KEEPING SECRETS ON THE BENCH

From my years as a magistrate I think I can safely say that many if not most criminal defence lawyers would like to see the end of the lay bench i.e. they consider that with a single government employee District Judge (Magistrates Court) their client would have a greater chance of acquittal than before a panel of three Justices of the Peace.  As far as I know acquittal rates at magistrates courts are not divided into those before the DJ or lay bench. The relevant numbers are available below.  

As noted above convictions at trial are few in number owing to the vast number of guilty pleas. What is rarely ever commented upon is that there is no requirement for a three person bench to agree a verdict; a majority 2:1 is acceptable but no such statement is allowed to be made public when the verdict is pronounced in open court.  Of course for those acquitted knowledge of majority or unanimous decision is irrelevant; they are free to go but for the convicted offender it is a different matter especially if, as increasingly is the case,  they are without legal representation. It was my personal practice in such cases to tell such an individual of his/her right of appeal to crown court and that the appropriate form was available in the court public office.  Very very rarely if at all when sitting as a winger did I witness any colleague doing likewise.  I can add that this procedure was never addressed at any training session.  This is an anomaly I feel strongly should be addressed.  Whether it is just a historical tradition lost in time or is a continuation of a long standing directive from a distant Lord Chancellor I know not.  I do know, however, that surely it is justifiable for a defendant to know under what conditions guilt or innocence would be established.