminal Division Justice Appeals Queen’s Bench Division The Crown Court The Magistrates’ CourtAppeal DescriptionAppeal against Defence appealing against the magistrates’ or juries decision toconviction convict D [also available to the prosecution in the Crown Court]Appeal against Defence appealing against the length of sentence given to Dsentence [also available to the prosecution in the Crown Court]Appeal by way of Appeal from Magistrates’ or Crown Court by defence orcase stated prosecution to QBD on a question of law [such an appeal occurred in Fagan v MPC]
  4. 4. …are people who are not legally qualified…and include jurors, lay magistrates and people who sit as part of a panel at tribunals…have been involved in the English Legal System (ELS) for hundreds of yearsTheir earliest use dates back to 1195 when Richard I appointed knights as ‘Keepers of the Peace’ in unruly areas…but why???
  5. 5. Cost• Lay people usually only receive expenses, not a salary. This saves the legal system hundreds of millions of pounds every yearTrial by peers• Trial by one’s peers is recognised as an important part of any democracy: ‘Juries are the lamp that shows that freedom lives’ – Lord DevlinCommunity involvement• Members of the community are able to participate in the administration of justice- this also promotes the idea of an open system of justiceSimplicity of procedure• If lay people are present in the courtroom, the language and procedure of the courtroom will be made to be more accessible for victims, witnesses, the public, etcPublic confidence• The use of lay people in the courtroom has much public support – ordinary people have confidence in the impartiality of their peersFairness• Lay people make decisions based on fairness and on conscience often acquitting those whom they believe should not face criminal conviction, sometimes when the evidence suggests otherwise e.g. R v Owen.
  6. 6. Bias• Research has shown that both lay magistrates and jurors have allowed racial, sexual or cultural bias to influence their decisions in the courtroomLack of training• Lay magistrates receive minimal training and jurors receive none leading some to say that lay people dispense ‘second class justice’Influence of media• Research has shown that newspaper and television coverage of a case can effect the decisions that jurors make, particularly in high profile cases such as those involving Rose West and Barry GeorgeLimited representative nature• Lay magistrates have traditionally been accused of being ‘middle-class, middle-aged and middle- minded’ because of their limited representative natureComplexity of issues• In complex and serious fraud cases, jurors lack the specialist knowledge required to deal with the complexity of the issues involved in the case and also the volume of evidencePerverse verdicts/ sentencing• As a counterbalance to the ‘Fairness’ advantage, jurors have been known to acquit those who have clearly committed criminal offences simply because they have not agreed with the defendant having been prosecuted for an offence such as in R v Owen
  7. 7. For the exam, you need to be able to: Explain how they are selected, appointed and trained Explain what they do, including what powers they possess Explain the advantages and disadvantages of using Lay magistrates.
  8. 8. There around 30,000 lay magistrates or Justices of the PeaceThey are dealt with under the Justices of the Peace Act 1997 and Courts Act 2003they sit in 2’s or 3’sas part- time judges in the Magistrates’ CourtSitting alone, District Judges also hear cases in the Magistrates’ Court
  9. 9. http://www.bbc.co.uk/journalism/law/courts-in- england/magistrates-courts.shtml
  10. 10. The Courts Act 2003 states applicants…Must be over 18Although retirement is at 70, anyone over 65 is unlikely to be appointedLive within the area of the court (bench) for which they are to actMust be able to sit at least twenty six ½ day sessions per year for which they are paid expenses
  11. 11. Why are these 6 key qualities.......important for the lay magistrates?
  12. 12. Add these details to your handout on page 62.
  13. 13. Certain people will not be appointed:
  14. 14. Magistrates are You will then get appointed by the Lord The applicant must interviewed twice. At the Chancellor on the complete an application second interview, youadvice of Local Advisory form will discuss examples of Committees cases you might deal withBackgrounds checks The local Advisory are undertaken to The applicant is ‘sworn- Committee submits itscheck eligibility and in’ at a special recommendations to theensure a ‘balanced ceremony Lord Chancellor bench’
  15. 15. TASK 1As the chairperson for Stockport’s Local Advisory Committee, assess (in the ‘Notes’ section of your booklet) the suitability of the following applicants:1. Ali, who is 18, is in the process of completing his A levels and is then planning on going to university;2. Betty, who is 55, is very enthusiastic but finds it difficult to concentrate for long periods of time and is not confident when speaking in public;3. Charlie, who is 35, is an electrician but had a business that went bankrupt 10 years earlier;4. Deepak, who is 60, is married and his wife has a previous conviction for dangerous driving; and5. Eddie, who is 40, is an active member of his local communist party and frequently attends marches and demonstrations.
