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Criminal Courts and Lay People OCR H415/01 – The legal systems and criminal law

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Need to know:

Criminal process: jurisdiction of the Magistrates’ Court and the Crown Court,

including classification of offences and pre-trial procedures

Appeals and appellate courts

Sentencing and court powers: aims, factors and types of sentences

Lay magistrates and juries: qualifications, selection, appointment and their role in

criminal cases

Evaluation of the different types of sentences and of using lay people in criminal

cases

Introduction There are two courts dealing with criminal cases, the Magistrates’ Court and the Crown

Court. The case will be heard in the court with the correct jurisdiction (see below). All

preliminary matters are dealt with at the Magistrates’ Court and then the case is sent to the

appropriate court. Appeals are heard in the Crown Court, High Court, Court of Appeal and

Supreme Court. Sentencing occur in both the Magistrates’ Court and the Crown Court. Both

courts have access to all four available sentences (discharge, fine, community sentence,

custodial sentence). In the Magistrates’ Court, cases are decided and sentenced by lay

magistrates. In the Crown Court, cases are heard by a judge and jury.

Jurisdiction of the Magistrates’ Court The Magistrates’ Court deals with all summary offences and some triable either-way

offences. Their sentencing power is limited to 6 months imprisonment.

Jurisdiction of the Crown Court The Crown Court hears some triable either-way offences and all of the indictable offences.

The judge in the Crown Court has unlimited sentencing powers.

Classification of offences There are three types of criminal offences:


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Summary Offences

Triable Either-Way Offences

Indictable Offences

Pre-Trial Procedures The accused will be put before the Magistrates’ Court who will deal with administrative

matters (known as an Early Administrative Hearing). This may be done by a single

Magistrate or the Legal Adviser who will make decisions about legal aid and bail.

Summary offences These may be dealt with at the Magistrates’ Court at the first hearing. If the defendant

pleads guilty, the magistrates can sentence the defendant immediately or adjourn the case

to allow for a pre-sentence report to be made by the probation service (these reports

outline the defendant’s circumstances and can aid the magistrates in their sentencing). The

jurisdiction of the Magistrates’ Court is imprisonment up to 6 months for one offence

(maximum of 12 months for two offences). Magistrates can also impose community-based

sentences, fines and conditional or absolute discharges.

v These are the least serious ‘petty’ crimes. They are tried summarily at the

Magistrates’ Court.

v Summary offences include assault, and most traffic offences.

v These offences may be tried at the Magistrates’ Court or at the Crown Court

depending on the circumstances of the case.

v Assault occasioning actual bodily harm (ABH) and theft are triable either-way

offences.

v These crimes must be tried at the Crown Court. They are the most serious offences.

v Murder, robbery and rape are all indictable offences.


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Triable either-way offences After the Early Administrative Hearing, a person charged with a triable either-way offence

will have a ‘plea before venue’ hearing where the defendant will enter a guilty or not guilty

plea. If the defendant pleads guilty, the magistrates will sentence. If however, the

magistrates believe that the defendant deserves a more severe punishment than they have

the power to give, the magistrates will send the defendant to the Crown Court for a judge to

pass sentence.

If the defendant pleads not guilty, there will be a ‘mode of trial’ hearing. Magistrates will

consider the case and decide if they accept jurisdiction (have enough sentencing power).

They will consider the seriousness of the case and hear reasons from both the prosecution

and the defence.

If the magistrates decline jurisdiction, the case will be sent to Crown Court for a trial by

judge and jury. If the magistrates accept jurisdiction, the defendant has the right to opt to

be tried summarily at the Magistrates’ Court or choose a trial by jury at the Crown Court.

Indictable offences After the preliminary administrative matters have been dealt with at the Magistrates’ Court,

a defendant charged with an indictable offence will be sent to the Crown Court. If the

defendant pleads guilty to an indictable offence, the judge will pass sentence. If the

defendant pleads not guilty, he or she will be tried by a jury who will decide the verdict. If

found guilty by the jury, the judge will pass sentence.

Appeals and appellate courts The defendant has had their case heard at the Crown Court or Magistrates’ Court depending

on the type of offence they have committed. If defendant pleaded guilty, they would have

been sentenced by the court. If they pleaded not guilty, a trial will be held and the verdict of

guilty or not guilty would be made. This decision can be contested by way of an appeal to a

higher court.

Appeals can be made by both the defence and prosecution.

Appeals from the Magistrates’ Court: Defence – If the defendant has their trial at the Magistrates’ Court an appeal can be made

to the Crown Court regarding the facts or the sentence. The case will be re-heard by a

Circuit Judge and two Magistrates, who can uphold the conviction, quash the conviction or


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vary the sentence. If the Crown Court wishes to increase the sentence, they must not

exceed the jurisdiction of the Magistrates’ Court (max. 6 months imprisonment). If during

the Crown Court appeal a point of law becomes evident in the case, it will then be sent to

the Queen’s Bench Division of the High Court for consideration.

Defence & Prosecution – Both the defence and prosecution can appeal on a point of law by

way of case stated. This appeal is from the Magistrates’ Court to the Queen’s Bench Division

of the High Court. The High Court Judge will re-try the case and can send the case back to

the Magistrates’ Court (remit), confirm the decision of the Magistrates’ Court, reverse the

decision and acquit the defendant or change the charge to a different offence.

A final appeal can be made from the Queen’s Bench Division of the High Court to the

Supreme Court if the case involves a point of law of general public importance. Such an

appeal requires leave granted by either the High Court or the Supreme Court itself.

Appeals from the Crown Court: Defence - If the defendant has their trial at the Crown Court an appeal can be made under

the Criminal Appeals Act 1995 if there has been an unsafe conviction. This appeal goes to

the Court of Appeal who has the power to vary the sentence, order a re-trial, quash the

conviction or vary the offence. An appeal on the facts will require substantial new evidence

and leave to appeal. The Criminal Case Review Commission may ask the Court of Appeal to

grant an appeal if they believe that a miscarriage of justice has occurred. Appeals can also

be made regarding the law (in that the judge has misdirected the jury) or that the sentence

was too harsh.

Cases concerning human rights issues may be appealed further to the European Court of

Human Rights. The Supreme Court may refer a case concerning European Union law to the

Court of Justice of the European Union for a decision. This is known as an Article 267

referral. This is rare in criminal cases.

