Welcome to Criminal Courts and Lay People!
Welcome to one of the most exciting and essential topics in your AQA A Level Law (Paper 1) course: The Legal System: The Criminal Courts and Lay People. This chapter helps form the foundation for the "Nature of Law and the English Legal System" section, which accounts for 25 marks out of the 100 marks on Paper 1.
Have you ever wondered what happens after someone is charged with a crime? Or who decides whether an accused person goes home or goes to prison? In English law, justice is not just handled by professional judges wearing wigs—it heavily relies on ordinary members of the public called lay people (Magistrates and Jurors). Don't worry if all the legal terms seem overwhelming right now. We will break everything down step-by-step with clear explanations, simple memory aids, and key exam tips!
---1. Classification of Criminal Offences
In criminal law, not all crimes are treated the same way. The English legal system divides all criminal offences into three distinct categories based on how serious they are. This category determines which court hears the case.
A. Summary Offences (Least Serious)
These are minor crimes. They are always started and finished in the Magistrates' Court.
Examples: Common assault, minor motoring offences (such as speeding or driving without insurance).
Analogy: Think of these like minor school rule infractions handled quickly by a form tutor.
B. Triable-Either-Way Offences (Mid-Range Seriousness)
These are "middle-tier" crimes that can be tried in either the Magistrates' Court or the Crown Court.
Examples: Theft, Assault Occasioning Actual Bodily Harm (ABH).
Analogy: Like a medium-level incident at school that could be dealt with by your Head of Year or escalated to the Headteacher, depending on the details.
C. Indictable Offences (Most Serious)
These are the most severe criminal offences. They must be tried in the Crown Court before a judge and a jury.
Examples: Murder, manslaughter, rape, robbery.
Analogy: Serious incidents that go straight to the highest authority with no exceptions.
Quick Summary:
• Summary = Magistrates' Court only (minor).
• Triable-either-way = Magistrates' OR Crown Court (middle).
• Indictable = Crown Court only (most serious).
2. The Criminal Courts and Their Sentencing Powers
There are two main trial courts in the English criminal justice system. Let's look at how they compare:
The Magistrates' Court
• Hears all Summary cases and carries out the initial preliminary hearings for triable-either-way and indictable cases.
• Cases are heard by a bench of lay magistrates or a single District Judge.
• Standard Sentencing Powers: Up to 6 months' imprisonment for a single offence and/or an unlimited fine.
The Crown Court
• Hears all Indictable cases and triable-either-way cases where the magistrates refuse jurisdiction or the defendant chooses a jury trial.
• Cases are presided over by a qualified Judge, and the verdict is decided by a Jury of 12 people.
• Sentencing Powers: Unlimited fines and custodial sentences up to the statutory maximum for that crime (for example, mandatory life imprisonment for murder).
Key Takeaway: The Magistrates' Court handles the vast volume of cases with a sentencing cap of 6 months for a single offence, while the Crown Court handles serious matters with unlimited sentencing powers up to the legal maximum.
---3. Pre-Trial Procedure for Triable-Either-Way Offences
How does the court decide whether an "either-way" case stays in the Magistrates' Court or goes to the Crown Court? There is a clear 3-step process you need to know for your exam:
Step 1: Plea Before Venue
The defendant is asked whether they plead Guilty or Not Guilty in the Magistrates' Court.
• If the defendant pleads Guilty: There is no trial. The Magistrates sentence them, or send them to the Crown Court if they feel their sentencing powers (6 months) are not high enough.
• If the defendant pleads Not Guilty: The court moves straight to Step 2.
Step 2: Mode of Trial (Allocation Hearing)
The Magistrates look at the facts and decide whether they are willing to accept jurisdiction. They consider the complexity of the case and whether their maximum sentencing powers would be sufficient if the person is convicted.
• If the Magistrates decline jurisdiction: The case is immediately sent to the Crown Court.
• If the Magistrates accept jurisdiction: The court moves to Step 3.
Step 3: Defendant's Election
If the Magistrates agree to hear the case, the choice is given to the defendant! The defendant has the legal right to elect (choose) whether they want to stay in the Magistrates' Court or go to the Crown Court for trial by jury.
Memory Trick: Remember the order with the mnemonic P-M-E: Plea before venue \(\rightarrow\) Mode of trial \(\rightarrow\) Election by defendant.
---4. Lay People: Magistrates (Justices of the Peace)
Magistrates are unpaid, non-lawyers from the local community who volunteer to deliver justice. They hear about \(97\%\) of all criminal cases!
Qualifications & Requirements
• Age: Must be aged between 18 and 74 (they must retire at 75).
• Commitment: Must be able to sit for a minimum number of half-days per year (usually 26 half-days/13 full days).
• The Six Key Qualities: The Lord Chancellor established six essential character traits every magistrate must possess:
1. Good character (no serious convictions).
2. Understanding and communication.
3. Social awareness (awareness of local community issues).
4. Maturity and sound temperament.
5. Sound judgement (ability to think logically and fairly).
6. Commitment and reliability.
Who is Excluded?
