Magistrates and Juries Flashcards
What must members of the Jury be picked from?
The electoral role
Juries:
Criminal case
- work in crown court
- hear evidence/assess facts
- only hear 1% of criminal cases as 97% are heard in magistrates- remaining 2% when D enters on an early guilty plea in crown court
- jury consists of 12 people
- must make a unanimous decision or at least a majority decision-> no more than 10 to 2 or 11 to 1
- must believe D to be guilty beyond all reasonable doubt
Juries:
Civil cases
- decide on balance of probabilities + whether D has proven case
- if so they decide the amount of compensation to be paid by D to C
- juries are only used in these types of civil cases:
• defamation- damage to persons reputation
• false imprisonment
• malicious prosecution
• fraud
Juries:
Personal injury
- used very rarely only in exceptional circumstances
- H v Ministry of Defence 1991 proves how rarely used: D was a soldier who received negligent medical treatment necessitating the amputation off part of his penis. Court said this was not exceptional enough for a jury
Juries:
Coroners court
- 7-11 members in coroners court jury who enquire into cause of death
- only used if:
• died whilst in custody and cause of death is either unknown or due to violence
• death was caused by a police officer
• death was caused by poisoning or disease
Qualifications to be a juror:
- Set out in Juries Act 1974:
- 18-75 years old
- on electoral role
- resident in UK from birth/ lived there since age of 13 continuously for 5 years
MUST NOT BE:
- Mentally disordered
- Lack of capacity (lack of English/ disability e.g blindness)
- Disqualified- permanent disqualification of disqualification for ten years
Permanent Disqualification:
- Have served a life sentence
- Have been detained at her Majesty’s pleasure ( arrest/bail)
- Imprisoned for public protection
- Extended sentence
- Prison for 5 years or more
Disqualification for ten years:
- Served a sentence for imprisonment
- Suspended sentence
- Community order
Discretionary excusal for:
New parents/holiday/work commitments/exams/illness/disability
What is challenging a jury?
Clerk selects twelve jurors but before sworn in both prosecution and defence have the right to challenge members of that jury
E.g.
To the Array:
- a challenge to remove the whole jury
- R v Fraser: D was ethnic minority and all jurors were white
For the Cause:
- challenge to individual member of jury
- R v Wilson: wife of prison officer was a juror. Jury convicted two Ds for armed robbery however both had been held at her husbands prison. Convictions were quashed
Prosecution Right to Stand By:
- only a right for the prosecution
- out of potential 15 jurors, 3 are allowed to be put at the bottom of the list leaving the preferred twelve to sit as the jury
Advantages of jury trail:
+ public confidence: jury are considered to be part of a democratic society
+ jury equity: do not have to follow acts directed by the judge nor decisions made in previous cases if the case is similar. Decide based on fairness- eg assisted suicide of ill girl
+ Open System of Justice: legal system is open and flexible. justice is often done by members of the public
+ secrecy of the jury room: free from influences and outside pressure
+ impartiality: no bias, prejudices are cancelled out
Disadvantages of jury trail:
- Perverse Decisions: jury can ignore evidence and give wrong decision eg R v Randle and Pottle: D helped spy escape to Russia and wrote a book about it 25 years later. Jury found not guilty as too much time has passed, regardless of the fact the evidence was solid
- secrecy: no way of knowing if jury understands case e.g. jurors used ouija board to ask the victim what happened and decided D was guilty based on that
- bias: some people can be biased towards police/ racist
- Media Influence: high profile cases often subject media coverage which could influence decisions e.g. R v Taylor where newspaper printed false information
What 6 qualifications must lay magistrates have?
- Good character
- Understanding and communication
- Social awareness
- Maturity and sound temperament
- Sound Judgement
- Commitment and Reliability
Who cannot apply to be a magistrate?
- those with serious criminal convictions
- un-discharged bankrupts
- members of armed forces
- police officers and traffic wardens
How is a magistrate appointed?
- Final decision is made by Lord Chancellor
2. Advertisements in local newspapers etc
Advantages of lay magistrates:
+ magistrates bench covers wide sections of society: ethnic minorities
53% women
3% under age of 21
+ local knowledge: patterns of crime/knowledge of area
+ court clerk: may be unaware of severity without clerks advice and they are paid as they’re legally qualified
+ very few appeals:
•short sentences go fast
•1.5 million cases in magistrates
• 11,000 go for appeal
Disadvantages of lay magistrates:
- middle aged, middle class: biased
- prosecution biased: trusting police more without a chance
- inconsistent sentencing: Same offence- different areas different
- reliance of court clerk
