Unit 15 – Assignment 2
P3. Explain the roles of the lay personnel involved in criminal trials in given situations.
The term ‘lay people’ describes ordinary, non-qualified people in the legal system. It is
thought that by using ordinary people in courts the system is fairer. Lay people can refer
to lay magistrates and juries.
Lay magistrates – role and powers of lay magistrates in criminal cases, e.g. power to grant
arrest and search warrants, decide on bail, sentencing powers, sending to the crown court
for sentencing.
Magistrates: Magistrates are sometimes referred to as lay magistrates or Justices of the
Peace. They are unpaid volunteers, trained to represent their local community. There are
approximately 14000 magistrates in England and Wales they commit to a minimum of 26
half days a year. Magistrates can be aged from 18-70, with genders, ethnicity, religions
and sexual orientation where possible to provide a broader outlook for the community.
They sit in panels of three within the court to hear cases, with a trained legal advisor
known as the clerk of the court, who acts as their advisor.
Magistrates undergo a two stage interview process, stage 1 to find out about the person
applying their skills and qualities, stage 2 tests their judicial abilities. There are no
specific qualifications needed, however a magistrate must show commitment and be
reliable. As well as having social awareness, sound judgement, good understanding and
communication and a sound temperament. Magistrates, do need legal training, however
they will undergo ongoing training, as the law changes to be kept up to date.
All criminal cases start in the magistrates court and 95% will remain there. Magistrates
jurisdiction is local – it covers the area for which they are appointed.
Magistrates deal with three kinds of cases:
Summary offences - These are less serious cases, such as motoring offences and minor
assaults, where the defendant is not usually entitled to trial by jury. They are generally
disposed of in magistrates’ courts.
Either-way offences - can be dealt with by magistrates or before a judge and jury at
Crown Court. Such offences include theft and handling stolen goods. A defendant can
insist on their right to trial in the Crown Court. Magistrates can also send serious cases to
be dealt with in the Crown Court – where they can give tougher sentences if the defendant
is found guilty.
Indictable-only offences - such as murder, manslaughter, rape and robbery. These must
be heard at a Crown Court.
Magistrates decide what will happen to a defendant while their case is being prepared for
trial e.g. staying in custody or being remanded on bail and any bail conditions.
A trial in a magistrate’s court will hear evidence and decide if the defendant is guilty or
innocent. If the defendant is found guilty the magistrates decide on the appropriate
punishment for defendants.
A magistrate can order the following sentences:
• Absolute discharge – when no other offence is likely, or it is a first offence
• Conditional discharge - if the offender commits another crime within 3 years they
are punished for both crimes.
• Community sentence
• Fines up to £5000.
1
, Unit 15 – Assignment 2
• Compensation to a victim of up to £5000
• A prison sentence of up to 6 months
Magistrates also sit in:
• Youth Court – for cases involving young people aged 10-17
• Family Proceedings court – for cases involving a family dispute.
• Civil Court – for civil cases, plus enforcing Council Tax demands and licensing
requests e.g. betting and alcohol shops.
• Sit in Crown courts when appeals are being heard against a conviction from a
Magistrates court
Occasionally magistrates will be removed from their position as a magistrate if they:
• They fail to meet the standards of competence needed
• They misbehave.
• They refuse or neglect to do the duties of a lay magistrates.
Juries – role and powers of juries in a criminal trial.
The jury fulfils an important role within the legal system. It is made up of 12 lay people
in criminal cases and 8 lay people in civil cases. A Jury appears in Crown Court when the
defendant has pleaded ‘Not Guilty’. In Crown court the exercise of justice is by the people
represented by the jury not the state therefore juries play a key role. Their role is to
decide the guilt or innocence of the defendant – this is both in Crown Court and Civil
Court. They do not need to justify their verdict. The judge will require a unanimous
verdict however, if this cannot be reached then a majority verdict will be given.
Under the Juries Act 1974, to qualify for jury service an individual must be:
• aged 18-70.
• registered to vote.
• resident in the UK, Channel Islands, or the Isle of Man for at least five years since
their 13th birthday.
• not mentally disordered or disqualified from jury service.
Jurors are selected randomly from the electorate, when selected you will receive a
summons from the Lord Chancellor to attend local court. At the start of your service you
will undergo a series of vetting checks. Potential jurors are given a panel number, during
the selection process you are identified by their panel number, and the panel number is
called when they are requested to attend the court. Once in the court a juror will be
sworn in. If not requested to attend court, they may become a standby juror.
Prosecution or the defence lawyers can ask for a juror not to serve, with a good reason.
If the judge accepts their reason, they won't be allowed to serve as a juror on that
particular trial, but may be called to a different case.
