Lay People P1

Question 1

What is a lay person

Answer 1

Someone without training or expertise in the area being discussed.

Question 2

What are the two types of lay people

Answer 2

Lay magistrates and juries

Question 3

Who are lay magistrates appointed by

Answer 3

Lord chancellor in the recommendations of local committees

Question 4

What are the minimum and maximum ages of lay magistrates

Answer 4

18-70

Question 5

How much are magistrates paid

Answer 5

Don’t get paid - voluntary role

Question 6

What formal qualification do magistrates require

Answer 6

None

Question 7

Who assists magistrates in their work in court

Answer 7

Legal adviser, Clerk

Question 8

How many magistrates sit to hear each case

Answer 8

3

Question 9

What must each bench show a mix of

Answer 9

Gender, ethnicity, race, age

Question 10

What is the name of the middle magistrate

Answer 10

Chairman

Question 11

What are the names for the colleagues who sit either side of the chairman

Answer 11

Preciding justice

Question 12

How many days do magistrates have to commit to sitting every year

Answer 12

13 days a year

Question 13

What is the average number of sitting by each magistrate

Answer 13

26 half days

Question 14

What is the role of a magistrate in court during a criminal case

Answer 14

Listen to evidence and decide verdict by unanimous or by majority

Question 15

What proportion of criminal cases are heard by a lay magistrate

Answer 15

95%

Question 16

How long can a magistrate sentence someone sue to the Judicial Review and Courts Act 2022

Answer 16

From 6 to now up to 12 months

Question 17

Do magistrates deal with a limited range of civil case or lots

Answer 17

Limited range

Question 18

What do magistrates deal with in civil matters

Answer 18

Family court
Non payment of council tax
Taxes and utility bills
Grant anti-social behaviour orders
Can no longer grant licenses

Question 19

What can magistrates do outside of criminal court

Answer 19

Pass indictable offences up
Arrest war rents
Search warrants
Bail application
Licenses for pubs

Question 20

What sentencing powers do magistrates have

Answer 20

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

Question 21

How are magistrates meant to judge in court

Answer 21

Fairly and impartially
Not show bias

Question 22

Which case showed bias as the magistrates said they believe the work of the police

Answer 22

R V Bingham JJ ex p Jowitt (1974)

Question 23

What is a jury

Answer 23

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

Question 24

What are the basic qualification to be a juror

Answer 24

18-75
Local elector
Resident in the uk for the least 5 years since their 13th birthday

Question 25

Who are disqualified or excused

Answer 25

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)

Question 26

Can lawyers of police do jury service

Answer 26

Yes there is no longer any bar on them

Question 27

what is jury vetting: police checks

Answer 27

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

Question 28

what is jury vetting : background checks (political checks)

Answer 28

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

Question 29

what is jury challenging: to the array

Answer 29

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

Question 30

what is jury challening: for cause

Answer 30

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

Question 31

what is jury challenging: prosecution right to stand by for juror

Answer 31

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

Question 32

what did the Bushell's case (1670) establish

Answer 32

a judge cannot force a particular verdict from a jury - they are free to make their own minds on the evidence presented

Question 33

how much are jurors reimbursed for losr earnings

Answer 33

up to £65 per day and out of pocket expenses

Question 34

when is jury needed

Answer 34

when the d pleads not guilty

Question 35

what is the court that uses a jury

Answer 35

crown court

Question 36

what does the judge do in a criminal case

Answer 36

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

Question 37

what does S8 of the Contempt of Courts Act 1981 say

Answer 37

makes it an offence for anyone to disclose information relating to the discussion of the jury

Question 38

how long do jurors have to decide the verdict

Answer 38

2 hours

Question 39

what is a majority verdict and what are the two ptions for this verdict

Answer 39

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

Question 40

what is jury nobbling

Answer 40

the actual or attempted influence of one or more jury members through intimidation or inducement

Question 41

why was there no justice served in R V Owen (1992)

Answer 41

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

Question 42

why was injustice carried out during the trial of R V Young (1995)

Answer 42

D was cnvicted guilty as 4 jurors contacted the dead using a Ouija board while intoxicated saying D was the killer

Question 43

why was there injustive in R V Blythe (1998)

Answer 43

the jury went againt the judge saying there was no defence and found him not guilty give him the smallest punishment of a fine

Question 44

what percentage of cases do not have a jury

Answer 44

98%