LAY ADJUDICATION Flashcards
1
Q
magistrates court
A
- preliminary hearings for all cases
- jurisdiction fro summary or eitherway trials
- mainly criminal with some quasi civil jurisdiction
- sit as a panel of 3
2
Q
magistrates duty
A
- criminal cases
- determining guilt and sentencing
- remand on bail or in custody
- allocation of cases in crown court
- crown court appeals
- civil cases
- non payment of council tax
- youth and family court
- growing jurisdiction
3
Q
advantages of magistrates
A
- cheap
- legal advisor since 1999 had to be qualified
- fewer appeals
4
Q
disadvantages of magistrates
A
- middle aged and middle class
- prosecution bias (established relation with cps)
- inconsistency in sentencing
- reliance on the legal advisor
5
Q
define a jury
A
a body of 12 people sworn to give a verdict in a legal case on the basis of evidence submitted to them in court
6
Q
determining factors of a jury
A
- aged 18-75
- registered to vote
- resident in the uk
- ‘mentally disordered’ or life imprisonment are disqualified
- you can apply to be excused only once
- the court with retain discretion
- eligible people will receive a jury summons