Lay people

• Jury selection


  The Juries Act 1974 and The Criminal Justice Act 2003- Jury central summoning central bureau

  • Chosen through the electoral register
  • Must be 18-75, lived in the UK for more than 5 year

  Disqualification

  • On bail/remand
  • Been given a custodial sentence in the past 10 years
  • Ever served or given a life sentence
  • Probation in the past 5 years

  Deferrals

  • Wedding day/ pre-booked holiday
  • Work
  • Career

  Can be up to 12 months deferral, Juries Act s.9

  Excusals

  • Cannot speak or understand English
  • Constant career or important job

  Failure to do so can cause a fine, s.20
• How many jurors are chosen before the trial begins?

  15 jurors
• What happens to the jurors after they are chosen before the trial?

  They are taken into a separate room
• How many additional jurors are chosen to be taken into the courtroom?

  12 jurors
• What must jurors acknowledge regarding their involvement in the case?

  If they know anyone involved in the case
• Can lawyers suggest jurors during the selection process?

  Yes, but they must not take advantage
• What case established that lawyers should not take advantage when suggesting jurors?

  R v Ford
• What happens to jurors after they are chosen?

  They are sworn or affirmed
• What can jurors do during the trial?

  They can take notes and ask questions
• What is 'voire dire' in the context of a trial?

  When evidence is not appropriate for the case
• What does the judge do at the end of the trial?

  The judge sums up the case
• What happens after the judge sums up the case?

  The jury is sent out for deliberation
• Where do jurors go after the trial for deliberation?

  Into a separate private room
• What is the role of the foreman in the jury?

  The foreman is chosen to lead the jury's deliberation
• What type of decision must the jury come to during deliberation?

  The decision must be unanimous in the first two hours
• What happens if the jury cannot reach a unanimous decision within the first two hours?

  They can then decide by majority
• What legal act prevents jurors from disclosing information about the case?

  Contempt of court act
• What case illustrates the consequences of disclosing case information?

  R v Frail
• What happens after the jury reaches a decision?

  The foreman announces the decision in court
• Advantages of Juries 


  • Well-established process
  • democractic
  • good mix of society
  • Prejudices can be rubbed off
  • Private area to deliberate
  • Not case-hardened
  • Anonymous
  • High majority needed
• Disadvantages of jury 


  • Prejudices can still present
  • Easy to defer
  • Lack legal knowledge
  • Do not need to give reason behind decision
  • To easily convinced
• Selection of Magistrates


  Under the Local Advisory Committee, The Peace and Justice act

  • Applications can be found online or from the local court
  • Have to be local to the court, 18-65 and apply to the "needs of the local bench"
  • 2-step interview process, will identify if they have the 6 good qualities of a Magistrate
  • reliability, sound temperament, time-keeping and fairness
  • If they make it through the interview process they will be viewed under the Lord Chancellor who will make the final decision.
  • Once appointed they will undergo compulsory training and work 27 1/2 days a year, for no pay
• Where are all summary offences heard?

  In the magistrates court
• What types of cases are considered summary offences?

  Speeding and assault or battery cases
• How many magistrates typically decide on a summary offence case?

  Three magistrates
• What is the maximum sentence a magistrate can impose for a summary offence?

  Up to 6 months in prison or a £5,000 fine
• What is an either-way offence?

  An offence that can be held in either court
• Who decides whether an either-way offence is held in the magistrates court or the Crown court?

  The defendant decides
• What happens if the court deems it appropriate for an either-way offence?

  The defendant is offered to hold the case in their court
• What can the magistrates court do for either-way offences?

  Refer it to the Crown court or impose a sentence of 6 months in prison or a £5,000 fine
• What are indictable offences?

  Crimes that begin with a plea case and bail/remand hearings
• What types of cases are often held by the magistrates court in civil law?

  Many family cases
• What power do magistrates have regarding search warrants?

  They can sign search warrants and grant entry to premises
• What are the key roles of magistrates in the legal system?

  • Hear summary offences
  • Decide on either-way offences
  • Begin proceedings for indictable offences
  • Handle many family law cases
  • Sign search warrants and grant entry to premises