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

?
How many lay magistrates work in England and Wales?
Approximately 17,000
1 of 74
What are lay magistrates also known as?
justices of the peace
2 of 74
Are there any special qualifications needed to be a magistrate?
no
3 of 74
What are the 6 formal requirements in becoming a magistrate?
- aged 18-65 on appointment and must retire at 70
- british, irish or commonwealth citizen
-in good health
-live close/in area of court
-have satisfactory hearing
-able to sit for 26 half days a year
4 of 74
What are the 6 key qualities that are looked for in becoming a magistrate?
- good character
- understanding + communication
- social awareness
- maturity + sound temperament
- sound judgement
- commitment + reliability
5 of 74
Who outlined these?
Lord Chancellor
6 of 74
What must prospective magistrates also do?
- agree to take the oath of allegiance
- disclose all criminal convictions + civil orders e.g. divorce
7 of 74
When would certain people not qualify in becoming a magistrate?
if job would lead to conflict of interests e.g. police officers
8 of 74
What are the four stages in selecting a magistrate?
- vacancies advertised on radio + in local newspapers, applicants complete form

-first interview with local advisory committee

-second interview if successful

-background checks completed
9 of 74
How many new lay magistrates are appointed a year?
approximately 700
10 of 74
How are lay magistrates appointed?
-LAC compile shortlist and send it to lord chief justice who delegates function to senior presiding judge who appoints magistrates on behalf of queen
11 of 74
Why are magistrates appointed to a particular court?
In order to reflect the local community to allow representation of the area in terms of gender, age and ethnicity.
12 of 74
What is the traditional image of the judiciary?
older white men
13 of 74
What is the composition of the magistrates now in terms of gender, ethnicity and disability?
Gender - 53% female (more than any other judiciary branch e.g. 32% district judges women)
Ethnicity - 11% of ethic minority as compared to 5% of professional judges and advertising has recently including targeting key groups that are less well represented
14 of 74
How do magistrates sit?
A bench of three - including one experienced chair magistrate
15 of 74
How many criminal cases begin in the magistrates court?
All criminal cases
16 of 74
What percentage of criminal cases are fully dealt with in the magistrates court?
97%
17 of 74
What offences are heard in the magistrates court?
All summary and some triable either way
18 of 74
What three things do magistrates deal with in trials?
Hear/see evidence, decide on guilt, pass sentence
19 of 74
Who are magistrates assisted by?
Legal advisor
20 of 74
What is their role?
legally qualified, advises on point of law, procedure and sentencing
21 of 74
What can magistrates grant or refuse?
bail
22 of 74
Where can they transfer cases to?
crown court
23 of 74
Where can specially trained magistrates work?
youth court
24 of 74
What age of offenders go here?
10-17
25 of 74
What might magistrates be asked to do outside of court hours?
to issue police warrants for search or arrest
26 of 74
What might they be asked to do at the police station?
approve further detention
27 of 74
How long would this be for maximum?
96 hours
28 of 74
Where do the rules about who can/cannot be on a jury come from to ensure jurors are not disqualified?
Juries Act 1974

Criminal Justice Act 2003
29 of 74
What are the qualifications in becoming a juror?
Aged 18-70,
Registered on electoral register,
Resident in UK for 5 or more years since 13.
30 of 74
When will members of the jury be disqualified?
Where they have been sentenced to:
- 5+ years in prison
- An extended sentence
- Life imprisonment
-On bail
31 of 74
When will members of the jury have a 10 year disqualification?
Following:
- A suspended sentence
- A community order
- Any time in prison up to 5 years
32 of 74
What is deferral?
Anyone can delay jury service for up to twelve months.
33 of 74
What must a juror have to do this?
Good reason.
34 of 74
What are some examples of this?
Exams, operation, pre booked holiday.
35 of 74
What is excusal?
A person doesn't need to do jury service if they could not manage the trial.
36 of 74
What are some examples of where this is possible?
Insufficient understanding of english, disability, deafness.
37 of 74
What is the process of the jurors being selected for a case?
Selected at random by Jury Central Summoning Bureau.

Summons / letter received by post informing the person they must attend for jury service on given date.