Prosecution – The Attorney-General can appeal to the Court of Appeal against a lenient

sentence under the Criminal Justice Act 1988 in order to get the sentence increased. The

Attorney-General can also make an Attorney-General’s Reference to the Court of Appeal

under the Criminal Justice Act 1972. This is where the defendant has been acquitted by a

jury and the Attorney-General believes the law needs to be changed for future cases. An

appeal by the prosecution can be made to quash an acquittal under the Criminal Justice Act

2003. This can only be made to the Court of Appeal when there is compelling new evidence.


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The prosecution can also appeal under Criminal Procedure and Investigations Act 1996 to

the High Court. This is where there the prosecution asked the High Court to quash an

acquittal because of interference with a witness or the jury.

A final appeal can then be made by the defence and prosecution to the Supreme Court if the

case involves a point of law of general public importance. Such an appeal requires leave

granted by either the Court of Appeal or the Supreme Court itself.

Sentencing and court powers:

Introduction to Sentencing If someone pleads guilty or is found guilty after a trial then the magistrates or judge,

depending upon where the case was held, must decide what will happen next. The courts

have a range of options open to them including sending an offender to prison or requiring

them to pay a fine. The option that is chosen will be based on many factors including the

type of offence, the minimum/maximum sentence available, the circumstances of the

offence, the age of the defendant, their background and the aims of sentencing. Often, the

court will order a pre-sentencing report to be compiled by the probation service which looks

at the offender and their crime in greater detail.

Aims The aim/purpose of a sentence is what the judge hopes it will achieve.

Criminal Justice Act 2003 s.142 lists the main aims of sentencing as:

Punishment of offenders, reduction of crime (including deterrence), reform and

rehabilitation of offenders, protection of the public, the making of reparation of the

offenders to persons affected by their offences.

Young offenders – s.142A states that as well as these aims, the principal aim for young

offenders is to prevent offending or reoffending. Consideration must also be given to the

welfare of the offender.

PUNISHMENT The aim of a retributive sentence is to punish the offender. The idea is that if a person has

knowingly done wrong, they deserve to be punished and society expects that they are. This

aim of sentencing does not seek to reform the offender although it could be argued that

threat of a severe punishment could act as a deterrent.


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Another form of punishment is denunciation. Society expresses its outrage at the behaviour

of the individual and condemns it. This is sometimes used in America as convicted shop-

lifters are made to stand outside the shop that they stole from with a sign proclaiming that

they are a thief. Local newspapers also feature sections ‘naming and shaming’ those who

have been convicted.

REDUCTION IN CRIME (DETERRENCE) This aim is to reduce crime by dissuading people from offending or reoffending.

There are two different types of deterrence:

1. A specific deterrent applies to an individual and the aim is to deter that particular

person from re-offending. A custodial sentence could act as a deterrent as the

offender who is sent to prison will be reluctant to reoffend as they do not want to be

sent back in the future.

A suspended sentence acts as a deterrent as the offender does not go to prison for the

offence they have been convicted of unless they commit another similar offence within a

specified time.

2. A sentence designed to act as a general deterrent is aimed at the public. The hope is

that people will be deterred from committing crimes by the level of punishment that

they will receive if convicted. People convicted of certain crimes will be given a very

harsh sentence to deter others from committing the same crime. This might be used

if a particular type of crime has become a problem in an area – for example football

hooliganism, joy-riding or mobile phone robberies.

REFORM & REHABILITATION An offender is helped to solve the issues that lie behind his/her criminal behaviour. The

intention is that if the problems are solved then the offender will avoid committing further

offences.

A drug addict who steals to fund their habit may be assisted to overcome their addiction

thereby removing the need to steal in future. A person who reacts aggressively and commits

acts of violence may be sent on an ‘Anger Management’ course. Other offenders may be

helped to develop their social skills and some may undertake training to improve their

chances of employment.

Individualised community sentences are often used to help rehabilitate the offender in the

hope that this will reduce the chance of reoffending in the future. The probation service will

often be involved to help the offender deal with the issues that have resulted in their

offending.


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PROTECTION OF THE PUBLIC This aim is frequently used as a strong general justification for punishment and

imprisonment in particular. It is argued that the public need protection from dangerous

criminals who commit violent or sexual offences. Imprisonment removes these criminals

from the public domain by restricting their liberty. In physically restraining offenders, it

protects the public, albeit temporarily from becoming the victims of further acts of crime.

The public can also be protected from offenders who are given other sentences. For

example, a drink driver will be disqualified from driving. Offenders who are subject to a

curfew or electronic tag will restrict their movements and therefore, reduce their contact

with the general public.

REPARATION This is based on the notion that the offender “makes amends” for their crime. They attempt

to ‘repair’ the damage caused by their offence, usually by carrying out work in the

community or by paying financial compensation. This encourages offenders to accept

responsibility for their crime.

Restitution requires the offender to make reparation to society as a whole. This could be

done through a community order for unpaid work to clean graffiti or clean up a playground.

The courts are more ready to consider reparation directed specifically at the victim of the

offender’s crime.

Section 142 of the Criminal Justice Act 2003 makes specific reference to ‘the making of

reparation of the offenders to persons affected by their offences’. This means that the

victims of a crime will be considered in the sentencing of the offender. If the offender has

caused criminal damage, the sentence could involve them repairing the actual property they

have damaged.

Section 130 of the Powers of the Criminal Courts (Sentencing) Act 2000 the court must

consider making a compensation order for the offender to pay to the victim of their crime.

The Act states that the court must give a reason if they decide not to make a compensation

order.

Factors In the Magistrates’ Court, it is the magistrates who decide on the sentence whilst at the

Crown Court it is the judge who sentences the offender. Additionally, under the Powers of

Criminal Courts (Sentencing) Act 2000, the magistrates may send a convicted offender to

the Crown Court to be sentenced if they feel that their powers of sentencing are not

sufficient.


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Pre-Sentence Reports The court may order a pre-sentence report to be prepared by the probation service before

proceeding to sentence. The offender meets with a probation officer who then prepares the

report. Each report will contain basic information such as the offender’s age, background

and detail any previous convictions. Additionally, it will include details of offender’s attitude

to the offence as well as details of the offence itself. The report may also include the views

of the victim. The offender will be assessed as to the risk of their re-offending and whether

they are considered to be a danger to the public. On the basis of this information, a type of

sentence is recommended.

