Lay People Flashcards
how are you suitable to be a magistrate?
no criminal convictions
unbiased
reliable
what are the 6 qualities a magistrate must have?
sound judgement
social awareness
good character
commitment & reliability
understanding & communication
maturity & sound temperament
what is the magistrate interview process?
first interview - panel asses 6 key qualities and assesses attitude on issues
second interview - gives candidate evidence and they have to come to a conclusion
what is the role of a jury?
facts of the case
evidence (presented by P & D)
reason (deliberation room)
guilty or not guilty
unanimous (all jurors must agree)
secrecy
qualifications to be a juror:
registered to vote
18-75
registered citizen
disqualifications for being a juror:
disqualified permanently if service more than 5 yrs custodial sentence
disqualified for 10 years if served less than a 5 year sentence, received a suspended sentence or a community order
disqualified whilst on bail
other disqualifications (ICED):
l
Ineligible = army/government job
lack of Capacity = mental disorder/doesn’t understand english
Excusal = permanent
Discretionary excusal = temporary
how are juries selected?
picked at random from electoral register, will be summoned to court on a set date
how are juries vetted?
police/criminal record checks, any links to the case
challenging the jury:
challenge the array (jury is unrepresentative)
challenge for cause (an individuals right to sit on a trial)
stand by jurors (prosecution can dismiss jurors)
what are some advantages of juries?
represent society
cost effective
balanced view
human rights (fair trial)
secrecy
what are some disadvantages of juries?
no training/legal knowledge
influenced
bias
secrecy could mean decision is wrong
