criminal courts and lay people

Question 1

how many jurors are there in a crown court case and what is their role

Answer 1

12 to decide the verdict of G or NG

Question 2

how many jurors are there in a high court case and what is their role

Answer 2

12 to decide liability if fined for the C decide amount of damage

Question 3

how many jurors are there in a county court case and what is their role

Answer 3

8 to decide liability if fined for the C decide amount of damage

Question 4

how many jurors are there in a coroners court case and what is their role

Answer 4

7-11 to decide cause of death

Question 5

list the qualifications of a juror

Answer 5

• on the electoral role
• between the ages of 18-75
• have been a resident in the country for 5 years

Question 6

under the juries act 1974 what are the 5 reasons someone may not be able to be a juror

Answer 6

• disqualified
• ineligible: mental disorder
• excusal
• deferral
• lack of capacity

Question 7

what are the 2 types of disqualification from being a juror explain them

Answer 7

permanently- life sentence of 5 yrs imprisonment

for 10 years-sentence to imprisonment, suspended sentence or community service any time in the last 10 years, on bail

Question 8

in what circumstances is one automatically ineligible:

Answer 8

receiving ongoing and regular treatment for the condition or are residing in a medical institution for treatment, don’t have mental capacity to make decisions of a juror under the mental capacity act 2005 or in guardianship under the mental health act 1983

Question 9

in what circumstances can an excusal be allowed

Answer 9

armed forces- fulltime serving member of the forces will be excused if certified by the commanding officer, previous right of excusal for doctors and other medical staff no longer exists but they can apply for discretionary excusal

Question 10

who can defer jury service

Answer 10

put off to a later date where there is good reason not to sit e.g. near due date in pregnancy, holiday booked that can’t be moved, exams, grievement

Question 11

since 2003 who can now sit on a jury

Answer 11

those who work in the justice system judges, police, CPS

Question 12

in large courts how many summons may be sent out each fortnight

Answer 12

150

Question 13

if someone is sent a summons how long do they have to respond

Answer 13

7 days

Question 14

if someone who is sent a summons doesn’t respond or attend how much will they be fined

Answer 14

£1000

Question 15

what checks are included in jury vetting

Answer 15

police checks and jurors background

Question 16

what is the purpose of police checks

Answer 16

to prevent those who are disqualified from serving

Question 17

when are juror’s backgrounds checked

Answer 17

in exceptional cases such as national security at risk or terrorist cases

Question 18

what can the prosecution challenge the jury on

Answer 18

for cause and standby

Question 19

what can the defence challenge the jury on

Answer 19

for cause

Question 20

who can challenge ‘to the array’

Answer 20

both prosecution and defence

Question 21

what was the valid reason for a juror not being able to stand in the case of R v Wilson

Answer 21

they were known/related to the defendant or witness

Question 22

in the case of R v Sprason why did a juror ask for a excusal

Answer 22

their husband was the prison officer where the defendant was held

Question 23

what reasons can jurors be discharged for misconduct during their course of the trial

Answer 23

• being dirty
• being in love
• listening to music

Question 24

what is the order of events for a jury

Answer 24

1. jury sworn in
2. trial
3. judge sums up
4. jury retire to jury room
5. elect a foreman
6. unanimous verdict or majority after 2 hours numbers must be announced

Question 25

explain the bushell’s case 1670

Answer 25

F: several jurors refused to convict Quaker activist of unlawful assembly. trial judge threatened to lock up jury without warmth, food or drink or tobacco until they chose the verdict he wanted
H: established sole judges of fact, right to give verdict according to conscience couldn’t be penalised for different view to judge or be pressured to give a verdict

Question 26

explain the case of mckenna

Answer 26

F: the judge at trial had threatened the jury that if they didn’t return a verdict within another 10 mins they would be locked up all night
H: can’t give jury a time limit

Question 27

explain R v Wang

Answer 27

F: judge directed jury in their decision
H: a judge may never direct a jury to find a guilty verdict

Question 28

explain what happened to Theodora Dallas for committing contempt of court

Answer 28

uni lecturer was jailed for 6 months for researching the GBH case and told other jurors the D had been in court previously for a rape charge

Question 29

what was joanne friall guilty of

Answer 29

contacting the defendant

Question 30

what was matthew Banks guilty of

Answer 30

not turning up to serve he lied and said he was ill when he went to a west end show received 14 days in young offenders institute