Aggravating Factors These are factors which make an offence more serious and can result in a more severe

sentence being passed. They can include a number of things such as the use of a weapon, a

pre-meditated attack, if the offence involved a breach of trust, a racist or religious motive

behind the offence, if the victim was particularly vulnerable. It also includes any relevant

previous convictions and if the offence was committed whilst on bail.

Mitigating Factors The court will take these into account and they may mean that the offender receives a more

lenient sentence than they would have done. Mitigating factors may relate to the offender

and can include previous good character, personal circumstances and the fact that they

have shown remorse. Under s.144 of the Criminal Justice Act 2003, a prompt guilty plea can

reduce the sentence by up to one third. This reduction reduces the closer it gets to the trial.

A reduction of one tenth will be made if the offender changes his/her plea to guilty on the

day the trial starts.

Other mitigating factors include assisting the police, the fact that the offence was

committed on the spur of the moment rather than being pre-meditated, the fact that the

offender was provoked or an attempt by the offender to compensate the victim.

Sentencing Council The Sentencing Council for England and Wales was set up by the Coroners and Justice Act

2009. Their roles are to prepare sentencing guidelines, monitor the operation and effect of

its sentencing guidelines, draw conclusions and promote awareness of sentencing and

sentencing practice to the general public.

Types of sentences There are 4 main types of sentences available to a judge or magistrate. They range from a

discharge all the way to a custodial sentence.


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DISCHARGE Imposed in 8% of cases when the defendant has been convicted of an offence but the court

is of the opinion that punishment is unnecessary for some reason. There are two different

types –conditional and absolute.

A conditional discharge means that although the offender will have a criminal record, no

further action will be taken against them as long as they do not commit a further offence

within a specified time period of up to 3 years. If they do commit a further offence, they

may be re-sentenced for this offence as well as receiving whatever sentence is passed for

the second offence.

An absolute discharge means that they will have a criminal record but no further action is

taken against them. This may be imposed on first-time offenders charged with a very minor

offence.

FINE A fine requires the offender to pay a financial penalty and may be imposed alone or in

addition to another type of sentence. When setting the level of a fine, the court must take

into account two factors. Firstly, the seriousness of the offence and secondly, the financial

means of the offender - as they may go to prison if the fine is not paid. According to the

Home Office, fines are imposed in approximately 71% of cases each year making them by far

the most common type of sentence.

COMMUNITY SENTENCE A community sentence is imposed in 13% of cases each year. It is still a serious punishment

but is an alternative to prison. Anyone aged 16 or over can be given a community sentence

and it is seen as more effective at rehabilitating offenders than sending them to prison.

Under s.48 Criminal Justice Act 2003, it can only be passed it the offence is serious enough

to warrant it. Community sentences can be made up of various elements. The advantage of

a community sentence is that it can be tailored to the needs of the individual.

A community order can combine one or more requirements from the list stated in s.177

Criminal Justice Act 2003: an unpaid work requirement, an activity requirement, a

programme requirement, a prohibited activity requirement, a curfew requirement, an

exclusion requirement, a residence requirement, a mental health treatment requirement, a

drug rehabilitation requirement, an alcohol treatment requirement, a supervision

requirement and an attendance centre requirement (if the offender is under 25 years old).

All of these community orders are available for offenders over the age of 16 years.

There are many types of community-based sentence, including:


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1. Unpaid Work

This is an order of between 40 hours and 300 hours of work supervised by the Probation

Service. This work is usually at weekends and therefore, it is a punishment as the offender

will have their free time restricted. They are also involved in a reparation activity to the

community as a whole. Work includes clearing litter, cleaning graffiti, painting schools and

play areas etc.

2. Activity Requirement

This may include activities for the purpose of reparation. The activity will not exceed 60 days

and may involve contact between offenders and persons affected by their offences.

3. Mental Health Treatment Requirement

Section 207 Criminal Justice Act 2003 states ‘…the offender must submit, during a period or

periods specified in the order, to treatment by or under the direction of a registered medical

practitioner or a registered psychologist (or both, for different periods) with a view to the

improvement of the offender’s mental condition.’

4. Alcohol Treatment Requirement/Drug Rehabilitation Requirement

This order puts the offender under the supervision of a specified person who will offer

treatment to the offender with a view to the reduction or elimination of the offender’s

dependency on or propensity to misuse drugs or alcohol.

5. Curfew Requirement/Electronic Monitoring Requirement

A curfew orders the offender to stay at a fixed address between certain hours of the day for

up to 6 months. This is a much cheaper option that prison as the offender will still be

allowed to work (if they have a job) and therefore, pay their own living expenses. The

offender may be fitted with an electronic tag to monitor their whereabouts.

6. Supervision Requirement

A probation officer will regularly meet with the offender and supervise them for up to 3

years. The probation officer will use the opportunity to try to rehabilitate the offender.

7. Attendance Centre Requirement

The main purpose of an Attendance Centre Requirement is punishment where the level of

seriousness is low. It offers constructive activities in a group environment for offenders

under 25 years old, whilst imposing a restriction on their leisure time. The requirement is

one whereby the offender must attend an Attendance Centre specified for the number of


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hours specified (at least 12 and a maximum of 36 in total). The court should only impose

this requirement if it is satisfied that the Attendance Centre is reasonably accessible to the

offender.

8. Residence Requirement

This order requires the offender to live at a specified address for a given period of time. This

requirement could be used in conjunction with other requirements such as curfew etc so

that the probation service knows the whereabouts of the offender.

9. Exclusion Requirement

This prevents offenders from visiting certain places where they are likely to commit crimes.

This can include football grounds or town centres. An offender over 16 years old can have

an exclusion requirement for up to 2 years (under 16 years old, the order can be a maximum

of 6 months).

10. Programme Requirement

The programme aims to teach the offender how to think or behave differently so as to help

reduce the risk of reoffending. The programme may include looking at how to handle

problems, how to deal with other people and how to behave in difficult situations. The

offender may attend the programme alone or as part of a group.

11. Prohibited Activity Requirement

The court imposes such an order to try to prevent the offender committing the same type of

offence in the future. The prohibited activity will relate to the offence committed e.g. a

person who has caused criminal damage by spraying illegal graffiti can be banned from

carrying spray paint, a shoplifter may be banned from a shopping centre etc.

CUSTODIAL As there is no longer the death penalty in the UK, the most severe criminal sanction for

those over 21 is imprisonment. The punishment is the removal of the offender’s liberty but

can often go beyond this as the prisoner’s whole life is affected. They may lose their jobs,

homes and families as a result of a prison sentence.

