Lay People Flashcards
Under what act are magistrates appointed?
Crime and Courts Act 2013
Where are the qualifications for magistrates laid out?
Courts Act 2003
What are the qualifications for magistrates?
Aged between 18-65, live or work near the court, be devoted to a minimum of 26 half days per year
What are the disqualifications for magistrates?
Police officers, traffic wardens and those with previous convictions
What are the six key qualities the Lord Chancellor introduced in 1998?
Good character, understanding/communication, social awareness, maturity/sound temperament, sound judgement and commitment
How does a person apply to become a magistrate?
They download an application and if eligible the Local Advisory Committee invites them for an interview
What is the first interview for?
To see if they have the six qualities and to explore the candidates view on current criminal justice
What is the second interview for?
Looks at sentencing and trial exercises to test judgement and aptitude, done by discussion of two cases typically looked at by magistrates
Who supervises the training of magistrates?
Magistrates Committee of the Judicial Studies Board- Bench Training and Development Committees deliver training
What is the Magistrates New Training Initiative?
Provides a competence, training and appraisal framework
What are the four competencies of training?
Managing yourself, working as a team member, making judicial decisions and for Chairmen, managing judicial decisions
What are the three parts of the training syllabus?
Initial introductory training, core training and activities (e.g. prison visits)
What is required/expected of a trainee?
To keep a Personal Development Log and shadow their mentor in court cases, expected to attend 7 training sessions
How are magistrates appointed?
Reviewed by Local Advisory Committee to create a balanced bench, recommendations are sent to Lord Chief Justice who delegates appointment power to the senior presiding judge, new magistrates must swear an Oath of Allegiance
What is the maximum sentence they can impose?
6 months for one, 12 months for two or more charges
What is a legal adviser?
Give advice to magistrates on matters of law and procedure, but have no say in the final decision
What act makes magistrates responsible for bail?
Bail Act 1976, allows them to hear applications for bail and attach conditions to it
What else do magistrates deal with?
Warrants and extensions, specially trained magistrates deal with young offenders in Youth Courts
What are the qualifications for jurors and where are they found?
Come from Criminal Justice Act 2003: aged 18-75, on the electoral register, resident of UK, Channel Islands or Isle of Man for 5 years since the age of 13
What are the disqualifications for a juror?
Being on bail for an offence, having a criminal conviction (5 years or more= permanent, suspended/community/imprisonment in past 10 years= 10 year disqualification), mental health issues
How long does an excusal last and who can apply for it?
12 months, those who have completed service in the past 2 years, full time armed services members, those over 65, MPs, MEPs and medical professionals
What is a deferral and what are some possible reasons for it being granted?
A person will sit on a jury at a later date in the next 12 months, anyone can apply but must give a valid reason and another date then can sit. Reasons include exams, operations and work commitments
How are jurors selected?
Jury Central Summoning Bureau, 25 random people receive a ‘jury summons’ through the post and go to court. 15 are then randomly selected and then 12 are sworn in and become the jury
What is Stand by for the Crown?
Where the prosecution asked for a juror to be removed, no reason has to be given
What is Challenge for the Cause?
Defence and prosecution can challenge the right for an individual to sit with a valid reason (e.g. R v Wilson & Sprason)
What is Challenge for the Array?
Both parties can challenge the whole jury panel due to it being chosen in a bias or unrepresentative way (e.g. R v Fraser)
In what percentage of criminal cases are juries used?
Approximately 1 percent
What kind of decision must a jury come to?
Unanimous, if not possible a majority of 11-1 or 10-2 will be accepted under the Criminal Justice Act 1967
What decisions do the jury make?
Decide if defendant is guilty or not and can do so according to their conscience, cannot be punished for going against the law (Bushell’s case, 1670)
What is meant by a ‘directed acquittal’?
The judge will tell a jury they must find the defendant not guilty because the prosecution has failed to produce enough evidence to make the D guilty ‘beyond all reasonable doubt’
