Chapter 12- Lay personnel, Jury, Lay mag. Flashcards
what are Lay Magistrates
These are a group of locals that come from a wide range of careers and experiences
What type of civil cases do magistrates hear
-Family proceedings
-open court cases
Describe the Family Proceedings Courts
-Private
-Informal
-lay magistrates appointed should be experienced
-a fair amount of reading
What are the roles of magistrates in summary/ triable either way offences
-They can decide on a sentence with a maximum of 6 months
-they can decide on a fine
-hear on evidence
-will decide on a plea
what is the main role of a magistrate clerk
they guide the lay mag. on a point of law, practice or procedure
mention 4 qualities that lay mag. should acquire
-Good character
-understanding
-social awareness
- sound judgement
What other qualifications are needed to become a lay mag.
> Ages between 18-65 years
>Must be working locally
>must give time to a 26 half day period for trials
>No criminal record/background
How do the local advisory committees reach a wide range of potential candidates
-Newspapers
-advertisement
-on community noticeboards
-radio
What are the 2 stage interviews about
1st- question the individuals personal attributes, the 6 qualifications, the persons view on justices and crime
2nd-Aimed at testing the persons judicial aptitude by talking about cases and sentences
Who shall appoint the new magistrates from this list
-The Senior Presiding Judge
Who is the training of lay mag. supervised by
The Magisterial committee of the judicial college.
During training, new magistrates must;
-Attend introductory clases
-attend training on key skills, knowledge and understanding
-attend court and observe experienced magistrates
-visit prison or probation offices
Each new magistrate is assigned to a____________ who assists them
A mentor
What does Appraisal aim to do
It involves practical training and checks whether trained magistrates have the skills and qualities needed.
what are the 4 advantages of Lay magistrates
+They are more representative than professional judges
+should have some knowledge of the local area and its problems and patterns of crime
+cheaper
+few appeals are made against conviction
What are the 3 disadvantages of lay magistrates
-majority are aged over 50 and have a similar profession
-despite there being training, there could be some inconsistencies between benches on sentencing
-Possible bias in favour of police and prosecution
What is the definition of a jury
A body of people sworn in to give a verdict on the basis of evidence submitted to them
What are the qualifications needed to become a jury and state the Act
The Juries Act (1974):
-Aged between 18-75
-Registered as a voter for local government or parliament
-Ordinarily resident in the UK
-should not be mentally disordered
What are the disqualification for a jury
- detention for public protection
- a term of detention for more than 5 years
- an extended sentence
What are the 3 conditions for a judge to follow when becoming a juror
> should not disclose their judicial office
>should report that they know the presiding judge or other persons in the case if it will interfere
>they should avoid correcting guidelines
State how a jurors are found
-An official from the crown court will arrange for names to be selected at random. This is through a computer selection.
-More than 12 jurors will be summoned since there are 2 courts and some may get disqualified
What is Vetting
This involves checking whether the potential jurors are suitable or not
What are the 2 types of vetting
-DBS(Disclosure and Barring service)
-Authorised Jury Checks
when should vetting be done
-National security cases
-can only be carried out from the Attorney General’s express permission