Under the Criminal Justice Act 2003, the court can only pass a custodial sentence if it thinks

that the offence ‘was so serious that neither a fine alone nor a community sentence can be


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justified for the offence.’ It may also be imposed to protect the public from violent or sex

offenders.

Mandatory Life Sentences

The crime of murder carries an automatic life sentence. The judge will set the minimum

time that is to be served before the offender is eligible to be considered for release on

licence. The minimum terms as stated by the Criminal Justice Act 2003 include; whole-life,

30 years and 15 years. Whole-life sentences for murder include offenders who have

previously been convicted of murder, murder of two people with sexual or sadistic conduct,

murder of a child involving abduction with sexual or sadistic conduct and terrorist murders.

A 30 year minimum sentence for murder includes offenders who have murdered a police

officer or prison warden, used a firearm or explosive, racially aggravated murder and a

sexual or sadistic murder of an adult.

Any other types of murder will have a set minimum term of 15 years (12 years for offenders

under 18 years old).

Discretionary Life Sentences

Some crimes carry a discretionary life sentence. For manslaughter, rape and robbery, the

judge has the power to sentence the offender anything up to life imprisonment.

Fixed-Term Sentences

Offenders who have committed other crimes will be given a fixed-term sentence for a set

number of months or years. The offender will be automatically released after half of their

sentence.

Suspended Sentences

In exceptional circumstances, an offender may receive a suspended prison sentence varying

in length from 6 months to 2 years. This means that the offender does not have to go to

prison. Their sentence may be suspended for a period between 1 and 2 years. The offender

may also be obliged to carry out work in the community and must not commit any further

offences during the time the sentence is suspended otherwise the sentence will be

activated and the offender will go to prison.


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Evaluation of the different types of sentences

Type Advantages Disadvantages

Custodial Custodial sentences

protect the public from

dangerous criminals.

Crimes cannot be

committed whilst the

convict is in jail.

The prospect of a jail

sentence should act as a

deterrent e.g. a suspended

sentence would deter a

person from committing

another crime.

The public are only protected

whilst the convict is in jail.

Reoffending rates are high which

means that the deterrent doesn’t

work for many.

Expensive drug rehabilitation

schemes are only offered to

people who are subject to lengthy

prison sentences.

Community Community sentences can

work with the offender and

help to solve the reasons

behind the offending and

rehabilitate them.

The probation service

monitor the offender

whilst serving the

sentence.

As many of these sentences are

concerned with rehabilitation,

critics argue that there is a lack of

punishment and that these are the

soft option.

Fine A fine works well as a

deterrent particularly with

motoring offences as it

deters the driver from

committing dangerous

offences such as speeding

and running traffic lights.

A fixed penalty fine is fair

because everyone is

treated equally (same

crime, same fine).

There is an inequality when issuing

fines. Rich people will not be

punished or deterred by a fine as

they can easily pay it.

Many people have fines taken

directly from their benefits. It

could be argued that fining people

who are already very poor, will

only make matters worse and

could increase their need to

commit more crimes.

Discharge A conditional discharge

acts as a deterrent as the

offender is told that they

will face a penalty should

they commit another crime

An absolute discharge is only used

for the most petty of crimes. It

could be argued that the time and

money of taking the case to court

should result in some sort of


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in the future. penalty. Alternatively, the CPS

shouldn’t prosecute the case in

the first place. A police warning

could be sufficient.

Lay magistrates There are around 29,000 lay magistrates sitting as part time judges in the Magistrates’ Court.

They are also known as Justices of the Peace. Magistrates have been used in the justice system

for over 1000 years. Magistrates work in a bench of three that consists of two wingers and a

chairman.

Qualifications Lay magistrates do not have any legal qualifications however there are some key

requirements that each prospective magistrates must meet.

Six Key Qualities In 1998 the Lord Chancellor set out 6 key qualities which each candidate must have.

1. Good character

2. Understanding & communication

3. Social awareness

4. Maturity & sound temperament

5. Sound judgement

6. Commitment & reliability

Selection & Appointment About 1,500 lay magistrates are appointed each year. The appointments are made by the

Lord Chancellor. Candidates must first apply to the Local Advisory Committees (LAC). The

LAC is made up 12 members who are a mixture of magistrates and non magistrates. To try

to encourage a wide variety of candidates the committee must place adverts in local press

and newspapers aimed at particular ethnic groups. The intention is to create a balanced

panel to represent the society as a whole. Once the candidates have applied they must face

two interview panels. During the first interview the panel are trying to find out if the

candidate has the 6 key qualities as stipulated by the Lord Chancellor. Successful candidates


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then progress to the second interview which is a practical test to assess the candidate’s

judicial aptitude as they are presented with at least 2 case studies. The advisory committee

will then recommend candidates for appointment to the Lord Chancellor. Lay magistrates

are expected to sit for a minimum of 13 full days or 26 half days a year.

The traditional view is that magistrates are ‘middle-class, middle-aged and middle-minded’.

However this view is starting to change as the adverts aimed at ethnic minorities appear to

work.

Role in criminal cases Lay magistrates have a wide variety of duties the criminal courts. They hear 97% of all

criminal cases and deal with the preliminary matters for every criminal case.

Criminal Courts Magistrates are responsible for deciding bail for each defendant. They also hear summary

and some triable-either way trials, during which they are responsible for the sentence and

verdict for the defendant. Magistrates also hear mode of trial hearings for triable-either way

offences or committals for indictable offences. In the criminal courts the magistrates can

also issue search and arrest warrants, they are also responsible for extending detention

periods for suspects being held at the police station.

Youth Court Magistrates can take part in additional training to sit on the Youth Court Panel for offenders

between the ages of 10 and 17 years old. The panel must include one man and one woman

and each member must be under the age of 65. Magistrates can also undertake special

training to heard family cases under the Children Act 1989, including adoption orders.

Appeals Lay magistrates can also sit in the Crown Court to hear appeals from the Magistrates’ Court

alongside a qualified judge.

The Legal Adviser Each bench of lay magistrates is assisted in carrying out their role by a clerk, who is often

called the legal adviser. The legal adviser must have been a solicitor or barrister for at least 5

years to qualify. Their job is to advise the magistrates on practice and procedure and answer

any questions about the law. The legal adviser is not supposed to assist in the decision

making and would normally retire whilst the magistrates come to their decision.


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Evaluation using lay people in criminal cases The use of lay magistrates in criminal cases is heavily criticised, however there are some

that support their continued use.