Once selected onto a jury, the jury’s decision should be based on the evidence before
them in court. The function of the jury is to balance the evidence and to decide what
actually happened. The judge gives the direction to the jury on the relevant law, which
the jury has to apply to the facts of the case in order to reach a verdict. If it is a criminal
case and the jury has given a verdict of guilty, then the judge will decide on appropriate
sentence. In civil cases, a jury’s function is to decide on how much money should be
awarded in damages. They decide what has been proved and what has not and return a
verdict on each count, based on their view of the facts and what the judge tells them
2
, Unit 15 – Assignment 2
about the law. If the jurors are certain of a defendant’s guilt, they convict the defendant.
If the jury are not certain of the defendant’s guilt, they must return a not guilty verdict.
Currently, the role of the English jury is almost entirely limited to the more serious
criminal cases, but juries occasionally sit in civil trials as well.
Therefore for role of lay people in the given cases:
Case 1: Sam has been charged for assault for attacking his girlfriend, it is his third
offence, and he is pleading not guilty. Magistrates can deal with summary offences
including common assault (not causing significant injury). They would need to consider the
evidence and if found guilty decide on the punishment. We do not have detail of the
nature of the assault or of the previous offences. If Sam was previously given a
conditional discharge, he may be tried and found guilty punishment will take into account
the previous offence. However, if he is found not guilty the case will be dismissed. This
case could also be sent to crown court depending on the severity of the assault. In this
case as he is pleading not guilty he would be given a trail by jury. The lay jurors would
having heard the evidence decide on whether or not he is guilty of not guilty of the
charge.
If the case stays in the magistrates courts if he is found guilty following an examination of
the evidence, the court should determine the offence category according to the guidance
given. In order to decide the category the court should evaluate culpability and harm.
High culpability
• Significant degree of planning or premeditation
• Vulnerable victim, age, personal characteristics, or circumstances
• Use of a highly dangerous weapon or weapon equivalent*
• Strangulation/suffocation/asphyxiation
• Leading role in group activity
• Prolonged/persistent assault
Medium culpability
• Use of a weapon or weapon equivalent which does not fall within category A
• Lesser role in group activity
• Cases falling between category A or C because:
• Reasons for both high and lesser categories which offset each other
• The offender’s culpability falls amongst the issues in high and lesser culpability.
Lesser culpability
• No weapon used.
• Excessive self defence
• Impulsive/spontaneous and short-lived assault
• Mental disorder or learning disability, where linked to the commission of the
offence.
Harm is categorised as follows:
Category 1: Serious physical injury or serious psychological harm and/or substantial
impact upon victim
Category 2: harm falling between one& three.
Category 3: Some level of physical injury or psychological harm with limited impact
upon victim
3
, Unit 15 – Assignment 2
Once the level of harm and Culpability are established, the punishment guidelines will
help ensure that the magistrates give out the correct punishment.
Punishment can include unpaid work in the community for a set number of hours, a
fine or a custodial sentence.
Case 2 – Gill an alcoholic has committed her first offence a theft from a chemist. We
do not know if she is entering a guilty or not guilty plea. Being an alcoholic is not an
offence, theft is. If she is found not guilty the case will be dismissed. As it is a first
offence it is likely the case will remain in the magistrate court. If she is found guilty
the magistrates will be required to give a decision on the best course of action to take.
As it is a first offence it is possible to that the magistrates may decide to issue an
absolute discharge of the case, they may give a condition for the discharge that Gill
attends a substance abuse progreamme, to help break her addition to alcohol.
However, if she is found guilty they must determine the level of harm and culpability
according to the guidelines they are given. For theft, the level of Harm is based on
value of the items stolen.
Harm is assessed by reference to the financial loss that results from the theft and any
significant additional harm suffered by the victim – examples of significant additional
harm may include but are not limited to:
• Emotional distress
• Damage to property
• Effect on business
• A greater impact on the victim due to the size or type of their business
• A particularly vulnerable victim
• Intended loss should be used.
Category 1 – Value of stolen good above £1000 or lower value with additional harm to
the victim.
Category 2 - Medium value goods stolen (£200 to £1,000) and no significant additional
harm or low value with significant additional harm to the victim.
Category 3 - Low value goods stolen (up to £200) and little or no significant additional
harm to the victim.
Culpability is demonstrated by one or more of the following:
High culpability:
• In a group activity being a leader
• Involvement of others through coercion, intimidation, or exploitation
• Sophisticated nature of offence/significant planning
• Significant use or threat of force
• Offender subject to a banning order
• Child accompanying offender is actively used to enable the offence.
Medium culpability:
• A significant role where offending is part of a group.
• Some degree of planning involved.
