lay people and juries

• lay magistrates


  these are unpaid, part time judges who have no legal qualifications and hear cases in the magistrates courts
• six qualities for lay magistartes

  - good character

  - understanding and communication

  - social awareness

  - maturity and sound temperament

  - sound judgement

  - commitment and reliability
• local advisory committees


  membership must be published. committees should have a maximum of 12 members and these should include a mixture of magistrates and non magistates
• appointment


  local advisory committee recommend for appointment by lord chief justice or anyone who the LCJ has delegated this power
• role of magistrates


  - deal with all summary offences

  - deal with tribal either way offences

  - deal with remand and bail

  - transfer indictable cases to the crown court

  - youth court, family court, appeals in the crown court.
• jury


  a body of people (typically twelve in number) sworn to give a verdict in a legal case on the basis of evidence submitted to them in court. are aged between 18 and 75. they listen to the judge on points of law
• jury disqualification


  - imprisonment for life

  - detention during your majesty's pleasure

  - imprisonment for public protection

  - a term of imprisonment for more then 5 years
• jury disqualification for 10 years

  - at any time in the last ten years served a sentence of imprisonment

  - at any time in the last 10 years had a suspended prison sentence passed

  - any time in the last 10 years had a community order passed
• discretionary execusals


  if serving as a juror is not possible, and there are no periods over the following 12 months when you would be able to attend court as a juror, you may apply for a discretionary excusal
• mentally disordered


  under the criminal justice act 2003 people who suffer from mental illness are not allowed to do jury service
• judges on jury service

  in June 2004 a judge was summoned to attend as a juror judges are not allowed to do jury service
• lack of capacity


  a judge may discharge someone for lack of capacity to deal with the trial
• vetting


  routine police checks are carried out on prospective jurors
• challenging for the array


  challenges the whole jury
• challenging for cause


  challenges an individual right
• challenging the prosecutions right to stand by

  juror will not be used unless there is not enough jurors
• majority verdicts


  if after 2 hours a verdict has not been reached the judge can call them back and ask for a majority verdict
• split function


  trials is presided over by a judge and the functions are split between the judge and the jury. judges decides points of law and jury decides guilty or not guilty
• Bushell's case 1670


  several jurors refused to convict quakers of unlawful assembly. house of commons ordered the release of the jurors in holding as they could not be punished
• criminal justice act 2003


  defines a mentally discorded person who should not serve on a jury
• juries act 1974


  sets out the qualifications for a jury member
• Regina v Abdroikove, Green and Williamson 2007


  examined the issue of jury composition, specifically considering the desirability of serving police officers or solicitors employed by the CPS serving on a jury trial
• Hanif and Khan v the UK 2012


  a police officer on the jury knew the prosecution police witnesses. it was particularly important as the evidence was crucial against the defendant. the case went ahead anyway. ECHR ruled that police officers on a jury breached the right to a fair trial
• R v Crown court at Sheffield, ex parte Brownlow 1980


  D was a police officer and defence sought permission to vet the jury panel for convictions. judge gave permission but C of A said this was unconstitutional
• R v Mason 1980


  chief constable of Yorkshire had been allowing widespread use of unauthorised vetting C of A approved this type of vetting