Certain people cannot be appointed as Magistrates due to potential bias or conflicts of interest. These include:
• Police officers and traffic wardens.
• Members of the Armed Forces.
• People with serious criminal convictions or undischarged bankrupts.
Appointment Process
1. Local Advisory Committees (LACs): Candidates apply to their LAC. The LAC carries out a two-stage interview process.
• Interview 1: Assesses personal qualities and the six key attributes.
• Interview 2: Tests judicial aptitude using practical case studies.
2. Formal Appointment: The LAC submits recommendations, and magistrates are officially appointed by the Senior Presiding Judge (acting on behalf of the Lord Chief Justice).
Role of Magistrates
• They usually sit as a bench of three.
• Because they are not legally trained, they are assisted by a legally qualified Legal Adviser (Court Clerk) who advises them strictly on law and procedure, never on the facts or verdict.
• They decide the verdict (guilty or not guilty), determine the sentence, hear bail applications, and issue search/arrest warrants.
5. Lay People: Juries
A jury is a group of 12 ordinary citizens randomly selected from the community to decide the verdict in the Crown Court.
Qualifications (Juries Act 1974)
To be eligible for jury service, a person must meet three criteria:
1. Be aged 18 to 75.
2. Be registered on the parliamentary or local government electoral register.
3. Have been an ordinary resident in the UK, Channel Islands, or Isle of Man for at least 5 years since the age of 13.
Disqualifications & Exclusions
• Disqualified for Life: Anyone sentenced to prison/custody for 5 years or more.
• Disqualified for 10 Years: Anyone who served a prison sentence, suspended sentence, or community order within the last 10 years.
• Temporary Disqualification: Anyone currently on bail in criminal proceedings.
• Mentally Disordered Persons: Anyone suffering from severe mental illness under medical treatment.
Role in the Crown Court
• The fundamental split in the Crown Court is: the Judge is the master of the law, but the Jury is the master of the facts.
• Jurors listen to evidence, witness cross-examinations, and the judge's legal summing-up.
• They deliberate in private and decide whether the defendant is Guilty or Not Guilty.
• Verdicts: The judge will always direct the jury to reach a unanimous verdict (all 12 agree). However, under the Juries Act 1967, if they cannot agree after at least 2 hours of deliberation, the judge can accept a majority verdict of \(10-2\) or \(11-1\) (or \(10-1\) / \(9-1\) if the jury has shrunk to 11 or 10 jurors).
Key Takeaway: Juries decide guilt or innocence based purely on the facts presented in court. They have no say in the sentencing—sentencing is done solely by the trial judge.
---6. The Criminal Appeal Routes
Understanding where an appeal goes is a classic exam question. Pay close attention to whether the appeal starts from the Magistrates' Court or the Crown Court!
A. Appeals from the Magistrates' Court
An appeal from the Magistrates' Court can take two different paths:
1. To the Crown Court (Automatic Right):
• Available only to the defence.
• If the defendant pleaded not guilty, they can appeal against their conviction and/or sentence.
• If they pleaded guilty, they can appeal against their sentence only.
• The case is completely reheard by a Circuit Judge and two lay Magistrates (no jury).
2. To the High Court (King's Bench Division) by "Case Stated":
• Can be used by either the defence or the prosecution.
• This is strictly an appeal on a point of law or where it is argued the Magistrates went beyond their powers/acted outside their jurisdiction.
B. Appeals from the Crown Court
1. To the Court of Appeal (Criminal Division):
• The defendant must obtain leave to appeal (permission from the trial judge or Court of Appeal).
• Grounds for appeal: The conviction is considered "unsafe".
2. To the Supreme Court:
• The ultimate court of appeal.
• Both defence and prosecution need permission, and the case must involve a point of law of general public importance.
7. Common Exam Pitfalls to Avoid
Make sure you don't fall into these common traps that catch out AQA law students:
• Pitfall 1: Who appoints Magistrates? Do not say the King/Queen or the Prime Minister! Magistrates are appointed by the Senior Presiding Judge acting on behalf of the Lord Chief Justice, based on recommendations from Local Advisory Committees.
• Pitfall 2: Sentencing Powers: Stick to the established AQA standard: Magistrates can sentence up to 6 months for a single offence and impose an unlimited fine.
• Pitfall 3: Being on Bail: Don't forget that being on bail is a disqualification for jury service!
• Pitfall 4: Mixing up Appeal Grounds: An appeal to the Crown Court from the Magistrates' Court is a full rehearing on the facts; an appeal to the High Court (Case Stated) is solely on a point of law.
8. Final Quick Review Checklist
Before moving on, make sure you can answer these key questions:
• Can you name the 3 classifications of offences and give an example of each?
• What are the 3 stages of pre-trial procedure for either-way offences? (Plea Before Venue, Mode of Trial, Defendant Election)
• What are the age limits for Magistrates (18–74) versus Jurors (18–75)?
• What is the difference between a unanimous verdict and a majority verdict under the Juries Act 1967?