Lay people and magistrates full powerpoint

Two essays from
SECTION A
&
One essay from
SECTION B

..
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’ Court

Appeal Description
Appeal against Defence appealing against the magistrates’ or juries decision to
conviction convict D [also available to the prosecution in the Crown Court]
Appeal against Defence appealing against the length of sentence given to D
sentence [also available to the prosecution in the Crown Court]
Appeal by way of Appeal from Magistrates’ or Crown Court by defence or
case stated prosecution to QBD on a question of law [such an appeal
occurred in Fagan v MPC]

…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???

Cost
• Lay people usually only receive expenses, not a salary. This saves the legal system hundreds of
millions of pounds every year
Trial 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 Devlin
Community involvement
• Members of the community are able to participate in the administration of justice- this also
promotes the idea of an open system of justice
Simplicity 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, etc
Public confidence
• The use of lay people in the courtroom has much public support – ordinary people have
confidence in the impartiality of their peers
Fairness
• 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.

Bias
• Research has shown that both lay magistrates and jurors have allowed racial, sexual or cultural
bias to influence their decisions in the courtroom
Lack 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
George
Limited representative nature
• Lay magistrates have traditionally been accused of being ‘middle-class, middle-aged and middle-
minded’ because of their limited representative nature
Complexity 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 evidence
Perverse 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

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.

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

http://www.bbc.co.uk/journalism/law/courts-in-
england/magistrates-courts.shtml

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

Why are these 6 key qualities....

...important for the lay magistrates?

Add these details to your handout on page 62.

Certain people will not be appointed:

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, you
advice of Local Advisory form will discuss examples of
Committees cases you might deal
with

Backgrounds checks
The local Advisory
are undertaken to The applicant is ‘sworn-
Committee submits its
check eligibility and in’ at a special
recommendations to the
ensure a ‘balanced ceremony
Lord Chancellor
bench’

TASK 1

As 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; and
5. Eddie, who is 40, is an active member of his local communist
party and frequently attends marches and
demonstrations.

“A Balanced Bench”: Discussion Point

‘Magistrates come from a wide range of backgrounds and occupations. For
many years the numbers of women and men serving as magistrates are
roughly equal. After specific initiatives to encourage members of ethnic
communities to apply to become magistrates in recent years, some 8.5 per cent
of magistrates are now from a minority ethnic background - only slightly less
than the proportion of ethnic minorities in the overall population. It is important
that 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.uk

1. 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 important
4. Construct an argument which suggests a balanced
bench might not be so important.

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

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 year
2. 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.

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, bankrupts
3. 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 Chancellor
3. 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)

Magistrates’ National Training Initiative - MNTI

• Covers
understanding &
administration of
the ‘bench’ &
court & the roles
of people
involved in court:
legal advisers,
ushers, lawyers,
probation service

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.

Lay people
Keepers of the Peace
 Justices of the Peace
Local Advisory Committees
Balanced Bench
‘Six key qualities’
MNTI
Winger
Chairperson
Legal Adviser

Finally, read the article ‘A
day in the life of a
magistrate’ in the ‘Further
reading’ section of your
booklet.

Human Photocopiers
Review:

•
•
•
•

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.

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.

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.

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.

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.

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.

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.

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.

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!

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!

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!
have English GCSE.
False!

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!

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!

 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

 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’.

Advantages Disadvantages
1. Cross-section of society 1. Middle-aged, middle-class
2. Local knowledge 2. Prosecution and police bias
3. Cost 3. Inconsistency in sentencing
4. Legal Advisor 4. Reliance on the clerk

5. Few Appeals 5. Cheap/ amateur justice
6. Increasing complexity of the law

Read the section on ‘Advantages’ of the magistracy on pages 65-
66. Then, decide by ranking them ‘1’, ‘2’ & ‘3’ in the margin, which
are the 3 most important ‘advantages’ associated with being a lay
magistrate.

1. Cross-section of society
2. Cost
3. Local knowledge.

Advantages Disadvantages
1. Cross-section of society 1. Middle-aged, middle-class
2. Local knowledge 2. Prosecution and police bias
3. Cost 3. Inconsistency in sentencing
4. Legal Advisor 4. Reliance on the clerk

5. 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’.

1. Inconsistency in sentencing
2. Middle-aged, middle class
3. Prosecution & police bias.

(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)

Peer assessment: grading

5.Outstanding – really helpful!
4.Good – got us thinking
3.OK – main points were in there
2.Bit vague – some gaps in places
3.....?

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

(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 offences
B. 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 powers
C. 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.

(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.

(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 offences
B. 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 powers
C. 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 Bands
8 - 10 Two sound, one clear = 10; one sound, two clear = 9; three clear = 8
5 - 7 Two clear, one some =7; one clear, two some = 6; three some = 5
3 - 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.

Spot the difference:

One is a ‘trail’, the other a ‘trial’!

(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

Mark Bands
8 - 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.

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%

 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?

As Head of Marketing for the Ministry of Justice, you
have been asked to design a leaflet to promote the
Magistracy 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. ethnic
Minority Group, young people
Be clear in describing the eligibility criteria e.g. Age,
the 6 key qualities, etc

 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

If you’ve finished and
Some ideas... are waiting for
something to do, have
a read of pages 95-98,
‘The Role and powers
of Lay Magistrates’

Lay people and magistrates full powerpoint

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