  16. 16. “A Balanced Bench”: Discussion Point‘Magistrates come from a wide range of backgrounds and occupations. Formany years the numbers of women and men serving as magistrates areroughly equal. After specific initiatives to encourage members of ethniccommunities to apply to become magistrates in recent years, some 8.5 per centof magistrates are now from a minority ethnic background - only slightly lessthan the proportion of ethnic minorities in the overall population. It is importantthat the local bench of magistrates reflects the community in which it serves.More younger people are being sought to balance benches at the moment. ‘ –Extract taken from www.judiciary.gov.uk1. Explain what you understand by the term ‘balanced bench’2. Why do you think (i) younger people and (ii) members of ethnic minority groups have historically been reluctant to apply to become lay magistrates?3. Construct an argument which explains why a balanced bench is important4. Construct an argument which suggests a balanced bench might not be so important.
  17. 17. 1. What main criteria must a person satisfy if they wish to become a lay magistrate? 2. Identify any 3 of the six key qualities a person must possess to be eligible for appointment to the magistracy. 3. Identify 3 groups of people who are not eligible for appointment to the magistracy. 4. Identify any 3 stages in the selection process of lay magistrates. 5. Who is responsible for the appointment of lay magistrates on (1) a national level (2) a local level?Complete in the ‘notes’ section at the back of your LAW01 booklet
  18. 18. 1. What main criteria must a person satisfy if they wish to become a lay magistrate?  18 – 70  Live within the area of the court  Be prepared to give up 26 ½ days per year2. Identify any 3 of the six key qualities a person must possess to be eligible for appointment to the magistracy.  Good character  Understanding & communication  Social awareness  Maturity & sound temperament  Sound judgement  Commitment & reliability.
  19. 19. 3. Identify 3 groups of people who are not eligible for appointment to the magistracy.  Police, armed forces, MPs, those with convictions for serious offences, bankrupts3. Identify any 3 stages in the selection process of lay magistrates.  Written application  2 interviews  Background/ security checks  Names put forward by Local Advisory Committees (LAC) to Lord Chancellor3. Who is responsible for the appointment of lay magistrates on (1) a national level (2) a local level?  (1) Lord Chancellor (2) Local Advisory Committee (LAC)
  20. 20. Magistrates’ National Training Initiative - MNTI
  21. 21. • Covers understanding & administration of the ‘bench’ & court & the roles of people involved in court: legal advisers, ushers, lawyers, probation service
  22. 22. SELECTION  Candidates must be 18-70, be able to commit to 26 ½ days per year and live within the area of their bench Police officers, members of the armed forces, bankrupts, those with criminal convictions and MPs are among those who are excluded APPOINTMENT  Appointments are made by the Lord Chancellor on the advice of Local Advisory Committees (lay people + magistrates) Candidates must possess the 6 key qualities: ‘Good character’, ‘Understanding & Communication’, ‘Social awareness’, ‘Maturity & Sound Temperament’, ‘Sound Judgement’ and ‘Commitment & Reliability’ TRAINING The ‘MNTI’ is organised by the Judicial Studies Board and delivered locally by Legal Advisers  It includes training on the roles and responsibilities of the court staff, court procedure, sentencing, social awareness, prison visits, court observations New magistrates sit as ‘wingers’ and may go on to be the ‘chairperson’ or work in the family or youth courts with further experience & training.
  23. 23. Lay peopleKeepers of the Peace Justices of the PeaceLocal Advisory CommitteesBalanced Bench‘Six key qualities’MNTIWingerChairpersonLegal Adviser
  24. 24. Finally, read the article ‘A day in the life of amagistrate’ in the ‘Further reading’ section of your booklet.
  25. 25. HumanPhotocopiers
  26. 26. Human PhotocopiersReview:••••
  27. 27. This is relevant for your homework! Criminal role Criminal role All criminal cases start in the For the most serious cases e.g. Magistrates’ Court. In such murder & rape, magistrates cases magistrates: send these cases to the Crown Court and decide whether bail is• set the timetable for the case granted and if so, on what• decide bail conditions.• hear the evidence• retire to decide whether the Criminal role accused is guilty or innocent and, if guilty, decide the most Sentences can include appropriate sentence conditional & absolute• hear appeals in the crown discharges, community court with a judge sentences, fines to a maximum• deal with requests for warrants of £5000 and up to12 months from the police. imprisonment.
