Paper 1.4 - Magistrates and Juries Flashcards
English Legal System
What is a magistrate?
An unpaid and unqualified judge, who sits in a bench of 3 in Magistrates’ court.
What classification of offence do magistrates hear?
All summary, some triable either way.
What are the main jobs of a magistrate hearing a case? (2)
Run court proceedings.
Decide guilt & sentence.
TRUE OR FALSE: Other roles magistrates have include listening to bail applications, sitting in youth court and issuing arrest and search warrants.
True.
What are the age requirements to become a magistrate?
18 - 74 years old (until 75).
What ages do magistrates tend to be?
Middle-aged / older, due to unpaid nature.
What are the 6 key qualities a magistrate should have?
Good character
Understand & communication
Social awareness
Sound temperament
Sound judgement
Commitment and reliability.
(GUCSSS)
How many times a year do magistrates need to serve?
26 half days a year.
What four characteristics can prevent people from becoming a magistrate?
Serious criminal conviction
Undischarged bankruptcy
Poor health
Job affects duty (eg police)
TRUE OR FALSE: Due to the diverse range of advertising efforts, the bench of Magistrates is extremely well-represented.
FALSE: although ethnic and gender groups are similar in terms of proportion, age and social class remains a big divide for the bench.
What does the LAC stand for?
Local Advisory Committee.
Who appoints magistrates?
Senior Presiding Judge, based on recommendations form the Local Advisory Committee.
When a potential magistrate meets the initial criteria, the Local Advisory Committee will give you a first interview. What is its purpose?
Judge whether you have the six qualities as well as get your opinion in speeding, youth crime and drugs.
Once a magistrate applicant has passed the first interview, they face a second interview. What is its purpose and what happens if they pass?
Tests judicial skills with sentencing activities. If passed, the LAC recommends the candidate to the Senior Presiding Judge.
What is the role of a magistrates’ clerk?
A clerk is a solicitor or barrister that helps the magistrates traverse and understand the law. They do not assist in deciding the verdict.
What is a jury?
A jury is a group of twelve people selected randomly by the electoral register employed in criminal Crown Court cases to reach a verdict on the defendant’s guilt.
Initially, what vote count from the jury is required for the verdict to pass?
Unanimous / 12:0.
If a jury cannot reach a unanimous verdict, what is the minimum vote count a judge will accept?
10:2.
What happens in the event that the jury cannot reach the minimum vote count for a verdict?
The jury is declared hung and a retrial takes place.
In the event that a juror is unable to continue (eg illness), what is the new minimum vote count for a jury?
10:1.
TRUE OR FALSE: Only 12 people are allowed in the jury room at a time.
FALSE: Under the Police Crime Sentencing & Courts Act 2022, a BSL interpreter may be allowed in if one of the jurors is deaf.
Apart from Crown court, what other court are juries allowed to sit in?
Coroner’s court.
What Acts set out what traits a juror must have? (2)
Criminal Justice and Courts Act 2015
Juries Act 1974.
What are the age requirements for a juror?
18-75 years old.
What is a discretionary excusal, in terms of jury service?
If jury duty clashes with a holiday, medical appointment or exams, it can be deferred. The juror must then specify when they can sit in the next year.
What length prison sentence disqualifies you from becoming a juror?
5 years and up.
What sentencing aim convicts are disqualified from jury service? (Deterrence, Punishment, Public Protection, Reform, Reparation)
Public Protection.
What three punishments leads to a 10 year jury service ban?
Custodial sentence
Suspended sentence
Community order.
How many jurors may be called upon for a jury?
Up to 150 (depending on court size).
What are the two types of checks done on all jurors?
Police check - ensure the candidate is not disqualified
Wider background check - checks political stance.
Why are wider background checks done on jurors?
To ensure they have no ties to anyone in the case.
How many jurors will be in court before the announcement cutting their numbers to 12?
15.
What section of what Act gives the defence and prosecution the right to challenge a juror’s selection after they are sworn in?
s5 of Juries Act 1974.
What are the three challenges that can be made to jury members who have been sworn in?
To the array
For cause
Right to stand by (pros. only).
What is a ‘to the array’ challenge?
It is when the prosecution or defence challenges the selection of the jury due to it being unrepresentative. (EG in 1993, a jury at the Old Bailey consisted of 9 people who lived on the same street).
What is a ‘for cause’ challenge?
It is when the prosecution or defence challenges an individual juror because they violate the selection guidelines (eg knowing a member of the case).
What is the prosecution’s right to stand by?
The prosecution has the right to remove unsuitable jurors eg illiterate / mentally challenged. The defence must agree to their proposal.
What is a perverse verdict?
When the jury thinks a D is guilty / not guilty but votes opposingly because they believe he deserves that verdict.
In the case of Kronlid, d vandalises a plane headed to attack the people of East Timor. What happened next?
The jury acquitted them because they had the power of perverse verdicts.
The jury room is sworn to secrecy after a judge’s summary of the case. Why can this be a bad thing?
We don’t know if the jurors are deciding the verdict in a fair manner.
In the case of Young, the Court of Appeal quashed D’s conviction after the jury did what?
Used a Oujia board to contact the victims.
In the case of Karayaka, a retrial was ordered after a juror did what?
Searched the internet for results relating to the case.
Name four advantages of juries.
EG
D is tried by peers
Jury room is private (away from political pressure)
Biases are cancelled by volume
Selection process is diverse.
Name four disadvantages to juries.
EG
Perverse verdicts might be too much power
Jury room secrecy means they may not understand evidence
Subject to long delays, even retrials
Media influence (eg Lucy Letby)
