The criminal courts and lay people- lay magistrates, juries and evaluation

Question 1

What are some suggestions for the reforms to the jury service?

Answer 1

-training
-less jurors
-reasons for verdict

Question 2

What are some advantages of jury service?

Answer 2

1. ordinary members of public involved so conscious decisions rather than law (no pressure by judge- bushells case)
2. representative
3. no external influence.

Question 3

What are some disadvantages of jury service?

Answer 3

1. no reason for decision- difficult to appeal
2. no training
3. do they understand law- did they come to decision for right reason?

Question 4

Function of a jury?

Answer 4

-assist by considering evidence and deciding guilt/ vs no guilt

-1% of cases

Question 5

What is a unanimous verdict?

Answer 5

-must aim for everyone to agree
-CJA 1967- majority decision allowed.
-counteract tampering/ retrials

Question 6

What is a majority verdict?

Answer 6

-if jury has been deliberating for 2/more hours.
-prevent tampering of bribe/threat
-if jury below 9 start again.

10-2 , 11-1

Question 7

What is a lay magistrate?

Answer 7

-jPS’s
-12,000
-work in bench of 3- 2 wingers + chairman.
-97% crim
-deal with administrative matters

Question 8

What do lay magistrates do in criminal courts?

Answer 8

-decide bail
-hear summary+either way
-mode of trial hearings
-extend detention period

Question 9

What do lay magistrates do in youth court?

Answer 9

-addit training for youth court panel
-one man, one woman, all u65.

Question 10

What do lay magistrates do in appeals?

Answer 10

-crown court to hear mags appeals w/judge

Question 11

What do lay magistrates do in terms of legal advisers/

Answer 11

-assisted by a clerk (legal adviser)- advise on practice and procedure- not decision.
-S/B for 5 years to qualify.