• Limited use or threat of force
• Other cases that fall between categories A or C because:
4
P3. Explain the roles of the lay personnel involved in criminal trials in given situations.
The term ‘lay people’ describes ordinary, non-qualified people in the legal system. It is
thought that by using ordinary people in courts the system is fairer. Lay people can refer
to lay magistrates and juries.
Lay magistrates – role and powers of lay magistrates in criminal cases, e.g. power to grant
arrest and search warrants, decide on bail, sentencing powers, sending to the crown court
for sentencing.
Magistrates: Magistrates are sometimes referred to as lay magistrates or Justices of the
Peace. They are unpaid volunteers, trained to represent their local community. There are
approximately 14000 magistrates in England and Wales they commit to a minimum of 26
half days a year. Magistrates can be aged from 18-70, with genders, ethnicity, religions
and sexual orientation where possible to provide a broader outlook for the community.
They sit in panels of three within the court to hear cases, with a trained legal advisor
known as the clerk of the court, who acts as their advisor.
Magistrates undergo a two stage interview process, stage 1 to find out about the person
applying their skills and qualities, stage 2 tests their judicial abilities. There are no
specific qualifications needed, however a magistrate must show commitment and be
reliable. As well as having social awareness, sound judgement, good understanding and
communication and a sound temperament. Magistrates, do need legal training, however
they will undergo ongoing training, as the law changes to be kept up to date.
All criminal cases start in the magistrates court and 95% will remain there. Magistrates
jurisdiction is local – it covers the area for which they are appointed.
Magistrates deal with three kinds of cases:
Summary offences - These are less serious cases, such as motoring offences and minor
assaults, where the defendant is not usually entitled to trial by jury. They are generally
disposed of in magistrates’ courts.
Either-way offences - can be dealt with by magistrates or before a judge and jury at
Crown Court. Such offences include theft and handling stolen goods. A defendant can
insist on their right to trial in the Crown Court. Magistrates can also send serious cases to
be dealt with in the Crown Court – where they can give tougher sentences if the defendant
is found guilty.
Indictable-only offences - such as murder, manslaughter, rape and robbery. These must
be heard at a Crown Court.
Magistrates decide what will happen to a defendant while their case is being prepared for
trial e.g. staying in custody or being remanded on bail and any bail conditions.
A trial in a magistrate’s court will hear evidence and decide if the defendant is guilty or
innocent. If the defendant is found guilty the magistrates decide on the appropriate
punishment for defendants.
A magistrate can order the following sentences:
• Absolute discharge – when no other offence is likely, or it is a first offence
• Conditional discharge - if the offender commits another crime within 3 years they
are punished for both crimes.
• Community sentence
• Fines up to £5000.
1
, Unit 15 – Assignment 2
• Compensation to a victim of up to £5000
• A prison sentence of up to 6 months
Magistrates also sit in:
• Youth Court – for cases involving young people aged 10-17
• Family Proceedings court – for cases involving a family dispute.
• Civil Court – for civil cases, plus enforcing Council Tax demands and licensing
requests e.g. betting and alcohol shops.
• Sit in Crown courts when appeals are being heard against a conviction from a
Magistrates court
Occasionally magistrates will be removed from their position as a magistrate if they:
• They fail to meet the standards of competence needed
• They misbehave.
• They refuse or neglect to do the duties of a lay magistrates.
Juries – role and powers of juries in a criminal trial.
The jury fulfils an important role within the legal system. It is made up of 12 lay people
in criminal cases and 8 lay people in civil cases. A Jury appears in Crown Court when the
defendant has pleaded ‘Not Guilty’. In Crown court the exercise of justice is by the people
represented by the jury not the state therefore juries play a key role. Their role is to
decide the guilt or innocence of the defendant – this is both in Crown Court and Civil
Court. They do not need to justify their verdict. The judge will require a unanimous
verdict however, if this cannot be reached then a majority verdict will be given.
Under the Juries Act 1974, to qualify for jury service an individual must be:
• aged 18-70.
• registered to vote.
• resident in the UK, Channel Islands, or the Isle of Man for at least five years since
their 13th birthday.
• not mentally disordered or disqualified from jury service.
Jurors are selected randomly from the electorate, when selected you will receive a
summons from the Lord Chancellor to attend local court. At the start of your service you
will undergo a series of vetting checks. Potential jurors are given a panel number, during
the selection process you are identified by their panel number, and the panel number is
called when they are requested to attend the court. Once in the court a juror will be
sworn in. If not requested to attend court, they may become a standby juror.
Prosecution or the defence lawyers can ask for a juror not to serve, with a good reason.
If the judge accepts their reason, they won't be allowed to serve as a juror on that
particular trial, but may be called to a different case.