15 people randomly selected at court from assembly room and 12 chosen from that group.
38 of 74
What are the three ways jurors may be challenged by the prosecution or defence?
Challenge for cause

Challenge to the array

Prosecution right to stand by
39 of 74
What does challenge for cause mean?
When an individual juror is challenged for a cause or reason.
40 of 74
What examples could be used?
The juror is known to a witness or the defendant or is connected to the case.
41 of 74
What is a case for this?
Wilson & Sprason.
42 of 74
What does challenge to the array mean?
The whole jury is unrepresentative.
43 of 74
What case shows this?
Romford Jury.
44 of 74
Why were the jury a problem in this case?
9 out of 12 lived on the same street.
45 of 74
What does prosecution right to stand by mean?
One juror is put to the back so as not to be picked.
46 of 74
As their is no formal appointment for juries what must they do once selected?
Swear an oath to make their decision fairly.
47 of 74
Approximately, how many people are summoned to jury duty each year?
50,000
48 of 74
When could a juror be prosecuted and fined up to £1000 under the Criminal Justice Act 2003?
If a juror ignores the summons,
Is unavailable through drink/drugs,
Is absent without good reason.
49 of 74
What does the Criminal Justice Act 2003 allow professions to do?
Serve as jurors as long as there is no conflict of interest in the case they serve on.
50 of 74
What professions are included?
Policemen, lawyers, judged, clergy.
51 of 74
Who was the first judge to be picked for jury service under these new rules?
Lord Justice Dyson.
52 of 74
What three cases question the fairness of having police officers serve as jurors?
R v Abdroikof

R v Green

R v Williams (2007)
53 of 74
What court do jurors sit in when a defendant pleads not guilty in a criminal case?
Crown Court
54 of 74
How many are on the panel?
12
55 of 74
What is the main role of the jury in a criminal case?
Decide on the facts of the case based on evidence they are presented with.
56 of 74
What may the jury do in the trial?
Listen to evidence and make notes.
57 of 74
What do they do before discussing the case privately?
Listen to the judge's summing up.
58 of 74
What does the Contempt of Court Act 1861 say about the jurors?
Anything discussed amongst the jurors cannot be disclosed.
59 of 74
What are they not allowed and what does this ensure?
Mobile phones / computers to ensure secrecy.
60 of 74
What else must they not do?
Musn't research case online or base decision on anything other than the evidence in court.
61 of 74
What do juries aim for with the verdict?
Unanimous verdict of guilty / not guilty.
62 of 74
After two hours, what can be accepted about the verdict?
Majority of 11:2 or 10:2.
63 of 74
What is the role of the foreman?
Elected to announce the verdict in open court and no reason is given.
64 of 74
What is the judge's role with the verdict?
Cannot change verdict.
65 of 74
What does s44 Criminal Justice Act 2003 state?
Where there is evidence of the jury tampering, the trial may be heard by the judge alone.
66 of 74
What case can be used here?
R v Twomey.
67 of 74
How many jurors sit in a civil case?
8
68 of 74
What are four examples of civil matters where there will be a jury?
Defamation,
Fraud,
False imprisonment,
Malicious prosecution.
69 of 74
What act contains the rules for using juries in civil cases in high court cases?
Senior Courts Act 1861
70 of 74
What act contains the rules for using juries in civil cases in county court cases?
County Courts Act 1984
71 of 74
What act contains the rules for using juries in civil cases in coroner inquests?
Coroners and Justice Act 2009
72 of 74
What do the juries decide in defamation cases?
Whether the defendant is liable or not and how much compensation should be awarded.
73 of 74
Why may the juries be required to sit in a coroner's court?
To consider cases involving unexplained deaths.
74 of 74

Other cards in this set

Card 2

Front

What are lay magistrates also known as?

Back

justices of the peace

Card 3

Front

Are there any special qualifications needed to be a magistrate?

Back

Preview of the front of card 3

Card 4

Front

What are the 6 formal requirements in becoming a magistrate?

Back

Preview of the front of card 4

Card 5

Front

What are the 6 key qualities that are looked for in becoming a magistrate?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all English Legal System and Law Making Paper 1 resources »