Lay People And Criminal Courts Flashcards
(46 cards)
What does lay mean?
Someone with training and has no legal qualifications
What are the 2 types of lay people
Lay magistrates (Justice of peace)
Juries
How many magistrate are there in the UK and who are they appointed by?
18,000 appointed by lord chancellor
What age do you have to be to become a lay magistrate?
18-70 with no criminal convictions
How many people sit in a lay magistrate panel and what are they called?
3
Middle= presiding justice
Sides= wingers
How many days do they sit for per year?
Sit 13 days
Average sitting 26 half days
What is the role of lay magistrates in criminal court?
Listen to evidence carefully, the facts and the law process this to make their decisions
Lay magistrate can seek legal advice help on matter of law. Who announces the decision and which case?
Chairman
R V Bingham JJ ex
Which type of lay magistrates can help in youth courts
Specially trained/experiences that deal with youngsters
What do lay magistrates do in a crown court?
Sit with professional judges. 2 magistrates can outvote the judge
What is the power of lay magistrates?
Not but paid but can claim £500
Sentencing power including fines, community service and probation
Expected to act fair
R V Bingham JJ ex P Jowitt- chairman was biased
What is the role of jurries
Decide if defendant is guilty/not
How are juries notified and what age must they be?
Through letter and 18-75
Who was the age increased by to become a jury
criminal Justice and Courts act
When are you not eligible for Lay magistrate?
Being a
Police officer
Armed force
Disability
Lack of English
Serious record
Jurrors are selected what are the 2 types of selection?
Vetting= checking for criminal record
Challenges= Challange for cause eg knowing D
What courts do they jurrors attend?
Attend in triable either away offences and indictable offences if D pleads Not guilty
What is the S8 contempt of court act
Offence to disclose information before and after jury’s verdict
When 12 members are not able to agree, what does the judge let them have?
Majority verdict - 11:1 or 10:2
Advantages and disadvantages of lay magistrates?
Advantages:
-Public confidence in trials- PAUL V DPP
-Limited number of appeals against conviction
-Cost- claim £500per year
-Representative eg genders and ethnicity
Disadvantages:
-appeals against sentencing
-Bias towards police and prosecution shown in R V BINGHAM
-Influence by clerk- legal advice for mag
Advantages and disadvantages of jury
Advantages:
-general discussion- with jury. Judge has confidence in jury
-Judge equity- jury make their own decision without a given reason behind
R V Blythe (grew cannibis to help mother) R V Owen (revenge on son death)
Impartiality= selected random to remove bias
Disadvantages:
Media influence= news put D trial at risk, unfair
-secrecy unclear picture of verdict
R V young (used ouiji board)
-Civic duty- people might not want to take part
Criminal courts- what are the 3 classifications for courts
Summary- less serious
Triable either way- middle range
Indictable- serious harm
Where is each classification held in which court and give examples?
Summary- Mag court | assualt/battery
Triable- Pretrial at mag/ serious at crown | Theft/Murder
Indictable- Crown court | Murder/manslaughter
What is the jurisdiction of Magistrate Court?
Arrest + search warrant
Bail applications
Sending for trial at summary offence + some either way offences