Question 31

explain the Twomey case

Answer 31

F: robbery was trialed with jury 3 times and case collapsed so judge decided he would reach a verdict without a jury
H: “evidence of a real and present danger that jury tampering would take place.. the likelihood that it would take place would be so substantial as to make it necessary in the interests of justice to be conducted without a jury”

Question 32

what does the criminal justice and courts act 2015

Answer 32

-4 new misconduct laws
-jurors conducting any research into details of a case
-sharing details of the research with other jurors
-disclosing details of juror deliberately and engaging in other prohibited conduct such as using evidence not put before the court to decide a case
these offences now face 2 years imprisonment as a maximum sentence

Question 33

what is the definition of an acquittal

Answer 33

formally certifies that the accused is free from charge of an offence

Question 34

what is the definition of verdict

Answer 34

guilty or not guilty

Question 35

what is an unanimous verdict

Answer 35

all in agreement

Question 36

what is a majority verdict

Answer 36

10/12

Question 37

what is a foreman

Answer 37

a member of the jury in a court of law whos chosen by other jurors to act as a spokesman for the jury

Question 38

what does s8 contempt of court act 1981 say

Answer 38

it is an offence for anyone to “obtain, disclose or solicit” any arguments, opinions or statements made by jurors in the course of deliberations

Question 39

explain the case of R v Owens

Answer 39

F: killer of child swore at the owen family he’d taunted them vandalised the child’s grave twice forcing the family to move their sons remains to another place of rest the father shot the perpetrator of these acts
H: jury’s decision can’t be challenged they decided Owens father wasnt guilty of murder.

Question 40

explain the case of R v Ponting

Answer 40

F: civil servant charged under 52 official secrets act 1911 leaked information about the sinking of a ship(general Belgrano) D claimed his actions were in the public interest
H: jury refused to convict him even though it was clear he had committed the offence and there was no defence

Question 41

how old must magistrate candidates be and what is the advice given to the advisory committees

Answer 41

18-70, no one under 27 or over 65 would normally be appointed

Question 42

what are some reasons for people being un eligible or disqualified from being magistrates

Answer 42

• criminal convictions
• undischarged bankrupts
• members of armed forces or MPS
• police officers or traffic wardens
• family members and working on same bench
• hearing impaired or infirmed

Question 43

what are the qualifications of a magistrate set out in the justices of the peace act 1979

Answer 43

• have to be between 18-65
• able to sit at least 26 and a half days a year
• must work or live within the local justice area

Question 44

what age was the youngest magistrate

Answer 44

19

Question 45

what are the six key qualities of a magistrate

Answer 45

• character
• communication
• commitment
• sound judgement
• social awareness
• sound temperament

Question 46

what happens on the advisory committees

Answer 46

• they decide how many new magistrates are needed every year
• 1/3 must be non magistrates
• anyones name can be put forward
• to meet diversity, adverts placed in places such as local press.

Question 47

what have magistrates been Critised for being

Answer 47

middle aged, middle class, middle minded

Question 48

what reasons can magistrates be removed

Answer 48

-due to age, infirmary or through neglect, misbehaviour, or conduct not coming of a magistrate that usually involves a commission of a fairly serious criminal offence e.g. convicted of drink/drug driving and expected to resign now disqualified during driving disqualification.

Question 49

what 3 types of work do magistrates carry out

Answer 49

criminal works, criminal procedures and civil works

Question 50

what is involved in criminal work

Answer 50

• 97% of all criminal offences
• summary and either way offences
• examine facts, reach verdict and decide sentence
• max sentence- 6 months imprisonment for single offence, up to 12 if more than one offence
• since march 2015 the fines in a magistrates court will be unlimited in most cases (2014 70% of all offenders received a fine)
• specialised youth courts for young offenders

Question 51

what is involved in criminal procedure

Answer 51

-early adminstrative hearings: D read out charge by clerk and asked plea, bail and legal aid issues are discussed
-Guilty: summary and either way- magistrates hear evidence of mitigating and aggravating factors and either adjourn the cases for reports e.g. probation officer or witness impact statement or sentence straight away if either are too serious they’ll send to crown for sentencing
-indictable, magistrates will note D plea and formally send case to crown for sentencing NG- magistrates will decide whether issues of bail/reports/legal aid funding needs to be resolved before trial commences.
other duties include warrants, bail applications, transfer proceedings, non-police prosecutions.