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AQA A-level Law > Lay People > Flashcards

Lay People Flashcards

1
Q

What is a lay person

A

Someone without training or expertise in the area being discussed.

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2
Q

What are the two types of lay people

A

Lay magistrates and juries

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3
Q

Who are lay magistrates appointed by

A

Lord chancellor in the recommendations of local committees

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4
Q

What are the minimum and maximum ages of lay magistrates

A

18-70

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5
Q

How much are magistrates paid

A

Don’t get paid - voluntary role

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6
Q

What formal qualification do magistrates require

A

None

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7
Q

Who assists magistrates in their work in court

A

Legal adviser, Clerk

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8
Q

How many magistrates sit to hear each case

A

3

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9
Q

What must each bench show a mix of

A

Gender, ethnicity, race, age

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10
Q

What is the name of the middle magistrate

A

Chairman

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11
Q

What are the names for the colleagues who sit either side of the chairman

A

Preciding justice

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12
Q

How many days do magistrates have to commit to sitting every year

A

13 days a year

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13
Q

What is the average number of sitting by each magistrate

A

26 half days

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14
Q

What is the role of a magistrate in court during a criminal case

A

Listen to evidence and decide verdict by unanimous or by majority

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15
Q

What proportion of criminal cases are heard by a lay magistrate

A

95%

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16
Q

How long can a magistrate sentence someone sue to the Judicial Review and Courts Act 2022

A

From 6 to now up to 12 months

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17
Q

Do magistrates deal with a limited range of civil case or lots

A

Limited range

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18
Q

What do magistrates deal with in civil matters

A

Family court
Non payment of council tax
Taxes and utility bills
Grant anti-social behaviour orders
Can no longer grant licenses

19
Q

What can magistrates do outside of criminal court

A

Pass indictable offences up
Arrest war rents
Search warrants
Bail application
Licenses for pubs

20
Q

What sentencing powers do magistrates have

A

Includes fines, community service orders, probation orders or a maximum period of 12 months in custody
Can also send cases up to from court if convicted of a either way offence

21
Q

How are magistrates meant to judge in court

A

Fairly and impartially
Not show bias

22
Q

Which case showed bias as the magistrates said they believe the work of the police

A

R V Bingham JJ ex p Jowitt (1974)

23
Q

What is a jury

A

A group of 12 members of the public who are sworn to give a verdict on some matter according to the evidence presented to them in court

24
Q

What are the basic qualification to be a juror

A

18-75
Local elector
Resident in the uk for the least 5 years since their 13th birthday

25
Q

Who are disqualified or excused

A

Disqualified - those serving prison sentences
Excused - full time members of the armed forces or discretionary group
Those who are mentally disordered
Those who show lack of capacity (insufficient grasp of English or a disability)

26
Q

Can lawyers of police do jury service

A

Yes there is no longer any bar on them

27
Q

what is jury vetting: police checks

A

Prosecution and defence are allowed to view the list of jurors, routin police checks are made on prospective jurors to eliminate those disqualified e.g if you have a criminal record

28
Q

what is jury vetting : background checks (political checks)

A

wider check of jurors background and political affiliations ‘ABC’ trial 1978, people charged with collecting secret info led to jury vetted for loyalty
should only happen in exceptional cases e.g terrorist

29
Q

what is jury challenging: to the array

A

given by S5 of the Juries Act 1974 whee it is a challenge to the whole jury that it has been chosen in an unrepresentative or biased way

30
Q

what is jury challening: for cause

A

involves challenging the right of an individual juror to sit on a jury
can be if the juror is disqualified or if the juror knows or is relate to the witness or defendant

31
Q

what is jury challenging: prosecution right to stand by for juror

A

only prosecutors can exercise
allows juror who has been stood by to be put to the end of the list of potential jurors, so that he will not be used on the jury unless there are not enough other jurors

32
Q

what did the Bushell’s case (1670) establish

A

a judge cannot force a particular verdict from a jury - they are free to make their own minds on the evidence presented

33
Q

how much are jurors reimbursed for losr earnings

A

up to £65 per day and out of pocket expenses

34
Q

when is jury needed

A

when the d pleads not guilty

35
Q

what is the court that uses a jury

A

crown court

36
Q

what does the judge do in a criminal case

A

decides matters of law
has power t order an acquittal if he feel the case has not been made out sufficiently
sums up the evidence and explains the law to the jury
reminds the jurors of there duty, burden of proof and standard of proof

37
Q

what does S8 of the Contempt of Courts Act 1981 say

A

makes it an offence for anyone to disclose information relating to the discussion of the jury

38
Q

how long do jurors have to decide the verdict

A

2 hours

39
Q

what is a majority verdict and what are the two ptions for this verdict

A

when the jury comes to a verdict based on majority
stops awkward individuals preventing a decision being made and minimise risk of jury nobbling
11-1 or 10-2

40
Q

what is jury nobbling

A

the actual or attempted influence of one or more jury members through intimidation or inducement

41
Q

why was there no justice served in R V Owen (1992)

A

D killed the driver who killed his son after his release
jury acquitted the case and members of the jror congratulated him on what he had done

42
Q

why was injustice carried out during the trial of R V Young (1995)

A

D was cnvicted guilty as 4 jurors contacted the dead using a Ouija board while intoxicated saying D was the killer

43
Q

why was there injustive in R V Blythe (1998)

A

the jury went againt the judge saying there was no defence and found him not guilty
give him the smallest punishment of a fine

44
Q

what percentage of cases do not have a jury

A

98%

AQA A-level Law (12 decks)

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