Once selected onto a jury, the jury’s decision should be based on the evidence before
them in court. The function of the jury is to balance the evidence and to decide what
actually happened. The judge gives the direction to the jury on the relevant law, which
the jury has to apply to the facts of the case in order to reach a verdict. If it is a criminal
case and the jury has given a verdict of guilty, then the judge will decide on appropriate
sentence. In civil cases, a jury’s function is to decide on how much money should be
awarded in damages. They decide what has been proved and what has not and return a
verdict on each count, based on their view of the facts and what the judge tells them
2
, Unit 15 – Assignment 2
about the law. If the jurors are certain of a defendant’s guilt, they convict the defendant.
If the jury are not certain of the defendant’s guilt, they must return a not guilty verdict.
Currently, the role of the English jury is almost entirely limited to the more serious
criminal cases, but juries occasionally sit in civil trials as well.
Therefore for role of lay people in the given cases:
Case 1: Sam has been charged for assault for attacking his girlfriend, it is his third
offence, and he is pleading not guilty. Magistrates can deal with summary offences
including common assault (not causing significant injury). They would need to consider the
evidence and if found guilty decide on the punishment. We do not have detail of the
nature of the assault or of the previous offences. If Sam was previously given a
conditional discharge, he may be tried and found guilty punishment will take into account
the previous offence. However, if he is found not guilty the case will be dismissed. This
case could also be sent to crown court depending on the severity of the assault. In this
case as he is pleading not guilty he would be given a trail by jury. The lay jurors would
having heard the evidence decide on whether or not he is guilty of not guilty of the
charge.
If the case stays in the magistrates courts if he is found guilty following an examination of
the evidence, the court should determine the offence category according to the guidance
given. In order to decide the category the court should evaluate culpability and harm.
High culpability
• Significant degree of planning or premeditation
• Vulnerable victim, age, personal characteristics, or circumstances
• Use of a highly dangerous weapon or weapon equivalent*
• Strangulation/suffocation/asphyxiation
• Leading role in group activity
• Prolonged/persistent assault
Medium culpability
• Use of a weapon or weapon equivalent which does not fall within category A
• Lesser role in group activity
• Cases falling between category A or C because:
• Reasons for both high and lesser categories which offset each other
• The offender’s culpability falls amongst the issues in high and lesser culpability.
Lesser culpability
• No weapon used.
• Excessive self defence
• Impulsive/spontaneous and short-lived assault
• Mental disorder or learning disability, where linked to the commission of the
offence.
Harm is categorised as follows:
Category 1: Serious physical injury or serious psychological harm and/or substantial
impact upon victim
Category 2: harm falling between one& three.
Category 3: Some level of physical injury or psychological harm with limited impact
upon victim
3
, Unit 15 – Assignment 2
Once the level of harm and Culpability are established, the punishment guidelines will
help ensure that the magistrates give out the correct punishment.
Punishment can include unpaid work in the community for a set number of hours, a
fine or a custodial sentence.
Case 2 – Gill an alcoholic has committed her first offence a theft from a chemist. We
do not know if she is entering a guilty or not guilty plea. Being an alcoholic is not an
offence, theft is. If she is found not guilty the case will be dismissed. As it is a first
offence it is likely the case will remain in the magistrate court. If she is found guilty
the magistrates will be required to give a decision on the best course of action to take.
As it is a first offence it is possible to that the magistrates may decide to issue an
absolute discharge of the case, they may give a condition for the discharge that Gill
attends a substance abuse progreamme, to help break her addition to alcohol.
However, if she is found guilty they must determine the level of harm and culpability
according to the guidelines they are given. For theft, the level of Harm is based on
value of the items stolen.
Harm is assessed by reference to the financial loss that results from the theft and any
significant additional harm suffered by the victim – examples of significant additional
harm may include but are not limited to:
• Emotional distress
• Damage to property
• Effect on business
• A greater impact on the victim due to the size or type of their business
• A particularly vulnerable victim
• Intended loss should be used.
Category 1 – Value of stolen good above £1000 or lower value with additional harm to
the victim.
Category 2 - Medium value goods stolen (£200 to £1,000) and no significant additional
harm or low value with significant additional harm to the victim.
Category 3 - Low value goods stolen (up to £200) and little or no significant additional
harm to the victim.
Culpability is demonstrated by one or more of the following:
High culpability:
• In a group activity being a leader
• Involvement of others through coercion, intimidation, or exploitation
• Sophisticated nature of offence/significant planning
• Significant use or threat of force
• Offender subject to a banning order
• Child accompanying offender is actively used to enable the offence.
Medium culpability:
• A significant role where offending is part of a group.
• Some degree of planning involved.
• Limited use or threat of force
• Other cases that fall between categories A or C because:
4
