Rhiannon Scott, group 1G

What part is played by juries and lay magistrates in the resolution of civil and criminal cases?

Introduction

The use of juries and the right to be tried by one’s peers within the British legal system is considered to be an essential part of a democratic society. A jury is a group of twelve people convened to deliver a rational and impartial verdict on facts submitted to them in the courtroom, and in civil cases, to decide the amount of the damages the defendant should pay.

Selection, and the use of juries.

A jury is required in most criminal cases and also in some civil cases, but carry out different roles within each one. Jurors are initially selected at random from the adult population of the district, although certain groups of people, such as those with criminal records, are excluded from jury service. Serving on a jury is compulsory if a citizen is chosen, unless there is a ‘sufficiently good reason’ (1) to be granted excuse. In countries such as England and Wales, the role of the jury is essentially as the "finder of fact", whilst the Judge’s responsibility is to interpret the appropriate law and instruct the jury accordingly.

Juries in criminal cases.

The most common use of juries today is in the Crown Court, where they decide a verdict of guilty or not guilty. Cases heard in the Crown Court are most often serious criminal cases including murder and rape; however, jury trials account for less than 1% of criminal trials because most cases are dealt with in the Magistrates’ Court. (2)

In a typical trial, the jurors will hear the case presented by both the defence and prosecution, and then a summing-up and some direction on the law from the judge. They then retire to a private room as a group to consider a verdict, and decide if the defendant is of guilty or not guilty. Generally, there are no restrictions on how a jury may proceed to reach such a verdict, and there is no set time limit on how long they may deliberate for. Traditionally, a jury is expected to come to a unanimous verdict, but if after around two hours no verdict is forthcoming, the judge may recall the jury and instruct them that they are prepared to consider a majority verdict. This means that a verdict of either 10-2 or 11-1 will be accepted.

As jurors have no legal training, and have no obligation to supply reasons for their verdict, they are able to decide a verdict on their idea of ‘fairness’, commonly known as jury equity. Occasionally, a jury may find the defendant "not guilty" even if they have violated the law, simply because the jury may believe that a specific law is invalid or unjust.

Sometimes a jury will take into account a wider view than simply the judge's summing up, and will reach a verdict influenced by or based on their view of the case presented by the media. This is particularly true of high profile cases, however the fact that the media may influence jurors is seen to be a strong disadvantage, as the defendants may appeal against their conviction arguing they haven’t received a fair conviction.

In order for juries to fulfil their role in analysing the main facts of the case, there are strict rules about the information they use during the trial. Jurors must not learn about the case from any source other than the trial, nor can they conduct their own investigations such as visiting the crime scene independently. Nobody involved with the trial should to speak with a member of the jury, and jurors are not supposed to read news or other accounts of the trial. In order to achieve this goal in high-profile cases, some juries are sequestered (3) either for the deliberation alone, or for the entire trial.

Juries in civil cases

In civil cases juries are now only used in limited circumstances, but have two roles when they do sit in civil cases. The first is to decide if the claimant has sufficiently proved their case, and then if they decide that the claimant has won their case, they will judge and decide the amount of damages that should be paid by the defendant. When a jury is used in the High Court, there will be twelve people sitting, but in the County Court a jury will consist of eight people.

It is stated in the County Courts Act 1984 that a person may only have the right to have a jury trial in the following types of civil cases; defamation, false imprisonment, fraud, and malicious prosecution (4). These cases are all based around both character and reputation, and a judge may still refuse a jury trial in these cases if it involves complex documents or scientific evidence, as is it considered to be unsuitable for jury trial.

In the Queen’s Bench Division of the High Court, it is possible to apply for trial by jury, but this is very rarely granted, and from October 2003 to July 2004 juries in this division tried only eight cases. In personal injury claims, it is particularly true that a jury trial will not be permitted as The Court of Appeal stated that these claims should usually only be tried by a judge sitting alone. This is because they often involve assessing certain damages, so it is only in exceptional circumstances that a jury will be permitted in such cases.

It was effectively the decision made during Ward Vs James (1966) that stopped the use of juries in personal injury claims, when a plaintiff attempted to claim for injuries caused in a road accident. The court has now stated that an example of where a jury might be appropriate in a personal injury claim would be if injuries had resulted from somebody deliberately misusing their authority, meaning that there could potentially be a claim for exemplary damages.

Selection, and the role of magistrates

A magistrate can be described as a ‘judicial officer’, and in criminal law systems, a magistrate usually has limited authority to administer and enforce the law. They play a much bigger part in criminal trials than in civil, although they still have a role in some areas of civil law. There are two types of magistrate in England and Wales, lay magistrates and legal professionals permanently employed by the Department for Constitutional Affairs. (5) The first group, known as lay Justices of the Peace, sit voluntarily on local benches hearing lesser matters, and are provided with advice, particularly on sentencing, by a legally qualified Court Clerk. However, before they can hear cases they must undergo a period of training. The second group are now known as District Judges, although they were also known as Stipendiary Magistrates. District Judges have the authority to sit in any magistrates' court.

Magistrates in civil cases

Magistrates have civil jurisdiction and have three main roles in this area of law. The first and most common, is granting licenses for either the sale of alcohol or gambling. In this, they must review and decide whether the license can be issued to the person, by judging certain characteristics such as responsibility that the person possesses. They are also involved with family matters such as deciding who will have custody of children after a divorce, and how much maintenance must be paid by one parent. Some magistrates are specially trained to deal with family cases. These cases may involve a young person who is at risk of serious harm, or a family dispute concerning the care of children. Magistrates must also deal with areas of civil debt such as dealing with unpaid council tax, and dealing with people who fail to pay fines and other financial penalties.

Magistrates in criminal cases

All criminal cases start in the magistrates' courts, and all summary offences such as motoring offences and less serious assaults are dealt with only in the magistrates' courts. In the courts of England and Wales, magistrates hear cases and decide the sentence the defendant must face if they plead, or are found guilty, and must also decide the verdict when the defendant pleads not guilty. When a defendant has been found guilty, magistrates must consider the protection of the public, the rehabilitation of the offender, and what the punishment should be.

Magistrates' sentencing powers are limited to an extent, but they are able to sentence a defendant to shorter periods of custody, a maximum of twelve months. Magistrates are also able to give fines and community orders, which can include requirements to perform unpaid work up to 300 hours or supervision up to three years. Magistrates are also able to give fines of up to £5000 and give compensation for injury, loss or suffering for up to £5000 (6) However, magistrates are also able to offer an absolute or conditional discharge, usually for a first offence where a further offence is unlikely.

Magistrates are able to conduct the mode of trial hearings, and also have power to pass summary offenders to higher courts for sentencing when, in the opinion of the magistrate, a penalty greater than can be given in magistrates court is needed. They are also able to transfer indictable offences such as murder to the Crown Court.

Magistrates are also responsible for granting search warrants to the police, which is why it is a general requirement that they live within a certain distance of the area they preside over in case they are needed to sign a warrant out of hours.

Magistrates are also able to hold Youth Courts, where most criminal cases involving people aged 10-17 are dealt with. Specialist training is needed by any magistrate who sits in the youth court however, because a different range or sentences are given from those in adult courts.

Rhiannon Scott,

November 2006.

Part A footnotes:

1) The English Legal System, Jacqueline Martin

2) The English Legal System, Jacqueline Martin

3) www.lawteacher.net

4) The English Legal System, Jacqueline Martin

5) www.dca.gov.uk

6) www.dca.gov.uk

7) www.magistrates-association.org.uk

Part B footnotes:

1) The English Legal System, Jacqueline Martin