lay people juries and magistrates

Question 1

magistrates - 6 formal requirements

Answer 1

-aged 18/75 on appointment -british, irish or common wealth citizen -in good health -live close to the court -satisfactory hearing -able to sit for 26 half days

Question 2

magistrates - 6 key qualities

Answer 2

-good character -understanding and communication -social awareness -maturing and sound temperament -sound judgement -commitment and reliability

Question 3

magistrates must…

Answer 3

agree to take an oath of allegiance, disclose any criminal convictions and civil orders and they may not qualify if there job leads to a conflict of interest

Question 4

magistrates - selection

Answer 4

1. appointed by lord chief justice 2. vacancies advertised on radio and local newspapers 3. 1st interview with local advisory committee 4. 2nd interview-case studies and background checks

Question 5

magistrates - appointment

Answer 5

1. passed to lord chief justice 2. delegates to presiding judge of England and Wales 3. officially appoints lat magistrate on behalf of the king

Question 6

magistrates - role in criminal courts

Answer 6

sit in bench of 3, all cases start in magistrates court, all summary and some TEW, in charge of mode of trial hearings, can grant or refuse bail (police and criminal evidence act 1984), can transfer cases to CC and can hear appeals there, can work in youth court, max sentence of 12 month and unlimited fine (sentencing act 2020)

Question 7

jury - qualifications

Answer 7

the jury act 1974 and the criminal justice act 2005, have background checks, aged 18-75, on electoral role, regestered foe 5 or more years

Question 8

jury - permanent disqualification

Answer 8

5 year in prison, extended sentence, life imprisonment, suspended sentence, on bail, community order

Question 9

jury - 10 year disqualification

Answer 9

served a sentence, less than 5 years in prison, suspended sentence, community order

Question 10

jury - excual

Answer 10

don’t need to do jury service. if not excused and don’t turn up can be fined up to £1,000

Question 11

jury - deferral

Answer 11

jury service is put back to a later date, anyone can apply to be deferred up to 12 months. reasons- exams, operation, pre-booked holidays

Question 12

jury - selection

Answer 12

randomly by jury summoning bureau, can be vetted by police, summons letter received by post stating they must attend court, 15 people chosen then 12 chosen from 15, once selected they’re swarn in

Question 13

jury - challenges

Answer 13

challenge for cause, challenge to the array, prosecution right to stand by

Question 14

jury - challenge for cause

Answer 14

known to the witness or the D or connected to the case (wilson and sparson)

Question 15

jury - challenge to the array

Answer 15

jury is unrepresented (the romford jury)

Question 16

jury - prosecution right to stand by

Answer 16

allows jurors who have been stood by to be put at the end of the list so they wont be used unless there’s not enough jurors

Question 17

jury - criminal cases

Answer 17

hear evidence and decide verdict, unanimous vote, anything discussed cannot be disclosed-concept of court act 1981, decide D’s guilt, formans picked from jury to disclose decision, indictable and TEW offences, criminal justice act 2003 makes criminal offence to intentionally disclose

Question 18

jury - civil courts

Answer 18

rare, 8 members, cases:defamation,fraud,false imprisonment,malicious prosecution, in defamation cases they decide D’s liability and how much compensation

Question 19

juries - rules for civil courts kept in…

Answer 19

senior courts act 1981-high court cases, county courts act 1984-county courts, coroners and justice act 2009-coroners inquiries

Question 20

juries - evaluation advantages

Answer 20

secrecy of the jury room, open system of justice-public get a say, impartiality, jury equity-no reason for verdict

Question 21

juries - evaluation disadvantages

Answer 21

secrecy-don’t know if they understand the case, racial bias, media influence, juries and the internet-S71 criminal justice and courts act 2015