People in the Law

Lay People

Juries

3.1 An understanding of the following:

3.1.1 Qualification and selection

Qualifications

Outlined in the Juries Act 1974, jurors must meet the following three qualifications:

• Jurors must be aged between 18 and 70
• They must have been a resident in the UK for a minimum of five years since the age of 13
• They must be entered on the electoral register

Selection

The following list quickly shows us how you are selected

• Jurors are selected at random from the electoral register, by computer at the Central Summoning Bureau.
• If summoned, jury service is a legal obligation
• Twelve names will be selected by ballot in court.
• A juror may be challenged if they are known to anyone in the court or there is other cause (ie being bias)
• Jurors are sworn in

3.1.2 Disqualification, discharge and deferral

Disqualification

If they fulfill any of the following criteria in the diagram bellow, then they are disqualified for the given time

Discharge

This is when a juror has been selected for jury service, but he lacks the capacity to fulfill his role as a juror. Examples of when a juror can be discharged can be found in the diagram bellow

Deferral

A juror can ask to has his service as a juror deferred (put of to a later date) within good reason (such as having exams). More examples of when a juror can be deferred can be found in the diagram bellow

3.1.3 The role of juries in criminal and civil cases

The diagram bellow summaries perfectly and concisley what you need to know about the jury's role in both criminal trials and civil trials

*3.2.4 Evaluation

You technically do not need to know this for your exam (as it is not on the syllabus), but you may get a question (potentially 6 marks) on the pros and cons of juries. 

The diagram bellow gives you good, key information that you can concise down to key words

Lay Magistrates

3.2 An understanding of the following:

3.2.1 Selection and appointment

Selection

Know the following points:

• Applicants apply to the Local Advisory Committee
• They must fulfill the criteria set out int the Justice of the Peace Act 1997:
• - applicants must be aged between 18 and 70 (65+ are unlikely to be appointed)
• - the must live or work within or near to the local justice area to which they are allocated
• - certain professionals are ineligible, including members of the police service (as they may be bias)
• - applicant with criminal convictions or bankrupts may be disqualified 
• Applicants must have the six key qualities:
• - good character
• - understanding and communication
• - social awareness
• - maturity and sound temperament
• - sound judgement
• - commitment and reliability
• Applicants undergo a two-stage interview process
• - the first one finds out if they have the six key qualities and if they meet the criteria explained above
• - the second one consists of practical decision-making activities

Appointment

Candidates who pass both interview process' follow the following points to be appointed. This is very simple, and has a lot less content that selection:

• The Local Advisory Committee will pass a list of candidates onto the Lord Chief Justice
• The Lord Chief then recommends them for appointment by the Lord Chancellor

3.2.2 Their role in criminal, civil, administrative and appeal cases

Criminal cases

• They hear 97% of all criminal cases
• They deal with all stages of the case
• They hear bail applications
• They decide if the defendant is guilty or not guilty
• - they decide the sentence if the defendant if found guilty
• They are advised on the law by a Magistrates Clerk (who is usually legally qualified) who is responsible for (training, court administration and paperwork)

Civil cases

They deal with civil matters which include:

• The enforcement of debts owed to the utilities, which include:
• - non-payment of the council tax
• -non-payment of television licences
• The refusal of a local authority to grant licences (eg sale of alcohol)

Administrative cases

• They carry out many administrative tasks
• - bail hearings
• - granting arrest and search warrants
• - transferring indictable offences to Crown Court
• committals for sentence to the Crown Court, if they find a defendant guilty, but their sentencing powers are insufficient 

Appeal cases

• Lay Magistrates' sit in the Crown Court to hear appeals from the Magistrates' Court
• They then form a panel of two lay justices and one qualified judge and retry the case

*3.2.3 Evaluation

You technically do not need to know this for your exam (as it is not on the syllabus), but you may get a question (potentially 6 marks) on the pros and cons of lay magistrates. 

The diagram bellow gives you good, key information that you can concise down to key words

Legal professionals

Solicitors and Barristers

3.4 An understanding of the training, work and role of solicitors and barristers

Solicitors

Training

The diagram bellow summaries' perfectly how the training required to become a solicitor

Work

• Solicitors are governed by the Law Society
• Solicitors can pick and choose their clients and refuse to advise or represent them
• Solicitors only have an automatic right of audience in the inferior courts (Magistrates and County)
• Solicitors usually work in partnerships
• Solicitors are employed directly by the client for a contractual fee

Role

• They advise their clients and can represent them in the inferior courts

Barristers

Training

The diagram bellow summaries' perfectly how the training required to become a solicitor

Work

• Barristers are governed by the Bar Council
• Barristers are bound by the cab-rank rule to represent a client one the brief has been accepted by their clerk
• Barristers have an automatic right of audience in any court in England and Wales
• Barristers are generally self-employed
• Barristers are employed indirectly by the client and work for a non-contractual fee

Role

• They represent their client in any court in England and Wales

*3.5 Evaluation

Judges

3.6 An outline understanding of the following: 

3.6.1 The judges who sit in different courts AND

3.6.2 The role of the judge in civil, criminal and appeal cases

*3.7 Evaluation

Pros

• Offers current law
• Their legally qualified

Cons

• Too few women
• Too few ethnic minorities
• Too upper-class