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CRIMINAL COURTS AND LAY PEOPLE

COURTS FOR INITIAL TRIAL

CRIMINAL APPEAL: MAG. COURT TRIAL

Magistrates Court

FIRST APPEAL COURT
High Court (Queens Bench Division)
(by way of case stated on pointy of law)

Crown Court (against conviction or sentence)

FINAL APPEALS
From High Court to Court of Appeal
(criminal division…

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MAGISTRATES COURT JURISDICTION

Limited civil jurisdiction
Deals with criminal offences involving adult defendants
Issue arrests, search warrants, decide on bail
Sending for trial hearings to the Crown Court
Indictable Offence Cases, criminal offence only be tried in
Crown Court
Summary Offence Cases, criminal offence only be tried in
Crown Court…

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Category of Offence Place Of trial Examples of Offences

Summary Magistrates' Court Driving without insurance,
Taking a vehicle without
consent, Common Assault
Triable either way Magistrates' Court or Theft, Assault causing actual
Crown Court bodily harm, obtaining property
by deception
Indictable Crown Court Murder, Manslaughter, Rape,
Robbery
Summary Offences:
These…

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MAGISTRATES
Deal with the vast majority of criminal cases
All criminal cases start in the Magistrates' Court
Approx. one million cases a year are heard by Magistrates
Uphold the important principle in our legal system of trial by ones peers
Participation of ordinary people in the administration of justice is…

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Lay Magistrates are appointed by the Secretary of Sate for
Constitutional Affairs and the Lord Chancellor on the advice of the
Local Advisory Committees
Lay Magistrates do not need to have any formal legal qualifications
About 1,500 Lay Magistrates are appointed every year.
They are appointed from lists put forward…

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There is a twostage interview process
The first interview find out more about the candidate's personal
attributes, the panel are particularly interested in the six key qualities.
The candidate will be questioned to find out their attitudes
on various criminal justice issues such as drink driving and young
offenders.

The…

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Advantages & Disadvantages of using Lay Magistrates

Advantages
Local Knowledge Lay Magistrates come from the local area and
therefore have local knowledge which will help them make fairer
decsions in the court.
Lack of Bias Having a bench of three Magistrates avoids bias and
gives a balanced view.
Gender Balance…

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Set out in the Juries Act 1974: Jurors are randomly selected by a computer holding
the names of people who are on the electoral register, aged 18 70and UK
citizens or have lived in the UK for 5 years since their 13th birthday. This is done
at the Central Summoning…

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opportunity to express those views in a situation where it may influence
the outcome of a case

Due to those reasons the there are two types of vetting:

Police Checks and Political Vetting

Police Checks
The Criminal Records Bureau to check any recent or serious convictions or if someone is…

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Decide if the defendant is guilty or not guilty

They hear evidence, such as photos, statements and CCTV, from the
prosecution and defence

Deliberate in secret to reach either a unanimous vote or, since the Criminal
Justice Act 2003, majority votes of 111 or 102

Elect a foreman to announce…

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