  28. 28. Civil role Families and young people• Hear appeals against a Local Authority decision refusing or Some magistrates are specially granting alcohol licences trained to deal with family• Magistrates also form Betting and cases. These cases may Gaming Committees, which have involve a young person who is the power to give licenses to run betting shops at risk of serious harm, or, a• Magistrates’ courts deal with people family dispute concerning the breakdown of marriage and the who fail to pay fines and other care of children. financial penalties• Magistrates’ courts deal with unpaid Council Tax.
  29. 29. For the exam, you need to be able to: Explain how they are selected, appointed and trained Explain what they do, including what powers they possess Explain the advantages and disadvantages of using Lay magistrates.
  30. 30. 1. Lay people are people with no legal qualifications.2. Lay people have been used in the English Legal System (ELS) since the Second World war.3. An advantage of using lay people is that they are ordinary members of the community.4. A disadvantage of using lay people is that their salaries cost the ELS a lot on money.
  31. 31. 5. An advantage of using lay magistrates is that the sentences they pass are very consistent.6. A disadvantage of lay magistrates is they dispense (give out) ‘Amateur Justice’.7. Another name for lay magistrates is Justice of the Peace.8. Lay magistrates are covered by the Justices of the Peace Act 1997 & Courts Act 2003.
  32. 32. 9. There are around 300,000 lay magistrates in the ELS.10. Lay magistrates usually sit alone in court.11. To become a lay magistrate you must be over 30.12. To become a lay magistrate you must have English GCSE.
  33. 33. 13. To become a lay magistrate you must have a good character, maturity, social awareness and sound temperament.14. You can’t be a lay magistrate if you are a doctor or nurse.15. You can’t be a lay magistrate if you are in the navy.16. A ‘balanced bench’ means that there must always be at least one woman on the bench.
  34. 34. 17. Magistrates training is organised by the Judicial Studies Board.18. Magistrates training mainly consists of meeting criminals.19. Magistrates have the power to send a person to prison for 24 months.20. Magistrates deal with people who don’t pay their council tax.
  35. 35. 1. Lay people are people with no legal qualifications. True!2. Lay people have been used in the English Legal System (ELS) since the Second World war. False!3. An advantage of using lay people is that they are ordinary members of the community. True!4. A disadvantage of using lay people is that their salaries cost the ELS a lot on money. False!
  36. 36. 5. An advantage of using lay magistrates is that the sentences they pass are very consistent. False!6. A disadvantage of lay magistrates is they dispense (give out) ‘Amateur Justice’. True!7. Another name for lay magistrates is Justice of the Peace. True!8. Lay magistrates are covered by the Justices of the Peace Act 1997 & Courts Act 2003. True!
  37. 37. 9. There are around 300,000 lay magistrates in the ELS. False! False!10. Lay magistrates usually sit alone in court.11. To become a lay magistrate you must be over 30. False!12. To become a lay magistrate you must have English GCSE. False!
  38. 38. 13. To become a lay magistrate you must have a good character, maturity, social awareness and sound temperament. True!14. You can’t be a lay magistrate if you are a doctor or nurse. False!15. You can’t be a lay magistrate if you are in the navy. True!16. A ‘balanced bench’ means that there must always be at least one woman on the bench. False!
  39. 39. 17. Magistrates training is organised by the Judicial Studies Board. True!18. Magistrates training mainly consists of meeting criminals. False!19. Magistrates have the power to send a person to prison for 24 months. False!20. Magistrates deal with people who don’t pay their council tax. True!
  40. 40.  Because lay magistrates are not legally qualified, they are assisted in court by a Justices’ clerk now referred to as ‘Legal Advisors’ They must have been either a solicitor or barrister who has served as an assistant to a justices’ clerk for 5+ years Their function is to give advice on the law, procedure and sentencing as stated in s.28(4) Courts Act 2003 They must never assist in the decision making of the case – R v Eccles Justices
  41. 41.  Apart from lay magistrates, there are about 130 District Judges (Magistrates Courts) who are paid full-time professional judges earning c.£103,000 p.a. They must have been a solicitor or barrister for at least 7 years so often hear the more complex cases District Judges have the same powers as a bench of 2-3 magistrates i.e. he or she may sit alone, except in the Family Court Most sit in London and larger cities and are appointed by the Lord Chancellor Until 2000 they were known as ‘Stipendiary Magistrates’.
  42. 42. Advantages Disadvantages1. Cross-section of society 1. Middle-aged, middle-class2. Local knowledge 2. Prosecution and police bias3. Cost 3. Inconsistency in sentencing4. Legal Advisor 4. Reliance on the clerk5. Few Appeals 5. Cheap/ amateur justice 6. Increasing complexity of the lawRead the section on ‘Advantages’ of the magistracy on pages 65-66. Then, decide by ranking them ‘1’, ‘2’ & ‘3’ in the margin, whichare the 3 most important ‘advantages’ associated with being a lay magistrate.
