Criminal Courts and Lay People (BLUE BOOKLETS)

Question 1

What age is someone who is considered eligible to sit on a jury?

Answer 1

Between 18 and 75

Question 2

How long must someone have lived in the UK in order to sit on a jury?

Answer 2

5 consecutive years since their 13th birthday

Question 3

Where must someone’s name be in order to sit on a jury?

Answer 3

On the electoral register

Question 4

Who will be permanent disqualified from jury service?

Answer 4

Anyone sentenced to 5 or more years in prison

Question 5

Who will be temporarily disqualified for 10 years from jury service?

Answer 5

Anyone sentenced to less than 5 years in prison or on bail

Question 6

Which section of which act outlines discretionary deferral from jury service?

Answer 6

S9 Juries Act 1974

Question 7

Why might someone defer from jury service?

Answer 7

Exams/Work Commitments/Pre-booked holidays

Question 8

Who is considered ineligible for jury service?

Answer 8

Any person suffering a mental illness under the mental health act 1978

Question 9

Which section of which act outlines why someone might be excused from jury service?

Answer 9

S9 Juries Act 1974

Question 10

Why might someone be excused from jury service?

Answer 10

Long term illness/Disability/Full time member of the forces

Question 11

How many people will be selected from the electoral register to make up the jury?

Answer 11

15

Question 12

What will be sent to the chosen 15 people from the electoral register?

Answer 12

Summons

Question 13

Jury members are vetted for suitability, name the two types of checks

Answer 13

Police and wider background checks

Question 14

What is the purpose of police checks?

Answer 14

To check for anyone who may be disqualified

Question 15

What is the purpose of wider background checks?

Answer 15

To check for extremist views or affiliation with any terrorist groups

Question 16

On the day, how many people will be chosen by the court clerk to sit on the jury?

Answer 16

12

Question 17

The defence or prosecution has a right to _____? (Juries)

Answer 17

Challenge

Question 18

What is a challenge to the array?

Answer 18

A challenge to the entire jury for being unrepresentative

Question 19

What is a case example of a challenge to the array?

Answer 19

R v Fraser

Question 20

What is a challenge for cause?

Answer 20

A challenge to an individual who may be disqualified or know someone in the case

Question 21

Give a case example for a challenge for cause

Answer 21

R v Wilson and Sprason

Question 22

By what two methods can a juror be sworn in?

Answer 22

Oath or affirmation

Question 23

What does a juror promise in their oath or affirmation?

Answer 23

To try the case based purely on the evidence presented in court

Question 24

What type of offences will be heard by the jury?

Answer 24

Indictable or triable either way

Question 25

The jury must try the case purely based on what and where is this promised?

Answer 25

The presented evidence, promised in oath/affirmation

Question 26

What principle came out of Bushell's case

Answer 26

That nothing should influence the jury and that they do not need to give reasons for their decision

Question 27

What must the jury listen to from the judge?

Answer 27

A summary of case, point of law guidance, the burden and standard of proof

Question 28

If there is not enough evidence for conviction what might the judge do?

Answer 28

Direct the jury to acquit D in a 'directed acquittal'

Question 29

The jury's decision must be kept secret as outlined in what Act?

Answer 29

Contempt of court act

Question 30

In what cases did a jury member go against the contempt of court act and contact D/research the case?

Answer 30

R v Fraill | Dallas

Question 31

At the end of the trial, who must the jury elect?

Answer 31

A foreperson

Question 32

What is the role of the foreperson? (In accordance with the Juries Act 1974)

Answer 32

Control debate in the jury room and publicly announce the verdict in court, detailing the number of jurors agreeing/disagreeing

Question 33

What is the jury's main job?

Answer 33

To reach a verdict of 'guilty' or 'not guilty'

Question 34

What type of verdict will the judge direct from the jury?

Answer 34

A unanimous one (12-0)

Question 35

What type of verdict can be accepted in accordance with the Criminal Justice Act 1967?

Answer 35

A majority (10-2)

Question 36

What is a 'hung jury'?

Answer 36

When less than 9 jurors agree on a verdict

Question 37

What will happen in the case of a hung jury?

Answer 37

D will face a retrial with a new jury

Question 38

What are the 3 types of offence?

Answer 38

Summary, triable either way, indictable

Question 39

Give an example of a summary offence

Answer 39

Assault

Question 40

Give an example of a triable either way offence

Answer 40

ABH

Question 41

Give an example of an indictable offence

Answer 41

Murder

Question 42

Where are summary offences heard ?

Answer 42

Magistrates court

Question 43

Where are triable either way offences heard?

Answer 43

Mag (Guilty plea), Mag/Crown (Not guilty plea)

Question 44

Where are indictable offences heard?

Answer 44

Crown court

Question 45

A defendant who's case is heard in the magistrates court has an automatic right to what?

Answer 45

Appeal against conviction and sentence

Question 46

Where will a conviction from the magistrates court be heard and who will hear this appeal?

Answer 46

Crown court in front of 1 judge and 2 magistrates

Question 47

When a defendant is convicted in the Crown Court, what must they be granted in order to appeal and who is this granted by?

Answer 47

They must be granted leave to appeal by the court of appeal

Question 48

Where will appeals from the crown court be heard and who by?

