criminal courts and lay people Flashcards
how many jurors are there in a crown court case and what is their role
12 to decide the verdict of G or NG
how many jurors are there in a high court case and what is their role
12 to decide liability if fined for the C decide amount of damage
how many jurors are there in a county court case and what is their role
8 to decide liability if fined for the C decide amount of damage
how many jurors are there in a coroners court case and what is their role
7-11 to decide cause of death
list the qualifications of a juror
- on the electoral role
- between the ages of 18-75
- have been a resident in the country for 5 years
under the juries act 1974 what are the 5 reasons someone may not be able to be a juror
- disqualified
- ineligible: mental disorder
- excusal
- deferral
- lack of capacity
what are the 2 types of disqualification from being a juror explain them
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
in what circumstances is one automatically ineligible:
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
in what circumstances can an excusal be allowed
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
who can defer jury service
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
since 2003 who can now sit on a jury
those who work in the justice system judges, police, CPS
in large courts how many summons may be sent out each fortnight
150
if someone is sent a summons how long do they have to respond
7 days
if someone who is sent a summons doesn’t respond or attend how much will they be fined
£1000
what checks are included in jury vetting
police checks and jurors background
what is the purpose of police checks
to prevent those who are disqualified from serving
when are juror’s backgrounds checked
in exceptional cases such as national security at risk or terrorist cases
what can the prosecution challenge the jury on
for cause and standby
what can the defence challenge the jury on
for cause
who can challenge ‘to the array’
both prosecution and defence
what was the valid reason for a juror not being able to stand in the case of R v Wilson
they were known/related to the defendant or witness
in the case of R v Sprason why did a juror ask for a excusal
their husband was the prison officer where the defendant was held
what reasons can jurors be discharged for misconduct during their course of the trial
- being dirty
- being in love
- listening to music
what is the order of events for a jury
- jury sworn in
- trial
- judge sums up
- jury retire to jury room
- elect a foreman
- unanimous verdict or majority after 2 hours numbers must be announced
explain the bushell’s case 1670
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
explain the case of mckenna
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
explain R v Wang
F: judge directed jury in their decision
H: a judge may never direct a jury to find a guilty verdict
explain what happened to Theodora Dallas for committing contempt of court
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
what was joanne friall guilty of
contacting the defendant
what was matthew Banks guilty of
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
explain the Twomey case
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”
what does the criminal justice and courts act 2015
-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
what is the definition of an acquittal
formally certifies that the accused is free from charge of an offence
what is the definition of verdict
guilty or not guilty
what is an unanimous verdict
all in agreement
what is a majority verdict
10/12
what is a foreman
a member of the jury in a court of law whos chosen by other jurors to act as a spokesman for the jury
what does s8 contempt of court act 1981 say
it is an offence for anyone to “obtain, disclose or solicit” any arguments, opinions or statements made by jurors in the course of deliberations
explain the case of R v Owens
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.
explain the case of R v Ponting
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
how old must magistrate candidates be and what is the advice given to the advisory committees
18-70, no one under 27 or over 65 would normally be appointed
what are some reasons for people being un eligible or disqualified from being magistrates
- 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
what are the qualifications of a magistrate set out in the justices of the peace act 1979
- 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
what age was the youngest magistrate
19
what are the six key qualities of a magistrate
- character
- communication
- commitment
- sound judgement
- social awareness
- sound temperament
what happens on the advisory committees
- 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.
what have magistrates been Critised for being
middle aged, middle class, middle minded
what reasons can magistrates be removed
-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.
what 3 types of work do magistrates carry out
criminal works, criminal procedures and civil works
what is involved in criminal work
- 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
what is involved in criminal procedure
-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.
