Lay people

Question 1

Name the 2 lay people

Answer 1

Magistrates and juries

Question 2

What age must magistrates be

Answer 2

Between 18 and 75

Question 3

What citizenship should magistrates have

Answer 3

British, Irish or commonwealth

Question 4

How many days should magistrates be able to sit

Answer 4

26 half days a year

Question 5

What health and hearing should magistrates have

Answer 5

Good health and satisfactory hearing

Question 6

Where should magistrates live

Answer 6

Live close or in the area

Question 7

What are the 6 qualities a magistrate should have

Answer 7

Good character, Understanding and communication, Social awareness, Maturity, Sound judgement and Commitment and reliability

Question 8

What must a magistrate take and disclose

Answer 8

An oath of allegiance and disclose all civil orders or criminal convictions

Question 9

What is the 1st stage of selection for magistrates

Answer 9

Vacancies are advertised on the radio, newspaper… and a form is filled out

Question 10

What is the 2nd stage of selection for magistrates

Answer 10

Interview 1- with the local advisory committee

Question 11

What is the 3rd stage of selection for magistrates

Answer 11

Interview 2- includes case studies and background checks

Question 12

Explain how magistrates are appointed

Answer 12

1. passed to the lord chief justice
2. delegates to the presiding judge of England and Wales who appoints them on behalf of the king

Question 13

Describe the role of a magistrate

Answer 13

Sit on a bench of 3, hear the first hearing of cases, hear and see evidence, decide on guilt, pass a sentence, give a fine, issue police warrants, approve further detention

Question 14

What is the maximum sentence a magistrate can give

Answer 14

12 months

Question 15

What is the maximum fine a magistrate can give

Answer 15

Unlimited

Question 16

What percentage of all court cases start in the magistrates

Answer 16

97%

Question 17

Where can magistrates work with special training

Answer 17

In a youth court

Question 18

What act dictates that magistrates can work in a youth court

Answer 18

The Children Act 1989

Question 19

As well as criminal cases magistrates can also hear…

Answer 19

Civil cases

Question 20

What type of civil cases can magistrates hear

Answer 20

Enforcing council demands and family maintenance orders

Question 21

What do juries decide

Answer 21

If a defendant is guilty or not

Question 22

What court do juries sit in

Answer 22

Mainly crown but they can be used in civil cases also

Question 23

What age are jurors

Answer 23

18-75

Question 24

What must a juror be registered on

Answer 24

Electoral register

Question 25

Where must jurors be a resident of and for how long

Answer 25

UK for at least 5 years or from the age of 13

Question 26

You are permanently disqualified from being a juror if...

Answer 26

Served over 5 years in prison, on an extended sentence and if you've had a suspended sentence and had a community order depending on severity

Question 27

A juror has a 10 year disqualification if...

Answer 27

They have served a time in prison of up to 5 years and if they've had a suspended sentence and had a community order depending on severity

Question 28

If a disqualified person turns up for jury duty what fine can they get

Answer 28

£5000

Question 29

When may someone be excused from jury duty

Answer 29

If they have insufficient understanding of English, a disability, deafness or if they will be unable to manage a trial

Question 30

If a person does not turn up and is not grated excusal what fine will they receive

Answer 30

£1000

Question 31

When can you defer jury service

Answer 31

Have a prebooked holiday, cannot get out of work, have a planned surgery...

Question 32

How long can you defer jury service for

Answer 32

A year

Question 33

How many people are initially selected for each jury

Answer 33

15

Question 34

From the 15 how many actually sit in court

Answer 34

12

Question 35

who can challenge the juries

Answer 35

Defence or prosecution

Question 36

What can the juries be challenged on

Answer 36

Challenge for cause, challenge to the array and the prosecutions right to stand by

Question 37

What is challenge for cause

Answer 37

An individual juror is challenged for a reason

Question 38

Why might an individual juror be challenged

Answer 38

They know the witness, know the D, connected to the case...

Question 39

What case links to challenge for cause

Answer 39

Wilson and Sparson

Question 40

What is challenge to the array

Answer 40

The whole jury is challenged for being unrepresentative

Question 41

What case links to challenge for the array

Answer 41

Romford jury

Question 42

What is the prosecutions right to stand by

Answer 42

A juror is placed to the back of the queue so will not be likely to be picked

Question 43

What case established that the jury is the sole arbitrator of fact and the judge cannot challenge the decision

Answer 43

Bushell's case

Question 44

What case stated the judge must respect the independence of the jury

Answer 44

R v McKenna

Question 45

What act stated judges, lawyers and police can now serve on the jury

Answer 45

Criminal Justice Act 2003

Question 46

Advantages of the jury

Answer 46

Public confidence, jury equity, open system of justice, secrecy of the jury room and impartiality

Question 47

Disadvantages of the jury

Answer 47

Racial bias, media influence, the internet, secrecy, perverse decisions, lack of understanding and jury tampering