Advantages Disadvantages

Lay magistrates are representative

of society based on gender.

Lay magistrates are appointed from

their local area, so they have local

knowledge.

Lay magistrates are unpaid, the

system is cheap.

Lay magistrates can rely on the

advice of the legal adviser to help

them reach the right decision.

There are very few appeals from the

Magistrates’ Court so they must get

most of their decisions right.

Lay magistrates are described as

‘case-hardened’.

Lay Magistrates tend to rely heavily

on the evidence of the police and

the prosecution.

Lay magistrates are criticised for being ‘middle-aged and middle- classed’ and failing to represent society.

Lay magistrates are criticised for being too reliant on the legal adviser and not making their own decisions.

Lay magistrates are criticised for being inconsistent when sentencing and delivering a variety of sentences for very similar offences.

Juries

Qualifications The Juries Act 1974 contains the qualifications for jury service (as amended by the Criminal

Justice Act 2003 and Criminal Justice and Courts Act 2015)).

Name the 3 main qualifications for jury service:

Aged between 18 and 75

Registered as a parliamentary or local government elector

Ordinarily resident in the United Kingdom, the Channel Islands or Isle of Man for at least five years since their thirteenth birthday


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Some people cannot do jury service. They are:

1. Deferred Jury service can be deferred under certain circumstances - such as a hospital appointment

or a family wedding. If granted a deferral, the person will be able to undertake jury service

at another date within 12 months of the original summons. Decisions on whether someone

may defer or be excused from jury service are made by the Jury Central Summoning

Bureau.

2. Excused

An excusal can be given at the discretion of the court if a person is ill or elderly. Certain

professions can also ask for a discretionary excusal. Since the Criminal Justice Act 2003, the

armed forces, doctors, pharmacists etc. can only be granted an excusal if they have good

reason. An excusal can be made at the court’s discretion but it is more likely that they will

grant a deferral instead.

3. Incapacity

A judge may remove a juror if they believe that they are not capable of coping with the case.

An inability to understand English and certain disabilities such as being blind can make a

potential juror incapable. Deaf jurors have also been deemed to be incapable of sitting on a

jury. This was because a sign language interpreter would not be allowed in the jury room

during deliberation as this is strictly limited to the 12 jurors.

4. Ineligible

Mentally disordered people are ineligible to serve on a jury. The Criminal Justice Act 2003

defines the different types of mental illness e.g. psychopathic disorder and mental handicap.

Qualifications – before the Criminal Justice Act 2003 Before the Criminal Justice Act 2003, there were more categories of people who were

ineligible for jury service due to their profession. These professions are no longer ineligible

and include police, lawyers, judges and the clergy. In 2004, Lord Justice Dyson was the first

judge to be picked for jury service under the new rules. Cases such as R v Abdroikof, R v

Green and R v Williams (2007) have challenged the fairness of having police officers sitting


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on a jury but the Supreme Court has decided that it would be unfair if the police officer on

the jury worked at the same station as the arresting officer.

R v Abdroikof, R v Green and R v Williams (2007)

v These three separate cases were appealed together to the House of Lords (now

known as the Supreme Court).

v Abdroikov’s appeal was due to the fact that there was a police officer on his jury.

v Green also had a police officer sitting as a juror where the victim of the crime was

also a police officer from the same local area.

v Williams was charged with rape and one of the jurors was a Crown prosecutor.

v Although there was no evidence of bias and Lord Bingham accepted that all human

beings has their own prejudice, the convictions of Green and Williams were quashed

by a majority in the House of Lords as it was considered that the inclusion of these

legal professionals meant that the trials would not be considered fair by a

reasonable onlooker.

v Lord Roger (dissenting) said that these decisions go against the Criminal Justice Act

2003 and therefore go against Parliament’s wishes that police and other legal

professionals are eligible for jury service. He also thought that the Act could be in

contravention of article 6 of the Human Rights Act – the right to a fair trial.

5. Disqualified Criminals who have received prison sentences of 5 years or more are permanently

disqualified from sitting on a jury. A criminal who have served a short custodial sentence or

community sentence will be disqualified from jury service for 10 years. People are also

disqualified whilst on bail.

Selection & Appointment

Summons Those selected will receive a jury summons through the post advising them that they have

been chosen and informing them where they must go and when. They must reply to the jury

summons within seven days. Failure to complete jury service when summoned is a criminal

offence and can be punished with a fine of up to £1000. Jurors are usually expected to sit

for ten working days and since the average trial lasts about a day and a half, it is highly likely


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The ABC Trial (1978)

that a juror will sit on more than one trial. Sometimes, a juror will be required to sit for

more than 10 working days if the trial is expected to last longer.

At Court The ‘jury in waiting’ will wait in a large room known as the jury pool. When a jury is

required, a court official will choose a number of jurors – usually 15, at random from those

called for duty. The court clerk will shuffle the names of the 15 potential jurors. Although

only 12 are needed for the trial itself more people are taken into the court in case a juror is

unable to sit, for example, if they know the defendant or anyone involved in the case.

Vetting The prosecution and defence have the right to see the list of selected potential jurors. The

pool of jurors may be vetted through a:

routine police check, or

wider background check

A police check would identify if any of the jurors have criminal records. Vetting of the jury’s

wider background will only be allowed in exceptional circumstances. Permission must be

granted by the Attorney General in cases involving national security or terrorism. Such

vetting was used in ABC Trial (1978).

Challenging Once the 12 jurors have been chosen for the case, the defence and prosecution may

challenge ‘the array’ or ‘for cause’:

Challenge the array – under s.5 Juries Act 1974 both the defence and prosecution

can challenge the whole jury if they consider they were chosen in an

unrepresentative or biased way. In 1993 the array was successfully challenged when

it turned out that 9 out of the 12 jurors all live in the same area of Romford.

Fact: Two journalists interviewed a former army corporal who divulged secrets. All three

were charged with criminal offences under the Official Secrets Act 1911.

Held: The jury had been vetted in this case involving the Official Secrets Act 1911. Since this

case, it has been decided that juries can only be vetted if the case involves national security,

terrorism or ‘professional’ criminals. Permission for such vetting of a jurors criminal record

must be granted by the Attorney General.


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R v Fraser (1987) & R v Ford (1989)

Challenge for cause – a valid reason must be given to remove an individual jury

member. Reasons could be that the juror is found to be disqualified or they know

someone involved in the trial.

