Law Unit 1
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- Created on: 13-05-13 13:05
What is the purpose of the Magistrates Court?
To deal with minor criminal offences involving adult defendants.
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What is the Magistrates Court responsible for?
Issuing arrest and search warrants, deciding on bail, conducting sentencing for trail hearings. Responsible for transferring indictable offences to Crown Court.
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What offences are tried in the Magistrates Court?
Summary offences such as assault and battery, and some either - way offences, such as theft.
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What is the overall court structure for a Magistrate Court?
Magistrates court is the court for initial trial, this then proceeds to the High Court Queens Bench Division/ Crown Court (first appeal court), then from the High Court/Crown to the Court of Appeal and then to House of Lords (Final Appeal Court)
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What is the purpose of the Crown Court?
To deal with serious criminal cases.
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What is the Crown Court Responsible For?
Trying indictable offences such as murder, and some either way offences such as theft. Court is responsible for sentencing where the case has been sent from the Magistrates Court
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How Are Appeals dealt with?
Appeals from the Magistrates Court are dealt with in the Crown Court, Appeals from the Crown Court go to the Court Of Appeal.
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What might the grounds for an appeal be?
Grounds for an appeal might include misdirection of law or facts or failure to refer to a defense. COA will allow an appeal if conviction is unsafe.
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What is the overall court structure for the Crown Court?
Crown Court (Court for initial trial), Progresses to the Court Of Appeal (First Appeal Court) and then to the House Of Lords (Final Appeal Court)
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What are the personal qualities an individual must possess in order to become a Magistrate?
6 general qualities: Good character, Understanding & Communication, Social Awareness, Mature, Sound Judgement (thinking logically) and Communication and Reliability.
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What are the other two things a candidate must do aside from personal qualities, in order to become a magistrate?
Be willing to take the Oath Of Allegiance, and have closed any convictions including motoring offences.
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Who might be ineligible from applying to become a Magistrate?
Those who are members of the police and armed forces, those who may have a spouse or partner who has been convicted of a serious offence.
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How do you apply to become a Magistrate?
Advertisements are often placed when there is a requirement for magistrates, can apply at home or in work by downloaded and submitting an application form.
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What happens to Magistrate application forms once they are submitted?
They are checked to make sure candidates are eligible and and invitation to first interview is sent out by advisory committee.
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What happens after the first interview, during the process of appointing Magistrates?
If successful Magistrates are invited to a second interview where practical examples of cases dealt with are discussed.
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Who are Magistrates appointed by?
Lord Chancellor and Secretary of State on behalf of the Queen.
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What happens during a Magistrates Compulsory Training programme and who is it delivered by?
Delivered by Justices Clerk. Goes through responsibilities and gives 3 days of training including court observations, visit to a prison.
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What is consolidation training?
Training received after a year of serving as a magistrate - includes training on law and procedure.
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What is the role of a Magistrates' Mentor?
To reflect upon a Magistrates knowledge and skills. Magistrates have 6 sessions with their mentor during first year.
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What is an appraisal?
Recieved by Magistrates after first year.
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Give an example of additional training Magistrates might undergo.
After two years magistrates might do specialized training including sitting in either a Youth Court or Family Proceedings Court or training to become chairman of bench.
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How Long Are Magistrates expected to serve for?
26 and a half days per year. 5 years service is normally expected before retirement.
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What is the role of a Legal Advisor?
To explain relevant points of law and procedures to Magistrates and carry out administrative roles during the case.
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What is the role of Magistrates during a trial?
Make decisions based on findings, to commit serious cases to the higher courts, to provide sentence and sometimes sit in Crown court with judge.
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What are the limits Magistrates have on sentencing?
Magistrates are not permitted to impose a sentence of more than 6 months imprisonment or a fine bigger than £5,000.
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What is the Judicial Discipline Regulations 2006?
Deals with complaints about Magistrates conduct. Investigated on behalf of Lord Chancellor.
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How long are Jurors required to serve for?
Normally for a period of two weeks but service continues until trial ends.
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How can an individual make themselves eligible for Jury Service?
By registering themselves onto the electoral roll, making sure they are between 18-70 on day jury service is due to start, make sure they have lived in UK for 5 years after aged 13.
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Why might someone be disqualified from Jury Service?
Individuals may be disqualified if they have ever been sentenced to imprisonment, had a suspended sentence, if they suffer from a mental health disorder or have a guardian under the mental health act.
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What is deferral?
Anyone can apply for deferral of jurt service, for a good reason such as exams, holidays etc. If successful jury service is postponed and carried out later within following 12 months.
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What is Excusal?
Someone can be excused from serving as a juror at anytime. Takes person off jury list for 12 months.
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Who is entitled to Jury Excusal?
Those over 65, those with religious beliefs, members of the armed forced & MP's.
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What is Jury Vetting?
A process involving members being checked before they are selected to serve on jury. Ensures politically attractive verdict and avoids Jurors being biased.
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What is the role of a Jury during a trial?
Simply to return verdicts to guilty or not guilty by applying law to facts explained by the Judges in summing up.
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Why is the Jury always selected randomly?
Because it is independant and should be free from bias.
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What do Juries do after they have heard all evidence in a trial?
See items involved in the crime, and return to jury room to consider their verdict. Can only take in notes made during the trial and these are destroyed at the end as deliberation is secret.
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How is it decided which panel of Jury will sit at what trial?
When a juror arrives at court they go to the assembly area where the court chooses a group at random. usually 15 are called forward for a panel of 12 to ensure no one has a connection with a case they are serving.
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What are Some Disadvantages of Magistrates?
Unrepresentative of Society (disproportionally white and middle aged), Inconsistency in sentences imposed, Sometimes case hardened and biased & Magistrates rely on legal adviser alot.
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What are Some Advantages of Magistrates?
Saves on cost, Possess plenty of local knowledge, saves on availability of judges, reflects society well and possesses public confidence in the system.
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What are Some Advantages of Jurors?
Jury sometimes gives a perverse verdict (e.g Kronlid), usually well racially balanced, encourage public participation as juries are drawn from the public.
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What are Some Disadvantages Of Jurors?
Do not have to give reasoned verdicts which may result in verdicts being given on a whim, not always truly representative of the public, jury service can be distressing for some jurors and some argue jurors possess lack of ability to do the job.
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Other cards in this set
Card 2
Front
What is the Magistrates Court responsible for?
Back
Issuing arrest and search warrants, deciding on bail, conducting sentencing for trail hearings. Responsible for transferring indictable offences to Crown Court.
Card 3
Front
What offences are tried in the Magistrates Court?
Back
Card 4
Front
What is the overall court structure for a Magistrate Court?
Back
Card 5
Front
What is the purpose of the Crown Court?
Back
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