Lay People P1 Flashcards
What is a lay person
Someone without training or expertise in the area being discussed.
What are the two types of lay people
Lay magistrates and juries
Who are lay magistrates appointed by
Lord chancellor in the recommendations of local committees
What are the minimum and maximum ages of lay magistrates
18-70
How much are magistrates paid
Don’t get paid - voluntary role
What formal qualification do magistrates require
None
Who assists magistrates in their work in court
Legal adviser, Clerk
How many magistrates sit to hear each case
3
What must each bench show a mix of
Gender, ethnicity, race, age
What is the name of the middle magistrate
Chairman
What are the names for the colleagues who sit either side of the chairman
Preciding justice
How many days do magistrates have to commit to sitting every year
13 days a year
What is the average number of sitting by each magistrate
26 half days
What is the role of a magistrate in court during a criminal case
Listen to evidence and decide verdict by unanimous or by majority
What proportion of criminal cases are heard by a lay magistrate
95%
How long can a magistrate sentence someone sue to the Judicial Review and Courts Act 2022
From 6 to now up to 12 months
Do magistrates deal with a limited range of civil case or lots
Limited range
What do magistrates deal with in civil matters
Family court
Non payment of council tax
Taxes and utility bills
Grant anti-social behaviour orders
Can no longer grant licenses
What can magistrates do outside of criminal court
Pass indictable offences up
Arrest war rents
Search warrants
Bail application
Licenses for pubs
What sentencing powers do magistrates have
Includes fines, community service orders, probation orders or a maximum period of 12 months in custody
Can also send cases up to from court if convicted of a either way offence
How are magistrates meant to judge in court
Fairly and impartially
Not show bias
Which case showed bias as the magistrates said they believe the work of the police
R V Bingham JJ ex p Jowitt (1974)
What is a jury
A group of 12 members of the public who are sworn to give a verdict on some matter according to the evidence presented to them in court
What are the basic qualification to be a juror
18-75
Local elector
Resident in the uk for the least 5 years since their 13th birthday
Who are disqualified or excused
Disqualified - those serving prison sentences
Excused - full time members of the armed forces or discretionary group
Those who are mentally disordered
Those who show lack of capacity (insufficient grasp of English or a disability)
Can lawyers of police do jury service
Yes there is no longer any bar on them
what is jury vetting: police checks
Prosecution and defence are allowed to view the list of jurors, routin police checks are made on prospective jurors to eliminate those disqualified e.g if you have a criminal record
what is jury vetting : background checks (political checks)
wider check of jurors background and political affiliations ‘ABC’ trial 1978, people charged with collecting secret info led to jury vetted for loyalty
should only happen in exceptional cases e.g terrorist
what is jury challenging: to the array
given by S5 of the Juries Act 1974 whee it is a challenge to the whole jury that it has been chosen in an unrepresentative or biased way
what is jury challening: for cause
involves challenging the right of an individual juror to sit on a jury
can be if the juror is disqualified or if the juror knows or is relate to the witness or defendant
what is jury challenging: prosecution right to stand by for juror
only prosecutors can exercise
allows juror who has been stood by to be put to the end of the list of potential jurors, so that he will not be used on the jury unless there are not enough other jurors
what did the Bushell’s case (1670) establish
a judge cannot force a particular verdict from a jury - they are free to make their own minds on the evidence presented
how much are jurors reimbursed for losr earnings
up to £65 per day and out of pocket expenses
when is jury needed
when the d pleads not guilty
what is the court that uses a jury
crown court
what does the judge do in a criminal case
decides matters of law
has power t order an acquittal if he feel the case has not been made out sufficiently
sums up the evidence and explains the law to the jury
reminds the jurors of there duty, burden of proof and standard of proof
what does S8 of the Contempt of Courts Act 1981 say
makes it an offence for anyone to disclose information relating to the discussion of the jury
how long do jurors have to decide the verdict
2 hours
what is a majority verdict and what are the two ptions for this verdict
when the jury comes to a verdict based on majority
stops awkward individuals preventing a decision being made and minimise risk of jury nobbling
11-1 or 10-2
what is jury nobbling
the actual or attempted influence of one or more jury members through intimidation or inducement
why was there no justice served in R V Owen (1992)
D killed the driver who killed his son after his release
jury acquitted the case and members of the jror congratulated him on what he had done
why was injustice carried out during the trial of R V Young (1995)
D was cnvicted guilty as 4 jurors contacted the dead using a Ouija board while intoxicated saying D was the killer
why was there injustive in R V Blythe (1998)
the jury went againt the judge saying there was no defence and found him not guilty
give him the smallest punishment of a fine
what percentage of cases do not have a jury
98%