The final type of challenge can only be made by the prosecution:

Stand by for the Crown – the prosecution can make sure a person will not be picked

for a jury except as a last resort. According to the Attorney General, these powers

will only be used as a last resort. The juror is put on stand-by.

After any challenges have been made, the jury will be sworn in and the trial will commence.

Role in criminal cases Jurors are lay people and as such do not require any legal knowledge. The judges will assist

them with any points of law and the lawyers will be aiming to make their case as clear as

possible so that the jury can understand.

Juries are only used in about 1% of criminal cases because magistrates deal with the

majority of criminal offences. The use of juries is reserved for the more serious cases such as

murder, rape and GBH. Trials take place in the Crown Court, with a jury of 12. Since most

jurors will not have legal experience, the judge will guide them on the relevant law. The role

of the jury is to decide on the facts by consideration of the evidence. Jurors then reach a

verdict of 'guilty' or 'not guilty'.

Unanimous Verdicts

The jurors must aim to reach a unanimous verdict initially but under the Criminal Justice Act

1967 allows for majority verdicts to be accepted (10-2 or 11-1) to reduce the number of

retrials when not all jurors can agree and also to counteract the effects of jury tampering.

R v Fraser (1987)

The array was successfully challenged when the jury were all white and the defendant was

from an ethnic minority background.

R v Ford (1989)

A randomly selected jury cannot be challenged simply because it is not multi-racial.


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Majority Verdicts

Majority verdicts are only acceptable if the jury have been deliberating for more than 2

hours. If the jury has during the trial dropped to 11, the majority must be 10-1. If it has

dropped to 10, it must be 9-1. If 9 jurors are left, it must be a unanimous decision. If the jury

drops below 9, the trial must start again with a new jury.

Majority verdicts were introduced to prevent jury tampering. This is where the jury is bribed

or threatened. The Criminal Justice Act 2003 states where there is evidence of jury

tampering s.44 of the Act allows the trial to be heard by the judge alone. This is very rare

and there must have been attempts to influence the jury.

If the defendant is found guilty by the jury, it will be the judge who passes sentence upon them.

Alternatives and Reforms Many suggestions have been made over the years as to how the jury system should be reformed. It should be remembered however, that juries only deal with 1 % of cases.

Make juries undergo training prior to sitting on a case

Use fewer jurors as there is no good reason why 12 are required

Make juries give reasons for their verdicts

Allow judges to retire with juries to assist them

End trial by jury and replace them with a single judge or panel of judges

Have professional jurors

Evaluation using lay people in criminal cases The use of juries in criminal cases is heavily criticised, however there is also a lot of support

for their continued use.

Advantages Disadvantages

The public participate in the justice

system. This is an advantage

because justice is seen to be done,

as ordinary members of the public

are involved in the administration of

justice making the whole process

They do not have to give reasons for their decision. This is a disadvantage because it makes it difficult for defendants to appeal against their verdict.

They do not receive any training so

most are complete amateurs. Sir

Criminal Courts and Lay People FACTSHEET OCR H415/01 – The legal systems and criminal law

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public.

Jury equity whereby juries make

decisions according to their

conscience rather than the strict

letter of the law. Jury equity is an

advantage, which was established in

Bushell’s case (1670) which means

that juries cannot be pressurised by

a judge.

Juries are representative of society.

This is an advantage because the

process of random selection should

result in a cross section of society

which should lead to an impartial

jury as they are not connected to

anyone in the case.

Their deliberations are kept secret

and their decision made away from

external influence.

Louis Blom-Cooper QC – ‘the jury is

the high point of amateurism,

potentially a recipe for

incompetence and bias.’

Juries may not understand the law

and reach the wrong/perverse

decision. This is a disadvantage

because there is no way of knowing

if jury understood case and came to

decision for right reasons, because

they don’t have to give a reason for

their decision.

The secrecy of the jury room means

that it is impossible to tell how

jurors reached their verdict. This is a

disadvantage because there is no

way of knowing if the jury

understood the case and have come

to the decision for the right reasons.


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Introduction It is necessary to know some basics about criminal law. It is also important to use the correct

legal terminology when explaining the criminal courts.

Fill in the gaps using the words printed below:

A crime is an offence that has been committed against the …………..

The defendant will be ………….. on behalf of the Crown by the CPS

(Crown Prosecution Service).

The prosecution must find the defendant guilty ‘beyond all ………….

doubt’. This is the …………. of proof in a criminal case.

The burden of proof is on the prosecution to prove the …………. is

…………..

If found guilty, the defendant will be ………….. This may be a

discharge, fine, community-based sentence or a …………. sentence.

Guilty Reasonable State Standard Prosecuted Custodial Sentenced Defendant

Task: From your general knowledge and from previous topics, see how many of these

questions who can answer:

1. What is the difference between a criminal case and a civil case?

2. Who would have dealt with a person accused of a crime before they reach court?


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3. Which courts deal with criminal trials?

4. Which courts deal with criminal appeals?

5. What is the difference between a trial and an appeal?

6. Which other topics that you have learnt link to the study of criminal courts?

Pre-Trial Procedures

Q. What is the role of the probation service?

Triable either-way offences

Q. What are the advantages of having a case heard at the Magistrates’ Court?


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Q. What are the advantages of having a case heard by a jury at Crown Court?

Appeals and appellate courts –Questions

Answer the following questions:

1. If a case is appealed from the Magistrates’ Court to the Crown Court, who will hear the case?

2. If a case is appealed from the Magistrates’ Court to the Crown Court, what powers does the

Crown Court have?

3. When would a defendant appeal to the Queen’s Bench Division?


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4. If a case is heard at the Crown Court, which court will hear the appeal?

5. Which Act of Parliament contains the rules on appeals?

6. What are the 3 things that the defence can appeal on?

7. Name 3 types of appeal that can be made by the prosecution.

8. What type of appeals are heard by the Supreme Court?


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9. That is required to have a case heard at the Supreme Court?

10. Can a case go any higher than the Supreme Court?

TASK: Would you allow an appeal in the following cases? (Give the grounds)

(a) Mr Bentley was found guilty of the murder of a Police Officer in 1952. This was during a

burglary, when his accomplice shot the Police Officer. Bentley was present at the shooting

but had been arrested and was held by the police. He had allegedly said “Let him have it

Chris”. Bentley was eighteen but had a mental age of 11. This fact was never given to the

jury. The Judge summed up in a very biased way, favouring the police. Bentley was hanged

on 28th January 1953.

