Magistrates And Juries

Question 1

Magistrates

Answer 1

-sit as a bench of three
-hear all summary offences and some triable either way
-deal with trails, hear/see evidence, decide guilt and pass sentence
-grant or refuse bail, transfer cases to crown court
-specially trained magistrate work in youth court
-issue warrants for searches/arrests, approve police detention (96h)

Question 2

Six Formal Requirements (Mag)

Answer 2

-aged 18 to 75
-British, Irish or common wealth citizens
-good health
-good hearing
-live close to court
-able to sit 26 half days

Question 3

Six Key Qualities (Mag)

Answer 3

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

Question 4

Two Things They Must Also Do (Mag)

Answer 4

-agree to take the oath of allegiance
-disclose all criminal convictions

Question 5

Selection Process (Mag)

Answer 5

-vacancies are advertised on radio and local paper, applicants complete application form
-first interview with local advisory committee
-second interview involving case studies and background checks are completed

Question 6

Appointment Process (Mag)

Answer 6

Passed to lord chief justice who delegates the function to the senior presiding judge for England and Wales who officially appoints lay magistrates on behalf of current monarch

Question 7

Qualifications Needed (Juries)

Answer 7

-ages 18 to 75
-registered on electoral register
-lived in the uk 5 or more years

Question 8

Role Of Jurors

Answer 8

-work in crown court as panel of 12
-decide on facts of the case based on evidence presented, listen and take notes
- hear judges summing up, discuss case privately before deciding verdict

Question 9

Disqualification Of Jurors

Answer 9

-5 years + in prison
-extended sentence
-life imprisonment
-on bail

Question 10

10 Years Disqualification (Jurors)

Answer 10

-suspended sentence
-community order
-any time in prison up to five years

Question 11

Deferral (Jurors)

Answer 11

Anyone can apply to defer up to 12 months, must be a good reason; exams, operations or pre-booked holidays

Question 12

Excusal of jurors

Answer 12

If they can not manage the trial; poor understanding of English, disabilities, deafness, blindness

Question 13

Challenge For Cause (Jurors)

Answer 13

An individual juror is challenged for a cause/reason; known to a witness or defender or connected to the case (WILSON & SPARSON)

Question 14

Challenge To The Array (Juros)

Answer 14

The whole jury is unrepresentative (ROMFORD JURY) 9/12 lived on the same street

Question 15

Prosecutors Right To Stand By

Answer 15

One juror is put to the back as not to be picked

Question 16

Role Of Jurors In Civil Cases

Answer 16

8 may be asked to sit in deformation, fraud, false imprisonment or malicious prosecution
- in deformation cases juries decide if the defendant is liable or not and how much compensation

Question 17

Advantages Of Juries

Answer 17

1. Public confidence - people have confidence in the fairness of a jury trail
2. Secrecy - ensures the verdict is final
3. Open system of justice - public can trust the legal system
4. Impartiality - not directly involved so have no bias

Question 18

Disadvantages Of Juries

Answer 18

1. Racial Bias - judge based on stereotypes not the law
2. Lack of Understanding - no legal qualifications may lead to wrong decision
3. Jury Tampering - can be paid to give certain verdict
4. Social Media - can influence decision
5. Secrecy - no reason for verdict needed