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Lay people- Magistrates+Juries, Lay-unqualified, If person is on bail they…
Lay people- Magistrates+Juries
Lay magistrates
Sit as unpaid, part-time judges in the Magistrates’ Courts-Justices of the Peace.
Qualifications
26 half days per year
Live or work near area
Aged between 18-65
Key qualities include good character and sound awareness
Disqualifications
Member of the armed forces
Undischarged bankruptcies
Relatives of armed forces or police officers
Serious criminal conviction
Disability
Appointment
The appointments are made by the Lord Chief Justice from recommendations made to him by the Local Advisory Committees
1,500 new lay magistrates are appointed each year
Role
97% of criminal matters
All summary matters
Some triable either way matters
First hearing of indictable matters
Sentence up to 6 months/ £5,000 fine
Preliminary matters such as plea before venue, and Early Administrative Hearings
Issuing arrest and search warrants
Sit on appeals in the Crown Court
Specially trained Magistrates can sit on the Youth Court
Jurisdiction
Magistrates’ courts have limited jurisdiction
Ordinarily the maximum sentence of the court is a maximum fine of £5,000 and/or 6 months imprisonment (2 x 6 months for two TEW matters)
The court was given new powers to issue much higher penalties on offenders who have committed ‘Level Five’ offences in 2015 (under LASPO). Level 5 offences include, for example:sale of alcohol to children
Lay juries
Qualifications are set out in the
Juries Act 1974
Aged between 18 and 75
Registered on the electoral register
Ordinary resident in the UK, Channel Islands for 5 years
Disqualifications
For life:
A person who has been given a life sentence
A person given Detention during Her Majesty’s Pleasure
A person who has been given a custodial sentence of 5 years or more years
For 10 years:
A person who is given a custodial sentence of less than 5 years were passed
A person who has received a suspended sentence
Anyone given a Community order
Others reasons for not completing jury service:
Right of excusal
Pregnant,armed forces,exams
Discretionary excusals
People who can't/won't
If you don't turn up £1000 fine
Mentally disordered persons
Those considered ineligible due to lack of capacity
Disabled
Jury selection
Twelve chosen at random in court by the clerk.
In court 15 chosen at random from the jury pool to go into the courtroom
150 summonses sent out per court every two weeks as most juries sit for two weeks;
Court official selects the names randomly from the electoral register
Checks made on juries
Vetting-police background checks
Challenge
Both the prosecution and defence are allowed to see the list of jurors before a trial start. They are allowed, in certain circumstances to challenge one or more members of the jury. There are three types of challenges:
For cause-Challenging an individual juror due to connection with case or incapacity
Right to stand by-Challenge to a single juror-no reason needs to be given
Challenge to the array-challenging the whole jury
Role
The jury listen to the evidence and the summing up by the judge and agree to an conculsion-guility or not guilty
Only used in approximately 1% of Crown Court cases
Used for all indictable and some triable either way offences
Only used when defendant pleads not guilty
Jury have to decide whether the defendant is guilty or not guilty
The judge decides the sentence NOT the jury.
Advantages
Jury Equity/Perverse Verdicts
Balance Against the State
Racially Balanced
Public Participation/Confidence
Disadvantages
Perverse Verdicts
Secrecy
Influence on Juries
Unrepresentative
Lack of Ability
Lay-unqualified
If person is on bail they are exempt for that time frame