Juries and Magistrates
By Pav, Mark and Emily
Exam Checklist
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The selection and role of juries.
Dismissal/excusal of juries
Selection at court
The juries role in both civil and criminal cases
The selection and role of magistrates
Training of mags
Pros and cons of using lay mags
Mission impossible…
• You have 2 minutes to complete mission
impossible!
• http://www.youtube.com/watch?v=XAYhNHhx
N0A
Exam question
• Describe the different roles juries
have in civil and criminal cases.
(18 marks)
• A01 – Marked on Knowledge and
understanding of Law
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• LEVEL 1 – 1-5MARKS
• LEVEL 2 - 6-10 MARKS
• LEVEL 3 – 11-14 MARKS
• LEVEL 4 15-18 MARKS
Break down of the question
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A description of the role of the jury in both criminal and civil cases and the process for making decisions
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CRIMINAL CASES:
In the crown court the role of the jury is to decide the verdict meaning whether the defendant is guilty or
not guilty – in serious cases
They have to listen to all the evidence thoroughly and take notes if need be. The judge will give a summary
of the case to the jury
They decide questions of fact. The judge are able to advise them on questions of law
In secret the jury retire to a the jury room and discuss the case and come to a unanimous decision if
possible or a majority decision at least 10:2 or 11:1
They do not need to justify the reason for the verdict
CIVIL CASES:
The jury here is rarely used- around 10 and under cases per year mainly in defamation cases in the High
Court
Jury trial is only available for four types of cases in either the High Court or County Court, these are:
Defamation, False imprisonment, Malicious prosecution and fraud
These cases are only retained as they deal with character or reputation
If the evidence think that the evidence is complicated, trial by jury can be refused
Allowed in personal injury cases in the High court in exceptional circumstances- case WARD V JAMES 1966.
But personal injury cases since that case have nt been deemed exceptional so none have had juries
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WARD V JAMES 1966.
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C’s injuries resulted in quadriplegia when the car in which he was a passenger (in
Germany) was involved in an accident.
Held: Lord Denning MR;
"It (trial by jury) has been the bulwark of our liberties too long for any of us to seek
to alter it. Whenever a man is on trial for serious crime or when in a civil case a
man’s honour or integrity is at stake... then trial by jury has no equal."
Up to the year 1854 all civil cases in the courts of common law were tried by juries.
There was no other mode of trial available. Since 1854 trial by jury in civil cases
has gradually lessened.
In personal injury cases trial by jury has given way to trial by judge alone unless the
case is exceptional…
Because:
Assessability, because personal injury damages to some extent are necessarily
conventional and are based on a "tariff" known to lawyers;
Uniformity, so that similar injuries would attract similar damages no matter in
which court they were awarded;
Predictability, to encourage the parties to settle their claim outside the court.
Help with revision…
• To help with revision its best to have a good
memory…
• You have to create a story in your head with
the following pictures then present your story
in class.
Its easy…
• Cheryl Cole went into nandoes to buy an ice
cream, instead she ended up in burger king
having a cat fight with Alan Carr.
• Now do the same for law topics; for example
jury summons…
• You receive jury summons
within 7 days you need to
reply otherwise you receive a
£1000 fine and your
devastated by your bank
balance.
• Now you will be given a
concept where you have to
remember all pictures shown
and then memorise the
scenario…
• Winner will be awarded
Felicity
• Felicity applies to be a
magistrate BUT her
application is declined
because she's bankrupt!