Acts

Question 1

s28(3) Justices of the Peace Act 1979

Answer 1

The Clerk’s duty is to guide the magistrates on questions of law, practice and procedure.

Question 2

s142 Criminal Justice Act 2003

Answer 2

Purposes of sentencing for those aged 18 and over.

Question 3

s152 Criminal Justice Act 2003

Answer 3

States that a court must not pass a custodial sentence unless it is of the opinion that the offence(s) was so serious that neither a fine nor community sentence can be justified.

Question 4

The Legal Aid,Sentencing and Punishment of Offenders Act 2012 (LAPSO 2012)

Answer 4

Section 224 A states that a Judge can impose a mandatory life sentence for a second violent or sexual crime.

Question 5

s 177 Criminal Justice Act 2003

Answer 5

Lists all requirements that can be added to a community order

Question 6

s19 Magistrates Court Act 1980

Answer 6

(Referring to accepting jurisdiction)

• Nature and seriousness of the crime
• Their own sentencing powers
• Any representations from the prosecution or defence

Question 7

s17(3) Juries Act 1974

Answer 7

If the jury convict with a majority verdict, the foreman must state how many agreed/disagreed with the verdict in the open court

Question 8

Juries Act 1974 (as amended by the CJA 2003)

Answer 8

States that for a person to be eligible as jury member they must be aged between 18-75, registered upon the electoral role and to have lived in the UK for 5 years since their 13the birthday

Question 9

Criminal Justice Act 2003 (regarding mental illness in jurors)

Answer 9

A person is not eligible to serve as a juror if they suffer from mental illness, psychiatric disorder, mental handicap or server mental handicap who is in hospital or regularly attending a doctor for treatment or a person who is under guardianship under s7 Mental Health Act 1983.

Question 10

s9B(2) Juries Act 1974 (as amended by the Criminal Justice and Public Oder Act 1994)

Answer 10

States that just having a disability itself doesn’t prevent someone from serving as a juror.

Question 11

The Juries Act 1974

Answer 11

Allows an official such as a judge or the summoning officer can excuse a person from jury service, this will mean that their jury service will be deferred for up to 12 months.

Question 12

Criminal Justice Act (regarding lawyers and police as jurors)

Answer 12

Abolished the rule that lawyers and police cannot be jurors due to conflict of interest.

Question 13

The Access to Justice Act 1999 s36

Answer 13

Gives all Solicitors the automatic right to get full rights of audience