Lay People (Juries and Magistrates) Flashcards
What is the Act?
Juries Act 1974
What are the basic qualifications?
aged between 18-75
registered to vote
resident in the UK for at least 5 years since the age of 13
For how long can you get disqualified?
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
Why can someone be ineligible?
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)
Why can someone be excused?
members of the navy, military and armed forces
Why can someone get a discretionary excusal?
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
How are juries selected?
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
What is vetting?
Prosecution and defence can see the list of jurors to check them for suitability
What are the 2 types of vetting?
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
What is challenging?
P/D can challenge 1 or more of the members of the jury arguing why they should not be on the jury
What is For Cause challenging?
challenge on a single juror if related to defendant or witness
What is To The Array challenging?
challenge the whole jury
unrepresentative or biased
Example: Romford Jury
9 of the jury were from Romford and 2 lived on the same street
What is To Stand By:
there is a right only the prosecution can exercise
putting a juror at the end of the list of potential jurors
no reason given
What type of cases will juries hear?
some triable either way
all indictable
What do juries do in Criminal Cases?
listen to the factors of the case and the judge’s summary
decide the verdict (guilty or not guilty)
Where does the jury make its decision?
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
How do they come to a verdict?
Initially a jury must come to an unanimous verdict then after 2h a majority verdict will be accepted
What is the role of the judge in relation to the jury?
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
What are some disadvantages of the jury system?
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)
What are some advantages of the jury system?
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
What are the 6 main qualifications of Magistrates?
good character understanding + communication social awareness maturity + sound temperament sound judgement commitment + reliability
Why do they need judicial qualities?
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
Why do they need to live locally?
Country is divided up into local justice and lay magistrates are expected to live or work near to the court in which they sit
Why do they need commitment?
They need to be prepared to commit themselves to at leas 26 half days each year
