English Legal System and Law making - Paper 1 (Lay People)

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  • Created by: chloefyf3
  • Created on: 24-06-22 13:58
What are the two types of lay people?
lay magistrates
&
juries
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Approximately, how many lay magistrates work in England and Wales?
17,000
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What are lay magistrates also known as?
justices of the peace
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Are there any special qualifications needed to be a magistrate?
no
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What are the six formal requirements in becoming a lay magistrate?
- aged 18-65 on appointment (must retire at 70)
- british, irish or commonwealth citizen
- in good health
- live close to / in area of court
- have satisfactory hearing
- able to sit for 26 half days a year
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Who outlined the six key qualities in becoming a lay magistrate?
the lord chancellor
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What are the six key qualities in becoming a lay magistrate?
- good character
- understanding and communication
- social awareness
- maturity and sound temperament
- sound judgement
- commitment and reliability
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What two things must prospective magistrates also do?
- agree to take the oath of allegiance

- disclose all criminal convictions and civil orders e.g divorce
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Why may certain people not qualify and give examples?
if their job may lead to a conflict of interests e.g police officers
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What is the process of the selection of lay magistrates?
- vacancies advertised on radio and in local newspapers
- applicants complete application form
- first interview with local advisory committee (consists of local people including some magistrates)
- if successful there is a second interview involving case
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Approximately, how many new lay magistrates are appointed each year?
700
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What is the process of the appointment of lay magistrates?
- local advisory committee compiles a shortlist and passes it to lord chief justice
- they delegate function to senior presiding judge for england + wales who officially appoints lay magistrates on queen's behalf
- magistrates appointed to particular cour
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What is the traditional image of the judiciary?
older, white men
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What percentage of magistrates are now women?
53%
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How does this percentage compare to other branches of the judiciary?
more than any other branch of judiciary

22% high court and above judges
32% district judges
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Who are ethnic minorities better represented than and include percentages?
the professional judiciary

11% of magistrates compared to 5% of professional judges
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What has advertising for lay magistrates in recent years targeted with examples?
targeted key groups that are less well represented

in the carribean times
the asian times
the muslim news
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What percentage of magistrates have a disability?
4%
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What does the bench consist of in criminal cases?
a bench of three (including one experienced chair magistrate)
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Where do all criminal cases begin and what percentage are fully dealt with here?
begin in the magistrates court

97%
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Which offences do magistrates hear?
all summary offences
&
some triable either way offences
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What three things do magistrates do in criminal cases?
hear / see evidence

decide on guilt

pass sentence
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Who are magistrates assisted by and what is their role?
legal advisor

- legally qualified
- advise on points of law, procedure and sentencing
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What is the role of magistrates in relation to bail applications?
can grant / refuse bail
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Where can magistrates transfer cases to?
the crown court
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Where can specially trained magistrates work and what offenders are here?
youth court

offenders aged 10-17
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What may magistrates also be asked to issue and also approve?
asked (even outside of normal court hours) to issue police warrants for search / arrest

approve further detention at police station (maximum 96 hours)
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What two acts contain the rules about who can / cannot be on a jury?
Juries Act 1974
&
Criminal Justice Act 2003
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What are checks carried out to ensure about jurors?
to ensure jurors are not disqualified
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What are the three necessary qualifications in becoming a juror?
- aged 18-70

- registered on electoral register

- resident in the UK for 5 years or more (since the age of 13)
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What are four examples of when a juror will be disqualified?
when they have been sentenced to:

- 5 + years in prison
- an extended sentence
- life imprisonment
- on bail
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What are three examples of when jurors will have a ten year disqualification?
following a :