  43. 43. 1. Cross-section of society2. Cost3. Local knowledge.
  44. 44. Advantages Disadvantages1. Cross-section of society 1. Middle-aged, middle-class2. Local knowledge 2. Prosecution and police bias3. Cost 3. Inconsistency in sentencing4. Legal Advisor 4. Reliance on the clerk5. Few Appeals 5. Cheap/ amateur justice 6. Increasing complexity of the law Now, do the same again but this time read the section on ‘Disadvantages’ of the magistracy on pages 66-67 then, decide by ranking them ‘1’, ‘2’ & ‘3’ in the margin, which are the 3 most important ‘disadvantages’.
  45. 45. 1. Inconsistency in sentencing2. Middle-aged, middle class3. Prosecution & police bias.
  46. 46. (a) Identify the different criminal courts, including appeal courts, that can hear criminal cases involving adults. Outline the types of criminal offences that are dealt with by these courts. (10 marks)(b) Describe the work of lay Magistrates in the criminal courts. (10 marks)
  47. 47. For the exam, you need to be able to: Explain how they are selected, appointed and trained Explain what they do, including what powers they possess Explain the advantages and disadvantages of using Lay magistrates.
  48. 48. LAW01TheStorySoFar...
  49. 49. Peer assessment: grading5.Outstanding – really helpful!4.Good – got us thinking3.OK – main points were in there2.Bit vague – some gaps in places3.....?
  50. 50. LAW01TheStorySoFar...
  51. 51. Lay Magistrates’ Essay Plan – No.1 bodily harm (an Gus is charged with actual(a) Explain how lay magistrates either-way offence). His case could be tried are selected, chosen & (a)Selected/ chosen/by magistrates or by a jury in the Crown either appointed: appointed. (10 marks) Court. (a) Describe the work of lay Magistrates in(b) Discuss the advantages•of Must be 18-70, live within... the criminal courts. (10 marks) • ........... using lay magistrates in the (b) Discuss the advantages and disadvantages • ........... criminal courts. (10 marks) of the use of lay people in the criminal justice system. (10 marks)1 (b) Advantages of lay magistrates: 2(a) Briefly describe the appointment • Cross-section of society – this criminal courts, (a) Identify the different of lay magistrates. Outline the including appeal courts, that can hear means that.... training of lay magistrates. Local knowledge - lay involving adults. • criminal cases magistrates Outline the types of criminal offences (10 marks) are usually from... that are dealt with by these courts. • Cost – because lay(b) Discuss the disadvantages of (10 marks) using lay magistrates in themagistrates... (b) Describe the work of lay Magistrates • ...... criminal justice process. in the criminal courts. (10 marks)3 (10 marks) 4
  52. 52. (a) Identify the different criminal courts, including appeal courts, that can hear criminal cases involving adults. Outline the types of criminal offences that are dealt with by these courts. (10 marks)(b) Describe the work of lay Magistrates in the criminal courts. (10 marks)
  53. 53. (a) Identify the different criminal courts, including appeal courts, that can hear criminal cases involving adults. Outline the types of criminal offences that are dealt with by these courts. (10 marks)Potential content:A. Identification of Magistrates Courts and outline of offences dealt with could include – summary and either way offences and examples of each. Possible reference to treatment of indictable offencesB. Identification of Crown Court and outline of offences dealt with could include – either way and indictable offences and examples of each. Possible reference to appeals heard in Crown Court and sentencing when Magistrates have insufficient powersC. Identification of appeal courts could include – Court of Appeal and House of Lords with possible identification of QBD Divisional Court. Grounds for appeal by prosecution and defence and orders available to appeal courts.
  54. 54. (b) Describe the work of lay Magistrates in the criminal courts. (10 marks)Potential content:A. Explanation of work of lay magistrates, e.g. deciding bail/custody issues, deciding legal representation, hearing evidence at a trial, deciding guilt/ innocence, deciding sentence, possible reference to referring cases to Crown Court for trial or sentence, possible reference to issue of warrants.
