Deck 12: Lay Justice

Question 1

All new clerks to the justices must be legally qualified.

Answer 1

True

Question 2

Which of the following is not entitled to sit in the Crown Court without special permission?

A) Puisne Judge of the Queen's Bench Division
B) Lord Justice of Appeal
C) Recorder
D) District Judge (Magistrates' Court)

Answer 2

B

Question 3

Every judge, including Puisne Judges, have to be given specialist training before they are entitled to sit on certain trials, e.g. sex offences.

Answer 3

False

Question 4

How many classifications of offences are there for Crown Court business?

A) 2
B) 3
C) 4
D) 5

Question 5

In a trial on indictment the judge has responsibility for both the law and the facts and is assisted by a jury.

Question 6

Who has control over the management of a case in the Crown Court?

A) Presiding Judge
B) Senior Circuit Judge at the Court
C) Trial Judge
D) Counsel, but they must consult the Trial Judge.

Question 7

You are counsel for the defence. You listen whilst counsel for the prosecution address the judge and you realise that they are citing a case that you know has been overruled. If the judge rules as the prosecution ask it will be favourable to your client. You are entitled to keep silent and not correct prosecuting counsel because your duty is to your client and it is only when you mislead the court is this duty displaced.

Question 8

Which Act of Parliament sets out the means-testing rules in relation to funding defence cases?

A) Legal Aid Act 2011
B) Access to Justice Act 2012
C) Legal Aid, Sentencing, and Punishment of Offenders Act 2012
D) Coroners and Justice Act 2009

Question 9

If a defendant is acquitted, they are entitled to reclaim their legal costs in full.

Question 10

Section 308 of the _____ Act permits a defendant to plead guilty by post to any summary-only offence.

Question 11

In the case of _______ the House of Lords held that a judge does have the discretion to try an offender in his absence in a trial on indictment.

Question 12

A person must be 'ordinarily resident' in the UK for how many years in order to qualify for jury service?

A) 1 year
B) 5 years
C) 10 years
D) 15 years

Question 13

A serving police officer may sit on a jury.

Question 14

A person who is sentenced to three years' imprisonment is disqualified from sitting on a jury for how long?

A) 5 years
B) 10 years
C) 20 years
D) For the rest of their life.

Question 15

The courts have held that Article 6 of the ECHR (Right to a Fair Trial) does not allow a judge to alter the racial constitution of a jury panel.

Question 16

It is not possible for a judge to dismiss an individual juror. If he believes there has been impropriety he must dismiss the whole jury.