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
Describe the to array challenge
> This challenge occurs when the jurors sitting are unrepresentative and biased.
Give an example case of the array challenge
-R v Ford
all the jurors were white however the defendant was not.
Describe the to cause challenge
-this is when an individual juror should not be selected as a jury, this could be due to them being related or knowing the defendant
what is the prosecution right to stand by Jurors
This is when the prosecution have the right to place juror at the end of the list of sitting as a juror. A reason does not have to be given.
What is the role of a jury in criminal cases
-Go to the jury room where they will elect a foreperson
-Discuss In private
- Decide on the verdict, guilty or not guilty
What is the majority verdict proportion
10-2 OR 11-1
List down the alternatives of the use of a jury
-Trial by a single judge
-Trial by a panel of judges
-A judge sitting with lay assessors
-mini jury
what are the weakness of being tried by a single judge
-They may be prosecution minded
-have little understanding of the defendants background
-individual prejudices may interfere
what are the weaknesses of being tried by a panel of judges
-Prosecution minded
-elite background
-expensive
what takes place in cases where a judge sits with lay assessors
-There are 2 lay people and a judge to make the decision
-The lay assessors are selected from the general population which provides less bias and legal expertise from the judge
State the 5 advantages of using a jury
> Its democratic
>fair
>not case hardened/ not prosecution minded
>representative
>cheaper
State the disadvantages of using a jury
> Lack of reasoning in some cases
>secret discussions may take place
>Some jurors may have a bias
>there may be media influence for a popular case
>selections based on whether they can vote is unrepresentative
> Problems with Jury equity
Role of Jury in civil cases
-Go to the jury room where they will elect a foreperson
-Discuss In private
- Decide on liability
- Decide the scale on awarded damages
Outline the civil cases heard by a jury
- Fraud
- False imprisonment
- Defamation
- Malicious prosecution
- Personal injuries
