Lay People (Lay Magistrates and Juries)

Question 1

List 4 advantages of juries :

Answer 1

*ensures public confidence
*Jury equity
*secrecy of jury room
*impartiality

Question 2

Explain this advantage of juries : ensures public confidence

Answer 2

Juries are regarded as one of the fundamental indicators of a democratic system.
Helps show the public that it is not just the state charging, convicting and sentencing.

Question 3

Explain this advantage of juries : jury equity

Answer 3

A jury can disagree with their own law and apply their own idea of fairness, as they do not need to give reasons for their decision.
Juries almost always reach a verdict and convict roughly 2/3 of the time.
EXAMPLE : Ponting’s Case 1984

Question 4

What happened in Ponting’s Case 1984?

Answer 4

A civil servant leaked information, despite signing Official Secrets Act , jury refused to convict him even though the judge ruled he had no defense.

Question 5

Explain this advantage of juries : Secrecy of the jury room

Answer 5

The jury is free from pressure during its discussion and can ignore the strict letter of law. Section 8 Contempt of Court Act 1981 makes it a criminal offence to disclose jury deliberations.
EXAMPLE : Bushnell’s Case 1670

Question 6

What happened in Bushnell’s Case 1670?

Answer 6

A jury refused to convict Quaker activists, they were still fined and imprisoned but were released after an appeal.

Question 7

Explain this advantage of juries : Impartiality

Answer 7

Juries are not connected with anyone involved in the case. The random selection should result in a cross-section of society, who will cancel each others prejudices out.

Question 8

Explain this disadvantage of juries : Secrecy

Answer 8

The jury does not need to give reason for their decision which makes it difficult for defendant to appeal, as there is no way of knowing how the decision was reached and whether the case was understood.
EXAMPLE : Mirza 2004

Question 9

What happened in Mirza 2004?

Answer 9

One juror complained that the other jury members showed racial bias while coming to their decision.

Question 10

Explain this disadvantage of juries : media influence

Answer 10

In high profile cases juries may find it difficult to be independent and free from influence due to high publicity.
EXAMPLE : Taylor sister’s 1993

Question 11

What happened in the Taylor’s sisters case 1993?

Answer 11

Two sisters were charged with murder, a newspaper published photos that gave a false impression of what happened. The judge gave leave to appeal because of the possible influence the pictures could have had on the jurys verdict

Question 12

Explain this disadvantage of juries : Lack of understanding

Answer 12

Jury members lack legal qualifications, no minimum educational standards are required.
A small number of jurors have admitted to having difficulty understanding cases, which is worrying considering a persons liberty is at stake.

Question 13

Explain this disadvantage of juries : jury tampering

Answer 13

Sometimes jury members may be bribed or threatened, so the prosecution can apply for trial without a jury.
EXAMPLE : Twomey 2009

Question 14

What happened in Twomey 2009?

Answer 14

There was a serious attempt at interfering with the jury and Section 44 of the Criminal Justice Act 2003 applied and a retrial was ordered by judge alone.

Question 15

What qualifications must you have to be a lay magistrate?

Answer 15

-judicial qualities or characteristics
-aged between 18-74
-must not have a serious criminal conviction
-must not have a conflict of interest (e.g. police officer,traffic warden etc.)
-must not have a condition which will interfere with their duties

Question 16

How many days will a lay magistrates sit in a year?

Answer 16

13full days or 26 half days

Question 17

Who recruits lay magistrates?

Answer 17

the LAC -local advisory committee

Question 18

What kind of people are part of the Local Advisory Committee?

Answer 18

former magistrates, key community leaders

Question 19

What are the six key characteristics a lay magistrate should have?

Answer 19

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

Question 20

Magistrates’ Courts try what percent of all criminal cases?

Answer 20

97

Question 21

During a trial, lay magistrates sit as a bench of _ and listen to the evidence from the Prosecution and Defence.They will retire to reach a decision in private and be offered guidance on the law from a Legal Advisor. They must give reasons for their verdict.

Answer 21

3

Question 22

During a trial, lay magistrates sit as a bench of 3 and listen to the evidence from the Prosecution and Defence.They will retire to reach a decision in private and be offered guidance on the law from a _____ _______. They must give reasons for their verdict.

Answer 22

Legal Advisor

Question 23

Which act sets out the qualifications of juries?

Answer 23

Juries Act 1974

Question 24

What are the main qualifications to be a jury?

Answer 24

-aged between 18 and 75
-on the electoral register
-resident in the uk for 5 years since age 13

Question 25

What criminal convictions disqualify you from jury service?

Answer 25

Permanently - imprisoned for more than 5 years, or for public protection
Semi permanently - for 10 years if given a sentence of less than 5 years, a suspended sentence, or a community order.

Question 26

From the jury pool, groups of __ jurors are allocated to individual court rooms on the day of the case. The clerk will then randomly select __ of them, with the rest available as back up in an important or complex case.

Answer 26

15,12

Question 27

What system helps invite people to jury service?

Answer 27

the Jury Central Summoning Bureau

Question 28

What act makes it a criminal offence to speak about the deliberations in the jury room ?

Answer 28

The Criminal Justice and Courts Act 2015