Criminal Courts and Lay People

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What is the appeal route of the defence from the magistrates court?
The defence can appeal on sentence or conviction, and they can appeal to the high court where they will be tried by a district judge and two magistrates, this is a retrial where the court reviews evidence again.
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What is the route of appeal from the magistrates court by way of case stated
From the magistrates court, appeals can be made by way of case stated to the divisional court on a point of law. From there, appeals can be made to the supreme court on points of general public importance
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What is the appeal route from the crown court?
From the crown court, the defence can appeal on sentence or conviction to the court of appeal with permission from a judge. This is usually the final appeal option, except on points of law of general public importance
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When can the prosecution appeal?
They can appeal on sentence or conviction, they can appeal an unduly lenient sentence and in the Crown Court they can appeal against conviction only if the jury has been nobbled or if there is new and compelling evidence
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Name the 6 qualities a magistrate should have
Good character, Understanding and communication, Social awareness, Maturity and sound temperament, Sound judgement, Commitment and reliability
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What are the requirements for a magistrate?
Ages 18-65 (though can retire at 70), commit 26 half days per year, possess the 6 qualities, live locally
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What disqualifies someone from being a magistrate?
Criminal conviction, bankruptcy, ineligible if they are in the police or armed forces
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How are magistrates selected?
There would be an advertisement, followed by filling out an application form (online or hard copy, checked by LAC), interview 1 and 2, and then appointment (LAC submits successful candidates to lord chief justice, and they are sworn in)
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Describe the training of magistrates
They are trained on three major competences (managing yourself, working as a team member, making judicial decisions), introductory training (sitting with experienced mags), mentoring, core training, appraisal (checking 12-18 months in to the role)
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Role of magistrates before trial in summary offences
Decide bail under Bail Act 1976, make decisions on funding aid, carry out pre-trial review
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Role of mags at the trial in summary offences
Hear evidence from both sides, retire to reach a verdict on guilt/innocence as a majority/unanimous decision, ask legal advisor for advice on points of law
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Role of mags after trial
Decide sentence with reference to maximum sentencing powers depending on each court
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Role of mags in either way offences
Mode of trial hearing review to decide whether to send to CC, and if not the same process as summary offences occurs
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Qualification of juries
Age 18-70, lived in the UK for 5 years since they turned 13, registered to vote
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Disqualification/discharge
On bail, permanently disqualified if they have a criminal conviction over 5 years, temporary ban for 10 years for any sentence, mental health problems. Discharged if there is a physical disability or poor understanding of english
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Deferal
If there is pre-booked commitment orholiday
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Excusal
Members of the armed forces, people who have recently been in a long/distressing trial, members of parliament or doctors, people over 65
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Initial selection of jurors
JCSB select pool from electoral roll at random, letters are sent advising selected people to do if they cannot attend, disqualified people must disclose or there is a fine, and failure to show up is an offence
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Jury waiting room
From the initial pool 15 are chosen for each case, and then once they are in the court room the names are again randomly selected to reach a final 12
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Stand by for the crown
Removes inappropriate juror where jury vetting has been completed
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Challenge for cause
If there is a good reason why the juror should not serve e.g. if they know the defence
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Challenge to the array
This is where both sides may challenge the whole jury panel, because it is not representative of the community, e.g. Romford jury case
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R v Mirza
Where someone was bullied in the jury room, however the courts couldnt intervene because the jury room is secret
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R v Young
The jury used a ouija board between days of trial, which could be investigated because it was outside the jury room. If it were inside, they couldnt do anything
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Card 2

Front

What is the route of appeal from the magistrates court by way of case stated

Back

From the magistrates court, appeals can be made by way of case stated to the divisional court on a point of law. From there, appeals can be made to the supreme court on points of general public importance

Card 3

Front

What is the appeal route from the crown court?

Back

Preview of the front of card 3

Card 4

Front

When can the prosecution appeal?

Back

Preview of the front of card 4

Card 5

Front

Name the 6 qualities a magistrate should have

Back

Preview of the front of card 5
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