Criminal Courts & Lay People

juries
1. eligibility
  1. on the electoral role
  2. aged 18-75
    1. criminal justice and courts act 2015
  3. lived in the uk for 5 years since 13
  4. lawyers, police now allowed to serve
    1. criminal justice act 2013
2. 10 year ban
  1. criminal conviction
  2. jury misconduct
3. disqualification
  1. life sentence
  2. in an institution
  3. 5+ year sentence
4. deferral
  1. booked a holiday
  2. self employed and would harm business
5. R v Abdroikof presence of police officer found late and no conflict of evidence was not bias
6. 10-2 majority needed
  1. deliberate evidence
  2. foreperson delivers verdict
  3. only allowed to speak of case with all 12 jurors in deliberation room (R v Young)
7. hung jury when no verdict can be reached, retrain ordered with new jury
8. judge cannot direct to convict (Bushells case)
9. advantages
  1. increases public confidence
  2. prevents abuse of power by state
  3. attempts to be representative by random selection
  4. private decision making, free from influence
magistrates
1. key qualities
  1. social awareness
  2. reliable and committed
  3. good character
  4. mature and sense of fairness
  5. understand documents, follow evidence and communicate
  6. think logically
2. aged 18-65
3. selected by senior presiding judge delegated role by lord Chief Justice
4. undergo rigorous training when appointed
5. sit in benches of 3 hearing summary some triable
6. issues warrants, bail
7. mode of trial, sentence guilty D's
8. sit at least 26 half days a year
9. expected to serve for at least 5 years
10. unqualified
disadvantages
1. expensive and slow
2. no legal knowledge may not understand point of law
3. unpopular duty to do
4. may be influenced by bias, jury nobbling
courts of first instance
1. crown court
  1. hears indictable and some triable
  2. jury and a crown court judge
  3. appeals from magistrates
  4. appeal to high court without leave
2. magistrates
  1. 3 lay mag
  2. hear youth court
  3. some civil cases
  4. hear all summary some triable depending on whether they accepted jurisdiction in mode of trial
  5. hear plea before venue
  6. D's election
  7. appeal to crown court on pol/conviction without leave
types of offences
1. summary
  1. least serious eg. assault
  2. 6 months 1 offence 12 months 2+
  3. mag court
2. indictable
  1. most serious eg.murder
  2. up to life
  3. crown court
3. triable either way
  1. crown or mag
  2. mode of trial
    1. mag will decide in triable cases whether to send to crown or proceed to D's election
  3. D's election
    1. D will decide for case to be heard in crown (higher acquittal) or mag (lesser sentence)
  4. mid way offences eg. theft
sentencing
1. aims
  1. public protection
  2. deterrence
  3. punishment
  4. rehabilitation
  5. reparation
2. factors
  1. first time offence
  2. weapon use
  3. victim vulnerability
  4. type of offence
  5. plead guilty
3. non custodial
  1. community service
  2. fine

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	Criado por Josie Troop quase 2 anos atrás