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Legal System 2: Lay People (Magistrates), Juries, Legal Personnel
Fichas del conjunto (32)
- 1Lay 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.
- 2Lay People Lay Magistrates What can a single magistrate do?Issue search warrants, warrants for arrest and conduct Early Adminstarive Hearings.
- 3Lay 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 - 4Lay 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.
- 5Lay 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] - 6Lay 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. - 7Lay 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 - 8Lay 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 - 9Lay 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. - 10Juries Which historic case established the independence of the jury?Bushell's Case
- 11Juries Which is a modern case that demonstrates that judges must respect juries independence?R v McKenna (1960)
- 12Juries What percentage of criminal trialsa re heard by juries?2% -
94% dealt by magistrates
2 out of 3 plead guilty - 13Juries 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 - 14Juries 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 - 15Juries Who is disqualified for 10 yearsAnyone 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. - 16Juries 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. - 17Juries 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 - 18Juries What are the two types of "vetting"?Police checks
Wider background check
National security
Terrorist cases - 19Juries 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 - 20Juries 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.
- 21Juries 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 - 22Juries What are the advantages of jury trial?Public confidence
Jury equity (Ponting's case (1984))
Open system
Secrecy of jury room
Impartiality - 23Juries What are the disadvantages of jury trialPerverse 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 - 24Juries 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 - 25Juries What are the alternatives to trial by jury?Trial by single judge
Pannel of judges
Judge and lay assessors
Mini jury - 26Legal Personnel Barristers What are the components of the Bar Professional Training CourseCase preparation - legal research
Written skills
Opinion writing
Drfating documents - such as claim forms
Conference skills
Negotiation
Advocacy - 27Legal Personnel Barristers What is advocacy ?-The art of speaking court on behalf of another; conducting the case as teh legal representative of another.
- 28Barristers What is emant by the "right of audience"?The right to persent a case in court on behalf of another.
- 29Legal Personnel SolicitorsCan 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 - 30Legal 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 - 31Legal 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 - 32Legal 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
Información
- Descripción
- Set of flashcards for 13 Lay People 14 Juries 15 Legal Personnnel
- Creado por
- Usuario eliminado · mar 2019
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- 7 mar 2019
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- Creado por Stuart Halford · 7 mar 2019
- Copiado por Stuart Halford · 7 mar 2019
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