9084 · 1.3.3
Lay personnel flashcards
Revision flashcards for Cambridge 9084 Lay personnel (syllabus 1.3.3). Flip, recall, then mark a real past-paper question.
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Lay magistrates' role?
Unpaid volunteers; try 95%+ criminal cases — summary and either-way; advised by legally qualified clerk.
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Magistrates' sentencing powers?
Up to 6 months per offence (12 months total for consecutive sentences), unlimited fine; may commit to Crown Court for sentence.
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Jury qualification?
18–75, on electoral register, resident 5+ years since 13; disqualified if certain criminal records.
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Jury verdict?
Unanimous preferred; judge may accept 10:2 majority after minimum deliberation time.
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Advantages of lay participation?
Democratic legitimacy, community values, local knowledge, check on state power, and significant cost savings.
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Disadvantages?
Inconsistency, lack of legal training, unrepresentative (age, ethnicity), media influence on juries, and potential for perverse verdicts.
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What are the 'six key qualities' for magistrates?
Good character; understanding and communication; social awareness; maturity and sound temperament; sound judgement; and commitment and reliability.
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What is a majority verdict in a jury trial?
A verdict agreed upon by a majority of jurors, not all of them. Under the Juries Act 1974, a judge can accept a verdict of 11-1 or 10-2 after at least two hours of deliberation. This helps prevent a 'hung jury' or jury nobbling.
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What is the role of the legal adviser in the Magistrates' Court?
A legally qualified professional who advises the lay magistrates on points of law, practice, and procedure. They cannot participate in the decision-making process but ensure the law is applied correctly. Their role is to assist, not to direct the decision (*R v Eccles Justices, ex parte Farrelly*).
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What are the three main categories of criminal offence in England and Wales?
1. Summary offences (least serious, tried by magistrates). 2. Triable-either-way offences (can be tried in either Magistrates' Court or Crown Court). 3. Indictable offences (most serious, tried in the Crown Court before a judge and jury).
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What training do lay magistrates receive?
Initial core training (approx. 21 hours), mentored sittings with an experienced magistrate, and a formal appraisal within the first 12-18 months. They also have ongoing training and development to maintain competence.
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What is a 'challenge for cause' regarding a juror?
A challenge made against an individual juror, arguing they are not suitable to sit on the jury for a specific reason, such as being disqualified or showing bias. This is decided by the judge.
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What is a 'perverse verdict'?
A verdict given by a jury that is contrary to the evidence and the judge's direction on the law. It can be an acquittal despite strong evidence of guilt, sometimes seen as the jury exercising its conscience. Example: *R v Ponting (1985)*.
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What was the significance of *AG v Dallas (2012)*?
It highlighted the danger of jurors using the internet for research. A juror was sentenced to 6 months' imprisonment for contempt of court after researching the defendant online and sharing the information with other jurors, causing the trial to collapse.
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What are the two types of jury vetting?
1. Routine police checks to see if any potential juror is disqualified due to a criminal record. 2. Authorised checks on a juror's background and political affiliations, which are rare and only allowed in exceptional cases (e.g., national security) with the Attorney-General's permission.