Law Key Words ELS🕰️(Lay People And Juries) Flashcards
Lay Magistrates
These are unpaid, part time judges who have no legal qualifications and hear cases in the Magistrates Courts.
Six Qualities
Candidates need to have the following six key qualities. Good character, understanding and communication, social awareness, maturity and sound temperament , sound judgement, commitment and reliability
Local advisory committees
Membership must be published. Committees should have a maximum of 12 members and these should include a mixture of magistrates and non magistrates.
Appointment
Local advisory committee recommend for appointment Appointment by Lord Chief Justice or anyone who the LCJ has delegated this power.
Role of Magistrates
Deal with all summary offences
Deal with triable either way offences
Deal with remand and bail
Transfer indictable cases to the Crown Court
Youth Court, Family Court, Appeals in the Crown Court
Jury
a body of people (typically twelve in number) sworn to give
a verdict in a legal case on the basis of evidence submitted to them Aged between 18 and 75 inclusive
Registered as a parliamentary or local government elector.
Only around 2% of cases use juries
Listen to the judge on points of Law
Are independent- Bushell’s case 1670
Jury disqualification for 10 years
At any time in the last ten years served a sentence of imprisonment Any time in the last ten years had a suspended sentence passed Any time in the last ten years had a community order passed.
Discretionary excusals
Serving as a juror is not possible, and there are no periods over the following 12 months when you would be able to attend court as a juror, you may apply for a discretionary excusal.
Mentally disordered
Under the Criminal Justice act 2003 people who suffer from mental illness are not allowed to do jury service.
Judges on Jury service
In June 2004 a judge was summoned to attend as a juror- Judges are allowed to serve on a jury.
Lack of capacity
A judge may discharge someone for lack of capacity to deal with the trial.
Vetting
Police checks-routine police checks are carried out on prospective jurors
Challenging
For the array- challenges the whole jury
For cause- challenges an individual right
Prosecution right to stand by -Juror will not be used unless not enough jurors