Criminal Courts and Lay People (BLUE BOOKLETS) Flashcards
What age is someone who is considered eligible to sit on a jury?
Between 18 and 75
How long must someone have lived in the UK in order to sit on a jury?
5 consecutive years since their 13th birthday
Where must someone’s name be in order to sit on a jury?
On the electoral register
Who will be permanent disqualified from jury service?
Anyone sentenced to 5 or more years in prison
Who will be temporarily disqualified for 10 years from jury service?
Anyone sentenced to less than 5 years in prison or on bail
Which section of which act outlines discretionary deferral from jury service?
S9 Juries Act 1974
Why might someone defer from jury service?
Exams/Work Commitments/Pre-booked holidays
Who is considered ineligible for jury service?
Any person suffering a mental illness under the mental health act 1978
Which section of which act outlines why someone might be excused from jury service?
S9 Juries Act 1974
Why might someone be excused from jury service?
Long term illness/Disability/Full time member of the forces
How many people will be selected from the electoral register to make up the jury?
15
What will be sent to the chosen 15 people from the electoral register?
Summons
Jury members are vetted for suitability, name the two types of checks
Police and wider background checks
What is the purpose of police checks?
To check for anyone who may be disqualified
What is the purpose of wider background checks?
To check for extremist views or affiliation with any terrorist groups
On the day, how many people will be chosen by the court clerk to sit on the jury?
12
The defence or prosecution has a right to _____? (Juries)
Challenge
What is a challenge to the array?
A challenge to the entire jury for being unrepresentative
What is a case example of a challenge to the array?
R v Fraser
What is a challenge for cause?
A challenge to an individual who may be disqualified or know someone in the case
Give a case example for a challenge for cause
R v Wilson and Sprason
By what two methods can a juror be sworn in?
Oath or affirmation
What does a juror promise in their oath or affirmation?
To try the case based purely on the evidence presented in court
What type of offences will be heard by the jury?
Indictable or triable either way
The jury must try the case purely based on what and where is this promised?
The presented evidence, promised in oath/affirmation
What principle came out of Bushell’s case
That nothing should influence the jury and that they do not need to give reasons for their decision
What must the jury listen to from the judge?
A summary of case, point of law guidance, the burden and standard of proof
If there is not enough evidence for conviction what might the judge do?
Direct the jury to acquit D in a ‘directed acquittal’
The jury’s decision must be kept secret as outlined in what Act?
Contempt of court act
In what cases did a jury member go against the contempt of court act and contact D/research the case?
R v Fraill
Dallas
At the end of the trial, who must the jury elect?
A foreperson
What is the role of the foreperson? (In accordance with the Juries Act 1974)
Control debate in the jury room and publicly announce the verdict in court, detailing the number of jurors agreeing/disagreeing
What is the jury’s main job?
To reach a verdict of ‘guilty’ or ‘not guilty’
What type of verdict will the judge direct from the jury?
A unanimous one (12-0)
What type of verdict can be accepted in accordance with the Criminal Justice Act 1967?
A majority (10-2)
What is a ‘hung jury’?
When less than 9 jurors agree on a verdict
What will happen in the case of a hung jury?
D will face a retrial with a new jury
What are the 3 types of offence?
Summary, triable either way, indictable
Give an example of a summary offence
Assault
Give an example of a triable either way offence
ABH
Give an example of an indictable offence
Murder
Where are summary offences heard ?
Magistrates court
Where are triable either way offences heard?
Mag (Guilty plea), Mag/Crown (Not guilty plea)
Where are indictable offences heard?
Crown court
A defendant who’s case is heard in the magistrates court has an automatic right to what?
Appeal against conviction and sentence
Where will a conviction from the magistrates court be heard and who will hear this appeal?
Crown court in front of 1 judge and 2 magistrates
When a defendant is convicted in the Crown Court, what must they be granted in order to appeal and who is this granted by?
They must be granted leave to appeal by the court of appeal
Where will appeals from the crown court be heard and who by?
