Criminal Courts & Lay People

Criminal Courts & Lay People

1. juries

   • eligibility
     • on the electoral role
     • aged 18-75
       • criminal justice and courts act 2015
     • lived in the uk for 5 years since 13
     • lawyers, police now allowed to serve
       • criminal justice act 2013
   • 10 year ban
     • criminal conviction
     • jury misconduct
   • disqualification
     • life sentence
     • in an institution
     • 5+ year sentence
   • deferral
     • booked a holiday
     • self employed and would harm business
   • R v Abdroikof presence of police officer found late and no conflict of evidence was not bias
   • 10-2 majority needed
     • deliberate evidence
     • foreperson delivers verdict
     • only allowed to speak of case with all 12 jurors in deliberation room (R v Young)
   • hung jury when no verdict can be reached, retrain ordered with new jury
   • judge cannot direct to convict (Bushells case)
   • advantages
     • increases public confidence
     • prevents abuse of power by state
     • attempts to be representative by random selection
     • private decision making, free from influence

2. magistrates

   • key qualities
     • social awareness
     • reliable and committed
     • good character
     • mature and sense of fairness
     • understand documents, follow evidence and communicate
     • think logically
   • aged 18-65
   • selected by senior presiding judge delegated role by lord Chief Justice
   • undergo rigorous training when appointed
   • sit in benches of 3 hearing summary some triable
   • issues warrants, bail
   • mode of trial, sentence guilty D's
   • sit at least 26 half days a year
   • expected to serve for at least 5 years
   • unqualified

3. disadvantages

   • expensive and slow
   • no legal knowledge may not understand point of law
   • unpopular duty to do
   • may be influenced by bias, jury nobbling

4. courts of first instance

   • crown court
     • hears indictable and some triable
     • jury and a crown court judge
     • appeals from magistrates
     • appeal to high court without leave
   • magistrates
     • 3 lay mag
     • hear youth court
     • some civil cases
     • hear all summary some triable depending on whether they accepted jurisdiction in mode of trial
     • hear plea before venue
     • D's election
     • appeal to crown court on pol/conviction without leave

5. types of offences

   • summary
     • least serious eg. assault
     • 6 months 1 offence 12 months 2+
     • mag court
   • indictable
     • most serious eg.murder
     • up to life
     • crown court
   • triable either way
     • crown or mag
     • mode of trial
       • mag will decide in triable cases whether to send to crown or proceed to D's election
     • D's election
       • D will decide for case to be heard in crown (higher acquittal) or mag (lesser sentence)
     • mid way offences eg. theft

6. sentencing

   • aims
     • public protection
     • deterrence
     • punishment
     • rehabilitation
     • reparation
   • factors
     • first time offence
     • weapon use
     • victim vulnerability
     • type of offence
     • plead guilty
   • non custodial
     • community service
     • fine