Law unit 1
- Created by: sophiafernandezn
- Created on: 10-05-18 19:55
Selection of a jury
Criminal Justice Act 2003 widens limits the range of people to participate
Juries act 1974
- aged 18-40
- registered in the electoral register
- uk/channel islands citizen for 5 years atleast from the age of 13
- not mentally disordered
Disqualifications
Disqualifications for life
- Life imprisonment
- detention under majestys pleasure
- sentence of 5 years or more or youth custody
- bail for a criminal offence
- certain extended sentences in Scotland
Disqualification for 10 years
- bail
- any suspended sentence
- community orders/rehabiliation/any set order
Mental disorder
- suffers a mental problem and has to regularly see doctor
- menta health act 1983- has a guardian over them
- court decides if they are mentally capable
- can be physically disabled- such as being deaf.
Defferal or excusal
Deferral- can defer for 12 months(through application)
- exams
- holiday
- operation
if denied can appeal to the head of bureau- home office found 3/4 of deferrals were for work commitments or holidays
Excusal- requires another random selection of the bureau
- been on jury service for the previous two years
- full time army
- 65+
- religious beliefs
- certain medical professions
- mp/s/eruo mp's
lawyers and police are no excused
Role of a jury
- 12 set for trial
- decide verdict- guilty or not guilty
- deciding the facts and applying the law
- should be unanimous- but can be 11:1 or 10:2 in special cases
- unpaid except for expenses for travel and compensation for loss of earnings
Selection/Qualification of a juror
Selected at the electoral roll by the Jury Central Summoning Bureau ust be registered by the parliamentary elector or local gov elector
Vetting
- CRB check- automatically conducted to assess qualification against juror criteria
- Authorised Jury Check can involve special branch check/security services check- only authorised by attorney genderal and should only be cases involving the national security
Divided
groups of 15 to court- court clerk selects 12 randomly to serve on a particular trial
Challenging a jury
Challenge to the array- bias or unrepresenative (1993 Rumford Jury) 9/12 from Romford
Challenge for the cause- challenging the right. Disqualified, related to the d?
Prosecution ight to stand can put juror at end of list- wont be used unless there isnt enough.
Selection of a magistrate
1) Advertisement for application vacancies advertised in public places to attract working class people
2) First Interview nominations sent to experienced mags in the local advisory committee
3) Second Interview
- given 2 captial case scenarios
- judgement on certain applications analysed
- Lac looking for balanced judgement
Role of a Magistrate
- unpaid judges
- 3 chosen to hear summary offences at the mags court
- not legally qualified
- recieve training to help them
- 30,000 lay mags
- 98% criminal offences
6 key qualities: Character Communication Understanding Maturity and sound temprament Social awareness, Sound judgement and reliability
Age
- 21+
- rare to be appointed until 27
- oldest 65
- Oath of Allegiance
- dont need to be british, certain occupations illegible/impartial(police/armed forces)
Must disclose criminal/civil claims(e.g divorce), advisory committe- public dont have confidence then he cant be a mag
Training of a mag
Initial Training- basics, set to court with two official mags
Mentoring- gets specially trained mag to mentor/guide them. Formal mentor sittings in the first 12-18 months- mag will review his learning+training needs
Core Training- visits to penal institutions/and or observations take place to prepare for first appraisal
Consolidation Training- builds on learnings
First appraisal- 12-18 months after appointment, see if mags fits compotencies. If succesful, mag deemed fully component
Summary of criminal courts
Mags Court
- trial court, dont hear appeals
- summary/either way offences
- send appeals on conviction or sentence to the crown court
- send appeal to the point of law to the high court
Crown Court
- trial and appeal court
- summary/either-way offences
- hears appeals on conviction or sentence (rehears the trial)
- send appeals to the court of appeal on conviction or sentence
High court
- hear appeals from mags on point of law
- send appeals to the supreme court if of great importance
Supreme court- only hears appealsof great importance
Advantages and disadvantages of a jury
Advantages
- jury equity- believe its right (ponting)
- public confidence- 100 years, democratic
- Trial system- representative of society, unbiased and impartial- law accesible to jury
Disadvantages
- preverse decisions- randle and pottle- self confessed spy- jury didnt convict because of 75 year gap
- Alleged incompotence- fraud cases too hard rosehill committee- should be tried by a judge and two accessors
- High Accuital rates- less middle class and professional people in the jury
directed accquital- prosecution not strong enough to continue the case
Advantages and disadvantages of magistrates
advantages cost-
- unpaid judges, salary over 100,000 each
- court makes profit from fines
- annual saving of £100m
local knowledge
- can take local problems into account- drug act 2005 those charged with drug offences, given treatment, paul v dpp kerb-crawling a problem in area
public confidence
ordinary people, active citizenship with the justice system
disadvantages
unrepresentative of society- disproportianately white middle class professionals, 50% aged 60+ most d's under age 25
Case hardened biased very similar relationships with police- bingham
reliance on legal advisors- not qualified so rely too much on legal advisors
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