Court of appeal by 3 judges
If a defendant is appealing against their conviction what 3 things can the appeal court do?
Uphold it, Quash and order a retrial, or vary it (murder to manslaughter)
Give a case example of a successful appeal against conviction
R v George (finally acquitted for the murder of Jill Dando)
What 2 things can the court of appeal do for a defendant who’s appealing against their sentence?
Uphold it or decrease it
What can’t the appeal court do in terms of an appeal against sentence?
Increase it
Give a case example of a successful appeal against sentence
R v Herbert (reduced by 9 months for guilty plea)
Who can bring a case stated appeal to court?
The defence or the prosecution
When will a case stated appeal be brought to court?
When either side think a point of law has been misunderstood, misinterpreted or misapplied
Who hears case stated appeals?
Queens bench divisional court
Under what act can the prosecution make an appeal make an appeal against a ruling which stops the case?
Criminal justice act 2003
What 2 reasons can the prosecution appeal against an acquittal for?
Jury nobbling and new and compelling evidence
What is jury nobbling?
When the jury has been bribed or threatened
Give a case example where new and compelling evidence came to light, meaning that D was convicted
R v Dunlop (D confessed)
Give a case example where the prosecution appealed against an unduly leniant sentence
R v Yates (From 7 to 9 years)
What type of person must someone be in order to be a magistrate and what does this mean?
Lay person - not legally qualified
At what age does someone qualify to be a magistrate
18-65
What requirement is there in terms of location for a lay magistrate?
They must live/work near the court in which they serve
How many days must a magistrate be able to commit to?
26 half days per year
What are the 6 key qualities of a lay magistrate?
Good character, Understanding and communication, Social awareness, maturity and sound temperament, sound judgement, commitment and reliability
Give 4 examples of people who are excluded from being lay magistrates
Criminals, bankrupt, armed forces and police
Who organises magistrate training?
Judicial College
Where is the training for magistrates set out?
Magistrates’ new training initiative (MNTI1) which was refined in 2004 by MNTI2
What is the purpose of introductory training?
To learn the organisation of bench and court and personnel
What is the purpose of core training?
Understanding, key skills and knowledge
What activities will magistrates undertake during training?
Observations and prison visits
What will new magistrates sit as?
‘Wingers’
How many mentored sessions will a new magistrate have to attend and who are they mentored by?
8-11 by an experienced magistrate
How many additional training sessions will new magistrates have to attend after the mentored training?
7
For what courts/roles does a magistrate need additional training for?
Youth court, family court or to become a chairperson
When will a magistrate receive update training?
When the law changes e.g. Human Rights act
How does someone apply to be a magistrate?
By post or online
Who creates the shortlist for magistrates and checks their references?
Local advisory committee
What is the purpose of the interviewing process for a magistrate?
To demonstrate 6 qualities, undertake practice scenarios and sentencing activities
What is the purpose of reviewing the short list?
To ensure a balanced bench
Who appoints magistrates?
Lord Chancellor
How is the role of magistrates categorised?
Into 3 categories: 1) Pre trial, 2) During trial and 3) Post trial
What 3 applications will magistrates consider pre trial?
For bail, remands in custody and extensions of questioning time
What 3 things can a magistrate issue pre trial?
Search and arrest warrants and summons to attend court
What will magistrates refer to the crown court pre trial?
Indictable offences
What offences will a magistrate hear during trial?
Summary and triable either way offences
What must the magistrate listen to during trial?
Evidence
Who should magistrates take legal advice from?
Court Clerk
What must magistrates do without the aid of the court clerk and what is the case example for this?
Reach a verdict (R v Eccles)
If D is found guilty what must the magistrates do?
Sentence D to either a maximum of 6 months imprisonment or an unlimited fine
If the sentencing powers of the magistrates are insufficient for a certain defendant then what must the magistrates do?
Refer D to Crown Court for sentencing
What will magistrates hear in the crown court alongside a judge?
Appeals against conviction or sentence
