Law Sec. A, Lay People Flashcards
Magistrates Contexts
Sit at least 26 half days a year
Min. age 18
Max. age 70
Min. 5 years as a magistrate
Usually 3 on a bench
Locals
Apply online and have two interviews to asses 6 key qualities
Senior presiding judge has the final say
Six Key Qualities of a Magistrate
Good character
Understanding and communication
Social awareness
Maturity and sound temperament
Sound judgement
Commitment and reliability
Role of Magistrates
Source of rules in Justice of the Peace Act 1997 and Courts Act 2003
94% of criminal cases (summary)
Can hear either way offences
Completes paperwork for D’s
Can issue arrest warrants
POWERS:
Decides bail
Decides innocence
Decides sentence
DISQUALIFICATIONS:
Criminal record
Police members/civil enforcement (bias)
Solicitor/barrister
Relatives work in CJS
Bankrupts
Jurors contexts
Source: Juries Act 1974 as amended by Criminal Justice Act 2003)
Aged 18-75 (can refuse at 70)
Must be registered to vote
Must have lived in the country from minimum of 5yrs
12 people randomly selected10 days jury duty
Disqualifications of Jurors
Permanent:
People sentenced to life
Those who have had 5yrs+ imprisonment
Temporarily:
5> yrs imprisonment in last 10yrs
Those given community order in last 10yrs
Anyone on bail
The mentally ill:
Must have reg doctor visits
Or
In hospital suffering from MI
To get out of jury duty
Discretionary deferral:
Pre booked holiday
Illness
Exams
Lack of capacity:
Certain disabilities
Unable to understand English
Possible mental triggers
Excusal as of right:
Army, navy officers
70-75 can be excused
If you have completed JD in past two years
Pregnancy
Exams
Family events
Discretionary excusal:
Usually refused unless seriously ill
Selection Procedure of Juries
Crown court decides no. jurors
Central Summoning Bureau (random selection)
Summonses sent out
Jurors may be vetted (terrorism/national security cases)
Jurors attend court
15 called in, 12 picked at random
Juror can be discharged at any time
Role of Jurors
Give unanimous verdict in 2hrs 10mins
Majority verdict is acceptable
No majority is a hung jury
12 jurors elect a foreperson who announces decision
Ads of Jurors
Can use morals/empathy (Kronlid, Owen)
Secrecy removes pressure (Criminal Justice and Courts Act 2015, illegal to disclose)
Public confidence (the Kano that shows that freedom lives - lord devlin)
Representative
Disads of Jurors
Not always representative (exclusion and bias)
Perverse decisions (Kronlid, Owen)
Can be nobbled (Brinks Mat)
Use of social media (Dallas, Fraill)
Long trials (Rayment)
Secrecy cannot determine if jury understands (Young)
R v Ponting 1985
Conviction of civil servant leaking secret documents (official secrets act)
Docus reveal that gov covered up Argentinian ship catastrophe
Jury acquitted, legally wrong but morally right
R v Kronlid 1996
3 women broke in to British aerospace factory and caused £1.5mil in damage to us fighter jets
Pleaded not guilty (basis that they were preventing plane being sent to Indonesia and stop attacks on people of East Timor)
Jury acquitted, perverse verdict, refuses to convict in defiance of law and evidence
R v Owen 1992
Ds son was killed by careless driver
D shot driver
Jury - acquitted
R v Rayment
Took 21 months due to illness or holidays
Case dropped due to long time
Brinks Mat trial
Robbers stole gold bullion,
poured petrol over staff and threatened to light them
25 years and fined
One man acquitted for murder (jury nobbled)
R v Frail
Misconduct by juror (messaged D)
