9084 · 1.2.3
Criminal courts and criminal process — FAQ
Frequently asked questions for 9084 Criminal courts and criminal process. Direct answers first, then deeper explanation — then practise with marking.
Do magistrates need legal qualifications to decide cases?
No, lay magistrates are not required to have legal qualifications. They are volunteers from the community who bring a range of life experience. However, they are always accompanied in court by a legally qualified clerk (or legal adviser) who advises them on matters of law, procedure, and sentencing options to ensure decisions are legally sound. This is different from District Judges, who are legally qualified, paid, full-time judges sitting in the same court.
Can a defendant always choose to be tried in the Crown Court?
No, this choice only exists for triable either way offences, and only if the magistrates accept jurisdiction first. For these offences, the magistrates first decide if the case is suitable for their court. If they decide it is too complex or requires greater sentencing power, they will send it to the Crown Court without the defendant having a choice. Only if the magistrates accept jurisdiction does the defendant then get the right to choose between being tried by the magistrates or electing for a trial by jury at the Crown Court.
Is the jury's decision in the Crown Court final?
The jury's verdict on the facts is generally final at the trial stage. However, a defendant can appeal to the Court of Appeal if they believe their conviction is 'unsafe'. This could be due to a misdirection on law by the trial judge, improperly admitted evidence, or the discovery of new, credible evidence. The Court of Appeal does not retry the case but reviews the original trial for legal errors or procedural unfairness that might have rendered the verdict unsafe.