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Law > Lay People > Flashcards

Lay People Flashcards

1
Q

What are Lay Magistrates?

A
  • They sit as unpaid, part-time Judges in the Magistrates’ Courts and are often referred to as ‘Justices of the Peace’
  • They do not have any qualifications in law
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2
Q

What are the 6 key characteristics Lay Magistrates should have?

A
  1. Good Character
  2. Understanding and Communication
  3. Social Awareness
  4. Maturity and Sound Judgement
  5. Sound Temperament
  6. Commitment and Reliability
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3
Q

What Judicial qualities should Lay Magistrates have?

A
  1. Be able to assimilate factual information and make a reasoned decision
  2. Be able to take account of the reasoning of others and work as a team
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4
Q

How long should Lay Magistrates be willing to commit for?

A
  • They must be prepared to commit themselves to sitting at least 26 half days each year
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5
Q

Why are Lay Magistrates expected to live or work within the Local Justice Area they have been allocated?

A
  • It allows Magistrates to know what crimes are prominent in the area
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6
Q

What are the 6 reasons one would not qualify to be a Lay Magistrate?

A
  1. A serious criminal background or a re-offender of minor crimes
  2. Undischarged bankruptcy
  3. Incompatible jobs like police officers and traffic wardens
  4. Members of the armed forces
  5. Those that cannot carry out their duties (deaf, blind etc)
  6. Relatives of those in the Justice System (e.g the wife of a police officer)
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7
Q

What is the process of becoming a Magistrate?

A
  1. Advertisements (newspapers, local buses, local radio etc)
  2. Application Form (asks for personal info like names, address occupation, previous convictions and qualities)
  3. Interview 1 (panel looks for the 6 key characteristics required and criminal convictions)
  4. Interview 2 (aimed at testing candidates’ potential judicial aptitude by discussing at least two case studies)
  5. Recommendation and Swearing In (the Local Advisory Committee will recommend names to the Lord Chancellor and then he will swear them in by oath)
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8
Q

Describe and explain the role of a Justice of the Peace (8 marker)

A
  • Hear summary offences
  • Hear TEW offences e.g theft which gives a 7 year fixed sentence
  • Hear first hearings of indictable offences
  • Hear preliminary hearings like a Plea Before Venue and Early Administrative Hearings
  • Give sentences up to 6 months or a £5,000 fine (unless it’s a Level 5 offence which is an unlimited fine) e.g harassment with violence
  • Issuing arrest and search warrants
  • Sit on appeals in the Crown Court
  • Specially trained Magistrates can sit on the Youth Court
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9
Q

What are the 3 qualifications for a Juror as set out in the Juries Act 1974?

A
  • Aged between 18-75
  • Registered on the electoral register
  • Ordinary resident in the UK for 5 years
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10
Q

What are the 3 disqualifications for life as a Juror as set out in the Juries Act 1974?

A
  • One who has been given a life sentence
  • One who has been given detention during her Majesty’s Pleasure
  • One who has been given a custodial sentence for 5 years
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11
Q

What are the disqualifications for a 10 year period as a Juror as set out in the Juries Act 1974?

A
  • One who has been given a custodial sentence of less than 5 years
  • One who has received a suspended sentence
  • One who has been given a community order (unpaid work requirement)
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12
Q

Name some reasons for excusal from Jury Service

A
  • Members of the armed forces (if you are needed for service)
  • Anyone who’s been a Juror in the last 2 years
  • Students with exams
  • One with caring responsibilities (carer)
  • Pregnancy
  • Work or personal circumstances
  • Mentally disordered people
  • Those who do not understand English adequately
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13
Q

Jurors are randomly selected. True or false?

A

True

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14
Q

You get fined £500 if you choose not to attend Jury Service. True or False?

A

False. You get fined £1000.

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15
Q

Describe and explain the two types of Jury Vetting (checks)

A
  • Defence request for a Jury Check (they won’t have access to the information available to the prosecution but may wish to have the panel checked for disqualified people)
  • Authorised Jury Checks (checks which go beyond the investigation of criminal records may be necessary e.g a terrorist case)
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16
Q

What is meant by ‘To the Array’ ?

A
  • Challenging a Jury in respect of the way the Jury is selected
  • Challenges the whole Jury
  • Available to both prosecution and defence
17
Q

What is meant by ‘For Cause’ ?

A
  • Challenging the connection with case or incapacity
  • Challenges a single Juror
  • Available to both prosecution and defence
18
Q

What is meant by ‘The Right to Stand By’ ?

A
  • Challenging for no explicit reason
  • Challenges a single Juror
  • Only available to the prosecution
19
Q

Juries are only used in approximately 1% of all Crown Court cases. True or False?

A

True

20
Q

Describe and explain the role of Juries in Criminal Trials

A
  • Used for all indictable and some TEW offences
  • Only used when defendant pleads not guilty
  • Decides whether the defendant is guilty or not guilty
  • Must give a unanimous verdict or a majority of 10-2, 10-1 or 9-1
21
Q

How is having a Racially Balanced Jury an advantage?

A
  • If the Jury is racially mixed, they are less likely to discriminate
  • 2007 MoJ research suggests that there was no difference between white, black and minorities in responding positively to being summoned for Jury Service. This means they aren’t under-represented.
  • Counterargument: Might cause racial tension within the Jury, resulting in a harder process to reach a unanimous vote.
22
Q

How is Jury Equity an advantage?

A
  • Juries can decide cases on their idea of fairness and are free to do so
  • R v Ponting case: defendant leaked government secrets contrary to the Official Secrets Act but Jury reached a verdict of Not Guilty because they believed the public deserved to know.
  • Counterargument: However, different Jurors have different opinions on what is fair and this may cause over-leniency.
23
Q

How is Jury Secrecy a disadvantage?

A
  • No reasons are given for a verdict so there’s no way of knowing if the Jury actually understood the case.
  • R v Young: Jury used a Ouija Board by the Jury to contact the dead victim which can’t be trusted.
  • This means that they could give an invalid verdict and are therefore not serving their purpose.
24
Q

How is the Effect of Jury Service a disadvantage?

A
  • Some may find cases distressing and many certain gory details.
  • What’s worse is that their feelings of distress may not surface for some time after, causing prolonged trauma.
  • Counterargument: However, there is follow-up counselling but this was only introduced in 2007. Contact numbers and leaflets are now available in Jury rooms for psychological and emotional support.

Law (10 decks)

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