LAY PEOPLE

jodieprickett
Mind Map by jodieprickett, updated more than 1 year ago
jodieprickett
Created by jodieprickett over 6 years ago
34
1

Description

Magistrates - appointment, role, qualification, disqualification, training, evaluation

Resource summary

LAY PEOPLE
  1. MAGISTRATES
    1. Advantages
      1. Bench of 3 means less bias
        1. Cheaper than a professional judge
          1. Allows public to involved
            1. Expertise of Clerk, can guide them
            2. Appointment
              1. Nominated to Local Advisory Committee
                1. 2 stage interview
                  1. Then recomended to Lord Chancellor
                    1. 2. Senario based interview
                      1. 1. Character interview
                      2. Nomination/Apply to advert
                    2. Disqualification
                      1. Work with police/Married to a police officer
                        1. Past convictions
                          1. Deaf
                            1. Bankrupt
                            2. Qualification
                              1. Lord Chancellors 6 key qualities
                                1. avaliable 26 half days per year
                                  1. Age 18-65 (serve till 70)
                                  2. Disadvantages
                                    1. inconsistencies of sentencing
                                      1. Make up of bench
                                        1. middle aged/Middle class
                                        2. Biased towards police
                                          1. Too much reliance on clerk
                                          2. Training
                                            1. Self management
                                              1. Time keeping / administration
                                              2. Teamwork
                                                1. Organised by Judical Training Board
                                                2. Role
                                                  1. Hear over 95% of criminal cases
                                                    1. Sumary/Low level either way
                                                    2. Maximum sentence - 12 month/5k fine
                                                      1. Advised by Clerk of court
                                                    3. JURIES
                                                      1. Qualification
                                                        1. Age 18-69
                                                          1. UK resident 5+ years
                                                            1. Electoral register
                                                            2. Disqualification
                                                              1. Armed forces
                                                                1. Mentally disordered
                                                                  1. served a prison term
                                                                    1. 5 years or less - 10 years disqualified
                                                                      1. 5 years + - Disqualified for life
                                                                    2. Role
                                                                      1. Hear evidence in court
                                                                        1. Decide verdict
                                                                          1. Burden of proof - Beyond reasonable doubt
                                                                          2. secrecy
                                                                            1. breach of rules is a crime - Contempt of court
                                                                              1. 1. jurors cant discuss outside jury room
                                                                                1. 2. Not research the case
                                                                                  1. 3. can't make contact with anyone involved
                                                                                2. unanimous vote (10:2)
                                                                                3. Selection at court
                                                                                  1. Police checks
                                                                                    1. Anyone - Widely carried out
                                                                                    2. Backround Checks
                                                                                      1. Only when national security is a concern
                                                                                        1. Authorised by Lord Chancellor - Rare
                                                                                      2. Randomised at court
                                                                                        1. 15 taken in - 3 randomly taken out
                                                                                          1. Challenging
                                                                                            1. To the array
                                                                                              1. If jury looks unbalanced
                                                                                              2. For cause
                                                                                                1. To do with Juror
                                                                                          2. Advantages
                                                                                            1. Decide on conscience not law
                                                                                              1. Unlikely 12 can be bribed
                                                                                                1. Fundamental to open justice - 'Trail by peers'
                                                                                                2. Disadvantages
                                                                                                  1. perverse decisions
                                                                                                    1. juries dont explain verdict
                                                                                                      1. Expensive
                                                                                                        1. Time consuming
                                                                                                      Show full summary Hide full summary

                                                                                                      Similar

                                                                                                      Statutory Interpretation
                                                                                                      Oli Booty
                                                                                                      AS Law Jury Case Quiz
                                                                                                      Fionnghuala Malone
                                                                                                      Delegated Legislation
                                                                                                      Oli Booty
                                                                                                      Carbohydrates
                                                                                                      Jubby
                                                                                                      Contract Law
                                                                                                      sherhui94
                                                                                                      How Parliament Makes Laws
                                                                                                      harryloftus505
                                                                                                      Bowlby's Theory of Attachment
                                                                                                      Jessica Phillips
                                                                                                      A-Level Law: Theft
                                                                                                      amyclare96
                                                                                                      AQA AS LAW, Unit 1, Section A, Parliamentary Law Making 1/3
                                                                                                      Nerdbot98
                                                                                                      A2 Law: Cases - Defence of Insanity
                                                                                                      Jessica 'JessieB
                                                                                                      A2 Law: Special Study - Robbery
                                                                                                      Jessica 'JessieB