(b) The Bridgewater Four were convicted of the murder of a schoolboy, but always denied it.

One of the defendants had been questioned by police for ten days without a lawyer, then

confessed after seeing a fabricated confession from one of the other defendants. They

spent 18 years in prison, eventually new fingerprint evidence was disclosed, proving they

were not involved.


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(c) Mr Woollin was convicted of the murder of his own baby when he threw the child

against a wall, during a moment of anger, as the baby was crying and would not feed. The

trial Judge advised the jury that they must ask themselves if there was a significant risk of

harm. He should have said “was serious harm a virtually certainty”. Woollin was jailed for

life.

(d) Mr Dunlop was acquitted of murder after two different juries could not decide if he had

killed pizza delivery girl Julie Hogg. He later confessed that he had in fact killed her (to a

friend).

(e) Mr Plakici was convicted of the kidnapping and forced prostitution of several young

eastern European girls. He was sentenced to ten years in prison.

(f) Mr Twomey was acquitted of the biggest armed robbery in the UK after a jury could not

reach a majority verdict. He was in fact guilty and the original jury had been nobbled.


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Research task:

There are many miscarriages of justice cases including Derek Bentley, the Bridgewater Four,

the Birmingham Six, the Guildford Four and the Maguire Seven. Research one of these cases

and present your findings to the rest of the class.

TASK: Look on the Internet and find out some information about the work of the Criminal

Case Review Commission.

Key Terms: Define the following terms. Use clear definitions and examples if appropriate. You may also

add more of your own:

SUMMARY OFFENCES

EITHER-WAY OFFENCES

INDICTABLE OFFENCES

EARLY ADMINISTRATIVE

HEARING

JURISDICTION OF THE

MAGISTRATES’ COURT


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PLEA BEFORE VENUE

MODE OF TRIAL

APPEALS FROM THE MAGISTRATES’

COURT

APPEALS FROM THE CROWN COURT

LEAVE TO APPEAL

Sentencing and court powers:

Introduction to Sentencing TASK: Look on the Internet and find out some information about the work of the probation

service. http://www.nationalprobationservice.co.uk/

Aims

PUNISHMENT

Q. In what way would a tag be a punishment?

http://www.nationalprobationservice.co.uk/


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Q. Do you think the death penalty is an appropriate PUNISHMENT for a murderer?

Q. What is meant by the saying ‘an eye for an eye’?

Q. What would be the most equal form of punishment for a person who commits criminal

damage by smashing someone’s windows?

REDUCTION IN CRIME (DETERRENCE)

Q. If 55% - 65% of prisoners reoffend within 2 years of release (this figure is 70% for young

offenders), does deterrence work?

Q. What assumptions does the aim of deterrence make about the offender?

Q. Why is a general deterrent unfair on the offender who is set as an example to others?


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REFORM & REHABILITATION

Q. How will a pre-sentence report assist the court when deciding a sentence that will

hopefully reform and rehabilitate the offender?

Q. Why is this aim of sentencing more likely to work than punishment?

PROTECTION OF THE PUBLIC

Q. What type of sentence would protect the public from a football hooligan?

Q. Which type of sentence is the ultimate way to protect the public?


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REPARATION

Q. Could the requirement for the offender to meet their victim help reduce future

offending?

Q. If you were the victim of a crime, would you want to meet the offender?

Factors

Sentencing Council

Visit the Sentencing Council’s website: http://sentencingcouncil.judiciary.gov.uk/

Types of sentences

FINE

Q. Why is a fine more of a punishment for some offenders more than others?

http://sentencingcouncil.judiciary.gov.uk/


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COMMUNITY SENTENCE

Q. How would the public be protected from an offender with a curfew order?

Group Task:

Peter has been caught shoplifting. He has a drug addiction and mental health problems. He is 21 years

old and unemployed living with his mum. He said that he goes shoplifting because he is bored.

Which community orders would you impose? Each group is to come to their decision and

must be able to link their decision to the aims of sentencing. Discuss which the most

appropriate sentence is for Peter.


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Task: Which aim(s) of sentencing do you think the judge is using when they impose the

following community orders?

Community Order Aim(s) of Sentencing

Prohibited Activity Requirement

Exclusion Requirement

Attendance Centre Requirement

Residence Requirement

Supervision Requirement

Curfew Requirement/Electronic Monitoring

Requirement

Alcohol Treatment Requirement/Drug

Rehabilitation Requirement


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Mental Health Treatment Requirement

Unpaid Work

CUSTODIAL

Life Sentences

Q. Define the word ‘mandatory’.

Q. Define the word ‘discretionary.

Fixed-Term Sentences

Q. What is the benefit of having sex offenders subject to an extended licence period?

Suspended Sentences


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Petra is a single mother who is caught shoplifting clothes for her children. This is her 12th

offence and she has been previously fined and banned from the shopping centre.

Q. Explain how a suspended sentence may reduce her offending.

Evaluation of the different types of sentences

One advantage of a custodial sentence is:

This is an advantage because:

However:

One advantage of a community sentence is:


However:


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One advantage of a fine is:


However:

One advantage of a discharge is:


However:


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YOU BE THE JUDGE – Group Activity

Task:

Consider the following situations. In your group, you must agree on an appropriate

sentence, consider aggravating and mitigating factors and consider the aim of the

sentence. You may wish to download the Sentencing Council’s guidelines for a more

authentic answer.

Situation 1

Simon was celebrating his 40th birthday with friends. He had a lot to drink and

on the way home he stole the milk off everyone’s doorstep in his street. The

neighbours reported him to the police. He said he had no recollection of

stealing the milk but for the fact that he had eight bottles of it in his house. He

was very sorry for what he did and has never been in trouble with the police

before.

Sentence: Aims:

Aggravating Factors: Mitigating Factors:


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Situation 2

Hazel is 28 years old with two children. The neighbours call the police when

they hear shouting and smashing noises from her house. The police arrive and

Hazel has hit her boyfriend with a baseball bat causing actual bodily harm (he

has a cut on this head and has bruising on his body). Hazel tells the police that

he deserves it as he has been cheating on her. As the police take her away, she

shouts to her neighbours that she will “see to them for snitching on her”. Hazel

has five previous convictions for fighting and admits that she has a short

temper. She has previously been fined, had an electronic tag, and done unpaid

work in the community.