- suspended sentence

- community order

- any time in prison (up to 5 years)
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What is deferral?
anyone can apply to defer (delay) their jury service for up to 12 months
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What must there be in order for someone to defer their jury service with examples?
a good reason

e.g exams, operation, pre booked holiday
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What is excusal?
a person does not need to do their jury service if they could not manage the trial
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What are two examples of when someone may excuse them self from jury service?
- insufficient understanding of english
- disability e.g deafness
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How are jurors selected and by who?
at random

by the jury central summoning bureau
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What will the juror receive by post and what will this inform them about in the process of being selected and appointed?
a summons (letter)

informs a person that they must attend for jury service on a given date
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At court, how many people are randomly selected and where from?
15 people

from the assembly room
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How many are then chosen from this group?
12
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What are the three reasons jurors may be challenged by the prosecution or the defence?
challenge for cause

challenge to the array

prosecution right to stand by
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What is challenge for cause?
when an individual juror is challenged for a cause / reason
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What is a case example for challenge for cause and what happened in this case?
wilson & spranson

- known to witness / defendant
- is connected to the case
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What is challenge to the array?
when the whole jury is representative
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What is a case example for challenge to the array and what happened in this case?
romford jury

- nine out of twelve lived on the same street
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What is prosecution right to stand by?
when one juror is put to the back so as not to be picked
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Is there a formal appointment for juries?
no
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Once selected what must jurors do and what does this result in?
must swear an oath to make their decision fairly

enables person to serve
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Approximately, how many people are summoned to jury duty each year?
50,000
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What are three reasons where a juror will be prosecuted and fined?
- if a juror ignores the summons

- if a juror is unavailable through drink or drugs

- if a juror is absent without good reason
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How much will a juror be fined as a result and what act is this limit under?
up to £1000

under the Criminal Justice Act 2003
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What does the Criminal Justice Act 2003 allow certain professions to do (include the as long as) and give examples of these professions?
allows professions e.g police officers, lawyers, judges and the clergy to serve as jurors as long as there is no conflict of interest in the case they serve on
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Who was the first judge to be picked for jury service under these new rules?
lord justice dyson
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What three cases have questioned the fairness of having police officers serve as jurors?
R v Abdroikof

R v Green

R v Williams (2007)
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If the defendant pleads not guilty, where do the juries work and as a panel of what?
crown court

as a panel of 12
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What is the role of the jury in a criminal case?
to decide on the facts of the case based on evidence they are presented with
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During the trial, what can the jury do?
listen to evidence and may make notes
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What do the jury listen to before discussing the case privately?
the judge's summing up
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What does the Contempt of Court Act 1981 say about jurors?
anything discussed amongst the jurors cannot be disclosed
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What are jurors not allowed to ensure secrecy?
mobile phones / computers
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What must jurors also not do with evidence that is not to do with the evidence in court?
must not research the case online or base their decision on anything other than the evidence in court
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What verdict should juries aim for?
unanimous guilty or not guilty
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After two hours, what verdicts are accepted?
majority of :
11:1
10:2
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What is the role of the elected foreman?
to announce the verdict in open court and no reason is given
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What can the judge not change even if they disagree?
the verdict
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What does s44 Criminal Justice Act 2003 state and what case is an example of this?
where there is evidence of jury tampering, the trial may be heard by the judge alone

R v Twomey
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How many members will a jury consist of in a civil matter?
8
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What are four examples of these civil matters juries may be asked to sit on?
- defamation

- fraud

- false imprisonment

- malicious prosecution
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In what three acts (and which courts) are the rules for using juries in civil cases contained in?
the Senior Courts Act 1981 (for high court cases)

the County Courts Act 1984 (for county court cases)

the Coroners and Justice Act 2009 (for coroner inquests)
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In defamation cases what two things will the jury decide on?
whether the defendant is liable or not

if so, how much compensation should be awarded
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Where may jurors also be required to sit in with cases involving unexplained deaths?
a coroner's courts
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Other cards in this set

Card 2

Front

Approximately, how many lay magistrates work in England and Wales?

Back

17,000

Card 3

Front

What are lay magistrates also known as?

Back

Preview of the front of card 3

Card 4

Front

Are there any special qualifications needed to be a magistrate?

Back

Preview of the front of card 4

Card 5

Front

What are the six formal requirements in becoming a lay magistrate?

Back

Preview of the front of card 5
View more cards

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