Lay People (Juries and Magistrates)

Question 1

What is the Act?

Answer 1

Juries Act 1974

Question 2

What are the basic qualifications?

Answer 2

aged between 18-75
registered to vote
resident in the UK for at least 5 years since the age of 13

Question 3

For how long can you get disqualified?

Answer 3

For life - life imprisonment, imprisonment for 5 years +
For 10 years - imprisonment for 5 years, anyone who has been given a community order in the last 10 years
Temporarily - if currently in bail

Question 4

Why can someone be ineligible?

Answer 4

mentally disordered
up until 2021 a deaf person could not be on a jury
being blind (depends on how much visual evidence there is in the case)

Question 5

Why can someone be excused?

Answer 5

members of the navy, military and armed forces

Question 6

Why can someone get a discretionary excusal?

Answer 6

being too ill to attend court
death or illness of a close relative
have important business meeting or exam
have a holiday that has already been booked

Question 7

How are juries selected?

Answer 7

Names are selected at random from the electoral register
Letters are sent and they have 7 days to respond
Those chosen are expected to attend for 2 week jury service
Out of the 15 selected for that jury service only 12 people that are randomly chosen will get to hear the case

Question 8

What is vetting?

Answer 8

Prosecution and defence can see the list of jurors to check them for suitability

Question 9

What are the 2 types of vetting?

Answer 9

Routine police checks - police check to make sure none of the jury members are disqualified
Wider background checks - political beliefs will be taken in consideration only in cases of national security

Question 10

What is challenging?

Answer 10

P/D can challenge 1 or more of the members of the jury arguing why they should not be on the jury

Question 11

What is For Cause challenging?

Answer 11

challenge on a single juror if related to defendant or witness

Question 12

What is To The Array challenging?

Answer 12

challenge the whole jury
unrepresentative or biased

Example: Romford Jury
9 of the jury were from Romford and 2 lived on the same street

Question 13

What is To Stand By:

Answer 13

there is a right only the prosecution can exercise
putting a juror at the end of the list of potential jurors
no reason given

Question 14

What type of cases will juries hear?

Answer 14

some triable either way

all indictable

Question 15

What do juries do in Criminal Cases?

Answer 15

listen to the factors of the case and the judge’s summary

decide the verdict (guilty or not guilty)

Question 16

Where does the jury make its decision?

Answer 16

private room (Jury deliberation room)
decisions made in secret and no need to give a reason for their decision

Example: R v Young:
Jurors used Ouija board to find out who killed the victim

Question 17

How do they come to a verdict?

Answer 17

Initially a jury must come to an unanimous verdict then after 2h a majority verdict will be accepted

Question 18

What is the role of the judge in relation to the jury?

Answer 18

explain relevant points
directed acquittal - D not guilty
accept the verdict

Example: Bushell’s Case
the verdict cannot be challenged regardless of weather the judge agrees or not

Question 19

What are some disadvantages of the jury system?

Answer 19

cases might be too complicated for jurors to understand
no reason for decision therefore there is no way to know if jury understood the case
juries sometimes refuse to follow the law (perverse verdict)

Question 20

What are some advantages of the jury system?

Answer 20

jury give the public confidence in our legal system
juries can decide cases on the basis of what they believe is fair
decision is made in private

Question 21

What are the 6 main qualifications of Magistrates?

Answer 21

good character
understanding + communication
social awareness
maturity + sound temperament
sound judgement
commitment + reliability

Question 22

Why do they need judicial qualities?

Answer 22

They must have certain judicial qualities as is important that they are able to take on board factual information and make a rational decision
A lay person must be aged 18-65
It is rare a person under 25 will be considered as they will not have enough experience

Question 23

Why do they need to live locally?

Answer 23

Country is divided up into local justice and lay magistrates are expected to live or work near to the court in which they sit

Question 24

Why do they need commitment?

Answer 24

They need to be prepared to commit themselves to at leas 26 half days each year

Question 25

Why do they have restrictions on appointment?

Answer 25

Some people are not eligible to be appointed for example: people with serious criminal convictions, bankrupts, members of the forces, policemen and traffic wardens

Question 26

How are Magistrates selected?

Answer 26

Appointments are made by Lord Chief Justice and he relies on recommendations made to him by the local advisory committees

Question 27

What are the local advisory committees?

Answer 27

Names of potential magistrates can be put forward by anyone, normally they are put forward by groups like the local political parties and trade unions
Advertisements for roles of magistrates have even been placed in local newspapers, radio stations and buses

Question 28

What is the interview process?

Answer 28

First stage:
find out more about candidate’s personal attributes
explore the candidate’s attitude to criminal justice issues

Second stage:
testing candidate’s potential judicial ability

Advisory committees will interview candidates and then submit names of suitable people to Lord Chief Justice

Question 29

What is the role of Magistrates in criminal cases?

Answer 29

try 95% of all criminal cases
hear all summary offences and majority of triable either way offences
decide verdict
decide sentence
decide if D goes on bail
can grant warrants for arrest
authorise up to 96h detention