Sentence: Aims:


Situation 3


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Carl is 50 years old and addicted to heroin. He commits a robbery at the local

post office. He threatens the cashier with an imitation gun and gets away with

£1000. He pleads guilty at the earliest opportunity. He has previous convictions

for assault, possession of drugs, theft and burglary.

Sentence: Aims:


Key Terms: Define the following terms. Use clear definitions and examples if appropriate. You may also add more

of your own:


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PUNISHMENT

DETERRENT

REHABILITATION

PROTECTION OF THE PUBLIC

REPARATION

DISCHARGE

FINE

COMMUNITY SENTENCE

CUSTODIAL


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PRE-SENTENCE REPORTS

AGGRAVATING FACTORS

MITIGATING FACTORS

Lay magistrates Q. Define the term ‘Lay’.


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Qualifications Q. Could you be a Magistrate?

TASK: Read the information on the gov.uk website about the qualifications for being a

Magistrate. Look at the application form and make notes below:

Six Key Qualities Make notes about each of these qualities and why you think they would be important in the

role:

1. Good character


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2. Understanding & communication

3. Social awareness

4. Maturity & sound temperament

5. Sound judgement

6. Commitment & reliability

Selection & Appointment Q. Who is the Lord Chancellor?

Q. Why is it important that Magistrates’ represent society as a whole?


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Role in criminal cases Q. What are preliminary matters?

Evaluation using lay people in criminal cases

One advantage of using magistrates in criminal cases is:


However:


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Another advantage of using magistrates in criminal cases is:


However:

One disadvantage of using magistrates in criminal cases is:

This is a disadvantage because:

However:


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Another disadvantage of using magistrates in criminal cases is:


However:

Key Terms: Define the following terms. Use clear definitions and examples if appropriate. You may also

add more of your own:

Lay People

Justices of the Peace


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Six Key Qualities

Local Advisory Committees

Lord Chancellor

Preliminary Matters

Summary Offences

Triable-Either Way Offences

Indictable Offences


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Youth Court

Legal Adviser

Case-hardened

Juries

Introduction:

See how much you already know about juries. In pairs, answer the following questions. When you have answered all you can, team up with other pairs until you think you have a correct answer to all:

1. How many people sit on a jury?

2. Name another country that has juries?

3. Would you be allowed on a jury?


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4. Name two types of people who should not be allowed to do jury service.

5. What do juries have to do in a case?

6. What sorts of cases use a jury?

7. Who is in charge of the jury?

8. Why do you think we have juries?

Research the facts of Bushell’s Case (R v Penn and Mead (1670)):


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Answer the following questions:

1. Why is Bushell’s Case so important?

2. Do you think it is right for juries to have the power to acquit a guilty person (Explain your

answer)?

YES NO

Q. How does the decision in Bushell’s Case improve the independence of a jury?


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Qualifications Q. Should criminals be allowed to sit on a jury?

YES NO

Q. Can people ever have a fair trial now that lawyers, police and judges can be called for jury

service?

YES NO


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Selection Q. Who is the Attorney General?

Watch this short video about jury service and answer the questions below:

http://www.youtube.com/watch?v=JP7slp-X9Pc

1. How are jurors selected?

2. What happens to a juror if they fail to attend the jury ‘roll call’?

http://www.youtube.com/watch?v=JP7slp-X9Pc


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3. What must a person take with them to court when they serve on a jury?

4. How long do most periods of jury service last?

5. How many people will the jury officer select at the beginning of a case?

6. How many of those selected will actually serve on a jury?

7. What happens to those who are not selected?

8. What basic pattern do all criminal cases follow?


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9. What are jurors specifically told not to do during a case?

10. What is an ‘unanimous verdict’?

11. Identify 3 key functions of a jury during a criminal case:

12. What happens to the jury when the case is over?


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Juries Debate Task

Judges should be allowed to sit on a jury. Judges should not be allowed to sit on a jury.

Police should be allowed to sit on a jury. Police should not be allowed to sit on a jury.

Criminals should be allowed to sit on a jury. Criminals should not be allowed to sit on a jury.

75 year olds should be allowed to sit on a jury. 75 year olds should not be allowed to sit on a jury.

16 year olds should be allowed to sit on a jury. 16 year olds should not be allowed to sit on a jury.

Deaf people should be allowed to sit on a jury. Deaf people should not be allowed to sit on a jury.


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Role TASK: Research the case of R v Twomey (2009). Summarise the facts of the case and why this case was heard without a jury:

Q. Under what other circumstances is the judge alone allowed to decide a case?


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Class Debate Depending on the size of the class, allocate each pair or individual one of the following arguments for

and against reform:

1. The judge should be allowed into the jury room during deliberations.

2. The jury room should remain secret.

3. The current jury system is essential and should be retained.

4. Juries should be abolished and cases decided by the judge alone.

5. Jury equity is essential and should be retained.

6. Juries should be forced to apply the law

Each pair/student should prepare their arguments (they may wish to produce a

poster outlining the main points of their argument).

Point 1 should then go up against point 2 in a debate lasting 5 minutes. The rest of

the class should then vote on a winner.

Repeat the process with point 3 verses point 4, and finally point 5 verses point.


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Evaluation using lay people in criminal cases

One advantage of using juries in criminal cases is:


However:

Another advantage of using juries in criminal cases is:


However:

One disadvantage of using juries in criminal cases is:


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However:

Another disadvantage of using juries in criminal cases is:


However:

TASK: Pick two of the suggested alternatives/reforms and note at least three of the advantages and disadvantages of each.


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Alternative/reform: Advantages Disadvantages

Alternative/reform: Advantages Disadvantages

Case List: This topic contains many cases that you can use in an exam question to explain a point you

are making, criticise the law or show juries in a good light. It might not be possible to

remember every case, so pick the main cases and the ones that can be used to make

important points about the jury system. Remember that the decision in a case is usually


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more important that the facts. You may wish to photocopy this page if you want to include

more cases. You could even enlarge the page to A3 and put it on the wall for revision.

Fill in the case list below with important details:

Case name: Facts: Decision & Comments:

Key Terms: Define the following terms. Use clear definitions and examples if appropriate. You may

also add more of your own:

JURIES ACT 1974


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CRIMINAL JUSTICE ACT 2003

CRIMINAL JUSTICE AND

COURTS ACT 2015

QUALIFICATIONS

DISQUALIFIED

DEFERRAL

EXCUSED

INELIGIBLE

INCAPACITY


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SUMMONS

VETTING

CHALLENGING

DELIBERATING

JURY TAMPERING

MAJORITY VERDICT

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