  55. 55. (a) Identify the different criminal courts, including appeal courts, that can hear criminal cases involving adults. Outline the types of criminal offences that are dealt with by these courts. (10 marks)(b) Describe the work of lay Magistrates in the criminal courts. (10 marks)
  56. 56. (a) Identify the different criminal courts, including appeal courts, that can hear criminal cases involving adults. Outline the types of criminal offences that are dealt with by these courts. (10 marks)Potential content:A. Identification of Magistrates Courts and outline of offences dealt with could include – summary and either way offences and examples of each. Possible reference to treatment of indictable offencesB. Identification of Crown Court and outline of offences dealt with could include – either way and indictable offences and examples of each. Possible reference to appeals heard in Crown Court and sentencing when Magistrates have insufficient powersC. Identification of appeal courts could include – Court of Appeal and House of Lords with possible identification of QBD Divisional Court. Grounds for appeal by prosecution and defence and orders available to appeal courts.Mark Bands8 - 10 Two sound, one clear = 10; one sound, two clear = 9; three clear = 85 - 7 Two clear, one some =7; one clear, two some = 6; three some = 53 - 4 The candidate demonstrates some understanding of two of (A)-(C).1 – 2 The candidate demonstrates limited understanding of (A)-(C).0 The answer contains no relevant information.
  57. 57. Spot the difference: One is a ‘trail’, the other a ‘trial’!
  58. 58. (a) Identify the different criminal courts, including appeal courts, that can hear criminal cases involving adults. Outline the types of criminal offences that are dealt with by these courts. (10 marks)Potential content:A. Identification of Magistrates Courts and outline of offences dealt with could include – summary and either way offences and examples of each. Possible reference to treatment of indictable offencesB. Identification of Crown Court and outline of offences dealt with could include – either way and indictable offences and examples of each. Possible reference to appeals heard in Crown Court and sentencing when Magistrates have insufficient powersC. Identification of appeal courts could include – Court of Appeal and House of Lords with possible identification of QBD Divisional Court. Grounds for appeal by prosecution and defence and orders available to appeal courts.Mark Bands8 - 10 Two sound, one clear = 10; one sound, two clear = 9; three clear = 85 - 7 Two clear, one some =7; one clear, two some = 6; three some = 53 - 4 The candidate demonstrates some understanding of two of (A)-(C).1 – 2 The candidate demonstrates limited understanding of (A)-(C).0 The answer contains no relevant information.
  59. 59. (b) Describe the work of lay Magistrates in the criminal courts (10 marks)Potential content:A. Explanation of work of lay magistrates, e.g. deciding bail/custody issues, deciding legal representation, hearing evidence at a trial, deciding guilt/ innocence, deciding sentence, possible reference to referring cases to Crown Court for trial or sentence, possible reference to issue of warrantsMark Bands8 - 10 The candidate demonstrates a sound understanding of (A).5-7 The candidate demonstrates a clear understanding of (A).3-4 The candidate demonstrates some understanding of (A).1–2 The candidate demonstrates limited understanding of (A).0 The answer contains no relevant information.
  60. 60. Grades <8 = grade U 8-9 = grade E 40% 10-11 = grade D 12–13 = grade C 14-15 = grade B 16+ = grade A 80%
  61. 61.  Now that you’ve completed this topic, can you:  Explain how they are selected, appointed and trained  Explain what they do, including what powers they possess  Explain the advantages and disadvantages of using Lay magistrates? Can you :  Recall and explain research and cases on advantages and disadvantages? What about:  Evaluate the advantages and disadvantages of lay magistrates?
  62. 62. As Head of Marketing for the Ministry of Justice, youhave been asked to design a leaflet to promote theMagistracy and to ensure a ‘Balanced Bench’.Your leaflet needs to:Be A4 in sizePromote the Magistracy in a positive lightBe attractive to certain target groups e.g. ethnicMinority Group, young peopleBe clear in describing the eligibility criteria e.g. Age,the 6 key qualities, etc
  63. 63. Some ideas...
  64. 64.  For the exam, you need to be able to:  Explain how they are selected, appointed and trained  Explain what they do, including what powers they possess  Explain the advantages and disadvantages of using Lay magistrates. You might be able to:  Recall and explain research and cases on advantages and disadvantages You may even be able to:  Evaluate the advantages and disadvantages of lay magistrates
  65. 65. As Head of Marketing for the Ministry of Justice, youhave been asked to design a leaflet to promote theMagistracy and to ensure a ‘Balanced Bench’.Your leaflet needs to:Be A4 in sizePromote the Magistracy in a positive lightBe attractive to certain target groups e.g. ethnicMinority Group, young peopleBe clear in describing the eligibility criteria e.g. Age,the 6 key qualities, etc
  66. 66. If you’ve finished andSome ideas... are waiting for something to do, have a read of pages 95-98, ‘The Role and powers of Lay Magistrates’

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