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17 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Juries |
•1% of Criminal cases are heard on indictment in the Crown Court, with a jury •96% + in Mag court and in many of the remainder there is a guilty plea or the prosecution offers no evidence, meaning that the case collapses • A jury is also used occasionally in the Coroner's Court to decide the cause of a death and extremely rarely in civil cases |
Lay Juries |
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Independence of the Jury |
Bushell's Case - Established that the jury are sole arbiters of fact and the judge cannot challenge their decisions |
Lay Juries |
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Qualification of a juror |
Juries Act 1974 to qualify must be: •Age 18 and 75 increased by Criminal Justice and Courts Act 2015 •Registered as a parliamentary or local government elector •Ordinary resident in the UK |
Lay Juries |
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Disqualified as a Juror |
•Imprisonment for life, detention for life or custody for life •Detention during Her Majesty's Pleasure or during the pleasure of the Secretary of State •Imprisonment for public Protection •Extended Sentence •Imprisonment of 5 years •Bail •CJA 2003 mentally disordered people • Members of the force Disqualified for 10 years • Sentence • Suspended sentence • Community Order |
Lay Juries |
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Discretionary Excusals |
•Illness •Small baby •disability •hoilday •exams DEFERRED - given future date only for up to a year £1000 fine for non attendence |
Lay Juries |
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Qualification |
•May discharge a person for Lack of Capacity •Can't understand English or blind Randomly selected from electoral register by the Central Jury Summoning Bureau •However they can be Vetted or Challenged |
Lay Juries |
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Vetted |
•Wider background check - invasion of privacy for jury •Prosecution right to stand by (Put to one side) jurors •Police Checks - Check for Criminal •Convictions - R v Crown Court at Sheffield •Was 'Unconstitutional' and a 'serious invasion of privacy' - Not sanctioned by Juries Act 1974 |
Lay Juries |
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Challenged |
To the array - don't want none of them because don't live in Romford for example For cause - If you know defendant you have right to leave Prosecution right to stand by - Can choose whom leaves the jury without question, Race gender |
Lay Juries |
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Criminal Cases |
•Decide verdict •Required to be 'Certain' of guilt in order to convict •Beyond reasonable doubt •12 members |
Role of a Jury |
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Majority Verdicts |
•Judge asks to come to a Unanimous verdict. Means all 12 must agree •2 hours judge can call back to explain and will accept a majority verdict of 11:1 or 10:2 •20% of verdicts each year are by a majority |
Role of a Jury |
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Secrecy |
•Must be secret special room provided •Newspapers used to pay jurors for 'their story'. •However, this total ban means that we cannot discover whether jurors have understood the evidence in complex cases |
Role of a Jury |
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Advantages |
•Public Conference Ponting's Case leaked information •Jury Equity - Fairness with heart Owen Man ran over sin while texting only got a motor sentence Owen got a gun and tries to kill him - not guilty •Secrecy - free from pressure and protected from outside verdict •Open System of Justice - Ordinary members of the public can watch •Impartiality - Different prejudices and so should cancel out each others' biases and anonymous and amorphous |
Jury |
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Disadvantages |
•Perverse Decisions - Vote against the law R v Randle and Pottle Helped a spy to escape prision. R v Kronlid caused 1.5 Mil damage to a plane. •Secrecy - No reasons have to be given so don't know if they understand. R v Mirza asked for an interpreter but didn't need one. •Racial Bias - 12 still may have pregities can affect the verdict. Sander v UK •Media Influence - True in high profile cases R v West • Juries and the Internet - 12% admitted they used the Internet Criminal Offence to search internet on case your on. •Lack of Understanding - Worry if juries can understand survey carries out in 1992 • Jury Tampering - Friends of the D may try to interfere with the jury including bribes |
Jury |
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Role |
G - Good Character S - Social awareness C - Commitment and Reliability U - Understanding & Communication M - Mature & Sound temperament S - Sound Judgement - Sound Judgement - Sound Judgement |
Magistrates |
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Qualifications |
No formal qualifications to become a Magistrates however, they must possess the six stated criteria published by the dept of Constitutional Affairs Restrictions •Not aged 18 to 65 •bankrupt •disability •small number of professions police force •close relations |
Magistrates |
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Selection |
•Apply directly to the Local Advisory Committee •Interview by the LAC which is made up of current or ex magistrates and local dignitaries •GSCUMS identified •Attitudes examined on issues like youth crime or drink driving •Second interview is Scenarios •Then if successful appointed by the Lord Chancellor on behalf of and in the name of the Queen |
Magistrates |
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Training |
•Have to swear by the Oath of Allegiance •Under go training for the whole time mag •Judicial College is reap on Sible for their training as well as regional Court Board areas •The Justice's Clerk and is usually responsible for delivering the training and a local Magistrates Area Training Committee sets an agreed training plan each year (Not all training is suitable for all mahistrates) •Sometimes training is organised through weekend courses at uni with magistrates from the region attending •4 or 5 training events a year |
Magistrates |