Answer 48

Court of appeal by 3 judges

Question 49

If a defendant is appealing against their conviction what 3 things can the appeal court do?

Answer 49

Uphold it, Quash and order a retrial, or vary it (murder to manslaughter)

Question 50

Give a case example of a successful appeal against conviction

Answer 50

R v George (finally acquitted for the murder of Jill Dando)

Question 51

What 2 things can the court of appeal do for a defendant who's appealing against their sentence?

Answer 51

Uphold it or decrease it

Question 52

What can't the appeal court do in terms of an appeal against sentence?

Answer 52

Increase it

Question 53

Give a case example of a successful appeal against sentence

Answer 53

R v Herbert (reduced by 9 months for guilty plea)

Question 54

Who can bring a case stated appeal to court?

Answer 54

The defence or the prosecution

Question 55

When will a case stated appeal be brought to court?

Answer 55

When either side think a point of law has been misunderstood, misinterpreted or misapplied

Question 56

Who hears case stated appeals?

Answer 56

Queens bench divisional court

Question 57

Under what act can the prosecution make an appeal make an appeal against a ruling which stops the case?

Answer 57

Criminal justice act 2003

Question 58

What 2 reasons can the prosecution appeal against an acquittal for?

Answer 58

Jury nobbling and new and compelling evidence

Question 59

What is jury nobbling?

Answer 59

When the jury has been bribed or threatened

Question 60

Give a case example where new and compelling evidence came to light, meaning that D was convicted

Answer 60

R v Dunlop (D confessed)

Question 61

Give a case example where the prosecution appealed against an unduly leniant sentence

Answer 61

R v Yates (From 7 to 9 years)

Question 62

What type of person must someone be in order to be a magistrate and what does this mean?

Answer 62

Lay person - not legally qualified

Question 63

At what age does someone qualify to be a magistrate

Answer 63

18-65

Question 64

What requirement is there in terms of location for a lay magistrate?

Answer 64

They must live/work near the court in which they serve

Question 65

How many days must a magistrate be able to commit to?

Answer 65

26 half days per year

Question 66

What are the 6 key qualities of a lay magistrate?

Answer 66

Good character, Understanding and communication, Social awareness, maturity and sound temperament, sound judgement, commitment and reliability

Question 67

Give 4 examples of people who are excluded from being lay magistrates

Answer 67

Criminals, bankrupt, armed forces and police

Question 68

Who organises magistrate training?

Answer 68

Judicial College

Question 69

Where is the training for magistrates set out?

Answer 69

Magistrates' new training initiative (MNTI1) which was refined in 2004 by MNTI2

Question 70

What is the purpose of introductory training?

Answer 70

To learn the organisation of bench and court and personnel

Question 71

What is the purpose of core training?

Answer 71

Understanding, key skills and knowledge

Question 72

What activities will magistrates undertake during training?

Answer 72

Observations and prison visits

Question 73

What will new magistrates sit as?

Answer 73

'Wingers'

Question 74

How many mentored sessions will a new magistrate have to attend and who are they mentored by?

Answer 74

8-11 by an experienced magistrate

Question 75

How many additional training sessions will new magistrates have to attend after the mentored training?

Answer 75

7

Question 76

For what courts/roles does a magistrate need additional training for?

Answer 76

Youth court, family court or to become a chairperson

Question 77

When will a magistrate receive update training?

Answer 77

When the law changes e.g. Human Rights act

Question 78

How does someone apply to be a magistrate?

Answer 78

By post or online

Question 79

Who creates the shortlist for magistrates and checks their references?

Answer 79

Local advisory committee

Question 80

What is the purpose of the interviewing process for a magistrate?

Answer 80

To demonstrate 6 qualities, undertake practice scenarios and sentencing activities

Question 81

What is the purpose of reviewing the short list?

Answer 81

To ensure a balanced bench

Question 82

Who appoints magistrates?

Answer 82

Lord Chancellor

Question 83

How is the role of magistrates categorised?

Answer 83

Into 3 categories: 1) Pre trial, 2) During trial and 3) Post trial

Question 84

What 3 applications will magistrates consider pre trial?

Answer 84

For bail, remands in custody and extensions of questioning time

Question 85

What 3 things can a magistrate issue pre trial?

Answer 85

Search and arrest warrants and summons to attend court

Question 86

What will magistrates refer to the crown court pre trial?

Answer 86

Indictable offences

Question 87

What offences will a magistrate hear during trial?

Answer 87

Summary and triable either way offences

Question 88

What must the magistrate listen to during trial?

Answer 88

Evidence

Question 89

Who should magistrates take legal advice from?

Answer 89

Court Clerk

Question 90

What must magistrates do without the aid of the court clerk and what is the case example for this?

Answer 90

Reach a verdict (R v Eccles)

Question 91

If D is found guilty what must the magistrates do?

Answer 91

Sentence D to either a maximum of 6 months imprisonment or an unlimited fine

Question 92

If the sentencing powers of the magistrates are insufficient for a certain defendant then what must the magistrates do?

Answer 92

Refer D to Crown Court for sentencing

Question 93

What will magistrates hear in the crown court alongside a judge?

Answer 93

Appeals against conviction or sentence