lay people Flashcards
What are the three categories of criminal offences that a Magistrates’ Court deals with?
- Summary offences
- Triable-either way (TEW) offences
- Indictable offences
Summary offences are the least serious, TEW offences are middle-range, and indictable offences are the most serious.
What is a Summary Offence?
The least serious offences tried in a Magistrates’ Court e.g. driving offences, common assault
Examples include theft and assault occasioning actual bodily harm (ABH).
What is a Triable-either Way (TEW) Offence?
Middle-range offences that can be tried in either the Magistrates’ Court or the Crown Court depending on the defendant’s plea and court jurisdiction e.g.theft,assault occasioning abh
Examples include driving without insurance and common assault.
What is an Indictable Offence?
The most serious offences tried in the Crown Court e.g. murder rape, s.18 gbh ,robbery
Examples include murder, manslaughter, rape, and robbery.
Who hears the case in a Magistrates’ Court?
Three magistrates who are lay people
They decide the verdict and sentence if the defendant pleads guilty or is found guilty.
What percentage of all criminal offences do Magistrates’ Courts deal with?
Around 95%
This includes preliminary hearings for all criminal cases.
What is the standard of proof in a criminal case?
Beyond reasonable doubt
The court must be ‘sure’ that the evidence presented means the defendant is either guilty or not guilty.
Who has the burden of proof in a criminal case?
The Prosecution
They act on behalf of the state and must prove the defendant’s guilt.
True or False: A magistrates’ court deals with preliminary hearings for all triable-either way offences (TEW).
TRUE
True or False: A magistrates’ court does not deal with issuing search warrants, arrest warrants, or bail applications.
FALSE
Their work does include these functions.
What is the role of a jury?
To listen to evidence and reach a verdict of guilty or not guilty
The twelve jurors deliberate and discuss the evidence in secret.
What age range can sit on a jury?
16 – 75 years
How is a jury selected to ensure impartiality?
UK citizens on the electoral register are randomly selected by a computer
A letter is sent to them to attend court for a period of two weeks.
Can a police officer, judge, or lawyer sit on a jury?
Yes, provided they are not connected to the case in any way.
Who is disqualified from jury service?
- Anyone serving a life sentence
- Anyone in prison for five years or more
- Anyone given an extended sentence
- Anyone who served a prison sentence, suspended sentence, or community order in the last ten years
Disqualification lasts ten years.
What is the Oath (or Promise) jurors take according to the Juries Act 1974?
“I swear by Almighty God that I will faithfully try the defendant and give a true verdict according to the evidence.”
Alternatively, they may affirm without using the word ‘God’.
How does a jury reach its verdict?
They retire to deliberate and must reach a unanimous decision, but the judge may accept a majority decision if necessary after 2 hours
Majority verdicts accepted are 11-1 or 10-2.
True or False: A jury can function with less than twelve members.
TRUE
A jury can function at 10 or 9 members but cannot fall below 9.
What are some advantages of having a jury?
- Jury equity
- Secrecy of the jury room
Jury equity allows jurors to reach a fair verdict; secrecy protects them from outside pressures.
What is a disadvantage of having a jury?
- Lack of understanding
- Media influence
Jurors may not fully understand their legal role, and media coverage can bias their decisions.
Who were Vicky Pryce and Chris Huhne, and what were they charged with?
They were charged with perverting the course of justice for falsely claiming speeding penalty points-she claimed speeding points her husband should have acquired, jury did not understand
The case was notable for the jury’s confusion about their role during the trial.
What does Lord Devlin mean when he says juries are ‘the lamp that shows freedom lives’?
It emphasizes the importance of juries in upholding justice and democracy.
Explain the role of a lay magistrate in a criminal trial.
Lay magistrates hear and decide cases in a Magistrates’ Court, determining guilt and sentencing.
Explain the role of a jury in a criminal trial.
Juries listen to evidence and reach a verdict in criminal trials, acting as arbiters of fact.
