Lay personnel — common mistakes

When evaluating magistrates, consider both their strengths (cost-effective, local knowledge, public participation) and weaknesses (inconsistent sentencing, potential for bias, reliance on the legal adviser). Use these points to build a balanced argument in essay questions, citing statistics and reports like the Auld Review.

This is a common misconception. While they are volunteers, magistrates wield significant judicial power. They handle over 95% of criminal cases, can imprison offenders for up to 12 months, and impose unlimited fines. Their decisions on bail, sentencing, and guilt have a profound impact on defendants and the community. Their workload is immense, making them a cornerstone of the justice system, not just symbolic figures.

No. Jury service is a public duty, and a summons is a legal requirement. Refusing to attend without a valid reason or not being officially excused can lead to a fine. While you can apply for a discretionary excusal for serious reasons (e.g., illness, a pre-booked operation), simply not wanting to do it is not a valid excuse. The system relies on the mandatory participation of a random cross-section of the public.

No, and in fact, they are forbidden from doing so. The principle of jury secrecy is a fundamental aspect of the English legal system, protected by the Contempt of Court Act 1981. This law makes it a criminal offence to obtain, disclose, or solicit any details of the jury's deliberations. The verdict is delivered as a simple 'guilty' or 'not guilty' without any accompanying reasons. This is intended to allow for frank discussion and protect jurors from outside pressure or recrimination.

The trial can usually continue as long as the number of jurors does not fall below nine. The judge has the discretion to discharge the sick juror and allow the remaining jurors to reach a verdict. This provision in the Juries Act 1974 prevents long and expensive trials from having to be abandoned completely due to the loss of one or two jurors.