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Law- Paper 1 section A > Lay people > Flashcards

Lay people Flashcards

1
Q

Name the 2 lay people

A

Magistrates and juries

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2
Q

What age must magistrates be

A

Between 18 and 75

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3
Q

What citizenship should magistrates have

A

British, Irish or commonwealth

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4
Q

How many days should magistrates be able to sit

A

26 half days a year

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5
Q

What health and hearing should magistrates have

A

Good health and satisfactory hearing

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6
Q

Where should magistrates live

A

Live close or in the area

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7
Q

What are the 6 qualities a magistrate should have

A

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

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8
Q

What must a magistrate take and disclose

A

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

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9
Q

What is the 1st stage of selection for magistrates

A

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

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10
Q

What is the 2nd stage of selection for magistrates

A

Interview 1- with the local advisory committee

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11
Q

What is the 3rd stage of selection for magistrates

A

Interview 2- includes case studies and background checks

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12
Q

Explain how magistrates are appointed

A
  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
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13
Q

Describe the role of a magistrate

A

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

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14
Q

What is the maximum sentence a magistrate can give

A

12 months

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15
Q

What is the maximum fine a magistrate can give

A

Unlimited

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16
Q

What percentage of all court cases start in the magistrates

A

97%

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17
Q

Where can magistrates work with special training

A

In a youth court

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18
Q

What act dictates that magistrates can work in a youth court

A

The Children Act 1989

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19
Q

As well as criminal cases magistrates can also hear…

A

Civil cases

20
Q

What type of civil cases can magistrates hear

A

Enforcing council demands and family maintenance orders

21
Q

What do juries decide

A

If a defendant is guilty or not

22
Q

What court do juries sit in

A

Mainly crown but they can be used in civil cases also

23
Q

What age are jurors

A

18-75

24
Q

What must a juror be registered on

A

Electoral register

25
Q

Where must jurors be a resident of and for how long

A

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

26
Q

You are permanently disqualified from being a juror if…

A

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

27
Q

A juror has a 10 year disqualification if…

A

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

28
Q

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

A

£5000

29
Q

When may someone be excused from jury duty

A

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

30
Q

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

A

£1000

31
Q

When can you defer jury service

A

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

32
Q

How long can you defer jury service for

A

A year

33
Q

How many people are initially selected for each jury

A

15

34
Q

From the 15 how many actually sit in court

A

12

35
Q

who can challenge the juries

A

Defence or prosecution

36
Q

What can the juries be challenged on

A

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

37
Q

What is challenge for cause

A

An individual juror is challenged for a reason

38
Q

Why might an individual juror be challenged

A

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

39
Q

What case links to challenge for cause

A

Wilson and Sparson

40
Q

What is challenge to the array

A

The whole jury is challenged for being unrepresentative

41
Q

What case links to challenge for the array

A

Romford jury

42
Q

What is the prosecutions right to stand by

A

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

43
Q

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

A

Bushell’s case

44
Q

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

A

R v McKenna

45
Q

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

A

Criminal Justice Act 2003

46
Q

Advantages of the jury

A

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

47
Q

Disadvantages of the jury

A

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

Law- Paper 1 section A (9 decks)

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