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Flashcards by Deleted user, updated more than 1 year ago
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| Question | Answer |
| Lay People Lat Magistrates What is a lay magistrate? | An unpaid, part-time judge who has no legal qualification who hears cases in the Magistrates' Courts. |
| Lay People Lay Magistrates What can a single magistrate do? | Issue search warrants, warrants for arrest and conduct Early Adminstarive Hearings. |
| Lay People Lay Magistrates What are the six key qualities a candidate needs to be a magistrate. | Good character Understanding and Communication Social Awareness Maturity and Sound Temperament Sound Judgement Commitment and Relaibilty |
| Lay People Lay Magistrates What are the formal age restrictions to be a Magistrate? | Be between age 18 and 65 on application but can sit until 70. |
| Lay People Lay Magistrates What are the geographical and time restrictions? | Lay magistrates are expected to live within or near a local justice area and sit 26 half-days a year. [only paid expenses] |
| Lay People Lay Magistrates Who cannot become a lay magistrate? | Those with serious criminal convictions Undischarged bankrupts Members of the forces Police officers and traffic wardens Relatives of those working in criminal justice system. |
| Lay People Lay Magistrates What is the appointment system? | Recomendation by local advisory committee. Adverts try to encourage a wide range of candidates - open evenings. Two satge interview panels - case study examples |
| Lay People Lay Magistrates What is the training process for new magistrates? | Syllabus - initial training - organisation, administration, roles and responsibilities. Core training - develop key skills Observations of sittings Training sesssions - will as as "winger" to hear cases. First two years mentoring process |
| Lay People Lay Magistrates What is the role of the Magistrates Clerk? | Qualified barrister or soliciter with 5 years experience. Guides magistares on law, practice and proceedure. Does not assist with decision. |
| Juries Which historic case established the independence of the jury? | Bushell's Case |
| Juries Which is a modern case that demonstrates that judges must respect juries independence? | R v McKenna (1960) |
| Juries What percentage of criminal trialsa re heard by juries? | 2% - 94% dealt by magistrates 2 out of 3 plead guilty |
| Juries What are the basic qualifcations for a juror? | Set out in Juries Act 1974 Aged between 18 - 75 Register Parliamentary or Local Elector Resident in UK for 5 years before 13th birthday |
| Juries Who is permanently disqualified from jury service? | Those imprissioned for life Detention during HMP or pleasure of Secretary of State Imprissioned for public protection Extended sentence Imprissioned for 5 years or more |
| Juries Who is disqualified for 10 years | Anyone who in last 10 years have served time in prison. Anyone in last 10 years who had suspended sentences passed on them. Anyone in last 10 years with community order or community sentence. |
| Juries What are the three definitions of a mentally disordered person found in the CJA 2003 that means disqualification from jury service? | A person who suffers mental illness, psychopathic disorder, mental handicap or severe mental handicap and is resident in hospital or institution or attends traetmentment. Person under guardianship s7 Mental Health Act Person determined incapable of administering their affairs. |
| Juries Who can be excused jury service? | Can be put back to alter date Illness or disability Mother with small baby Business appointments Examinations Holidays that ahve been booked £1000 fine for non attendance |
| Juries What are the two types of "vetting"? | Police checks Wider background check National security Terrorist cases |
| Juries In what ways can the prosecution of defence challenge the jury composition. | To the array - s5 Juries Act (unrepresentative) Foe cause - must point out valid reason Prosecution can "stand by" - doesn't need to give reason |
| Juries What is a directed acquittal? | A judges decision that there is insufficient prosecution evidence to allow the case to continue. Jury directed to find not guilty. |
| Juries Describe what is meant by majority verdict? | 2 hours no unanaomous decision can accept majority. 10:2 or 11:1 Jury cannot go below 9. 20% convictions by majority each year |
| Juries What are the advantages of jury trial? | Public confidence Jury equity (Ponting's case (1984)) Open system Secrecy of jury room Impartiality |
| Juries What are the disadvantages of jury trial | Perverse decisions (R v Randle & Pottle) Secrecy ( R v Mizra) - exception to secrecy (R v Young (Steven) (1995)) Racial bias (Sander v UK (2000)) Media Influence (R v Taylor & Taylor (1993)) Fraud trials complex Tampering (KS v R (2010)) High acquital rate |
| Juries What are the main point of comparison between juries and lay magistrates? | Both use cross section of society (lay magistrates often middle aged - middle class) Local knowledge in juries (juries much broader cross section) Cost - if judges not magistrates would cost £100 million per year) Jurors - no training |
| Juries What are the alternatives to trial by jury? | Trial by single judge Pannel of judges Judge and lay assessors Mini jury |
| Legal Personnel Barristers What are the components of the Bar Professional Training Course | Case preparation - legal research Written skills Opinion writing Drfating documents - such as claim forms Conference skills Negotiation Advocacy |
| Legal Personnel Barristers What is advocacy ?- | The art of speaking court on behalf of another; conducting the case as teh legal representative of another. |
| Barristers What is emant by the "right of audience"? | The right to persent a case in court on behalf of another. |
| Legal Personnel Solicitors | Can work for a firm or for organisation Must belong to Law Society Have to pass legal training course and do two year training contract Do mostly office-based work - can present at Magistrates' or County Court Represented by Solicitors Regulatory Authority |
| Legal Personnel Legal Executives What does a legal executive do? | Work in a solicitors firm or other legal organisation. Have to pass Professional Higher Diploma in Law and work for 5 years Do straightforward work - limited rights of audience Represented by CILEx |
| Legal Personnel Who are Queen's Counsel? | Barristers of 10 years standing Solicitors with higher rights of advocacy can become Queens' Counsel Do more complex cases |
| Legal Personnel What is the Legal Obbudsman? | Hera compliants about regulatory bodies' failure to deal property with clients complaints. Can order appology, refund, reduction in legal fees, compensation |
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