1.12 - Juries (new) Flashcards
State the 4 required qualifications for jury service.
Potential jurors must:
- be aged 18-70
- be on the electoral register
- be a resident in the UK, Channel Islands or Isle of Man for at least 5 years since the age of 13
- not be mentally disordered or disqualified
State the Acts that set out the qualifications for jury service.
The Jury Act 1974, as amended by the Criminal Justice Act 2003.
For what reasons may a person be disqualified from jury service?
A person may be disqualified temporarily if on bail, or for 10 years if they have received a sentence of under 5 years, including suspended/community sentences, and for life if they have received a sentence of over 5 years.
Why might a juror be discharged?
A juror may be discharged if they lack the ability to cope with a trial (blind, deaf, do not understand English).
Who does the CJA 2003 excuse from jury service and why is this problematic?
Under the CJA 2003, only military personnel can be excused from jury service. This raises the issue of bias as the judges, legal profession and police now have to do jury service.
Explain the test set by the House of Lords (R v Abdroikof) on the risk of bias.
“Whether fair minded and informed observers, having considered the facts, would conclude that there was a real possibility that the tribunal was biased.”
What is a discretionary referral?
Anyone who has a problem with attending jury service can apply for a discretionary referral to another date if there is good reason e.g. ill.
Explain how a jury is formed.
Computers are used to produce a random list of potential jurors from the electoral register every fortnight. Summonses are sent out and a jury panel is produced from that list, which is made public to both sides; only the names and addresses are shown. The jury for a particular case is chosen by a random ballet in open court; the clerk has each panel member’s name in a card, the cards are shuffled and the first 12 names are drawn. These 12 persons will be sworn in unless there are any challenges.
How many jurors are there in criminal cases?
There are usually 12 jurors and there must never be fewer than 9.
How many jurors are there in civil cases?
There are 8 and 12 jurors for the County and High Courts respectively.
What is jury vetting?
Jury vetting is where potential jurors are checked for suitability. There are 2 types of getting - police checks for criminal convictions e.g. R v Mason and checks on juror’s background and political beliefs but only in national security or terrorism cases with the permission of the Attorney-General.
Explain 3 reasons why jurors may be challenged.
- Challenge for cause: either side may challenge for cause, disqualification or assumed bias e.g. R v Wilson and R v Sprason where the wife of a prison officer was part of a jury panel who convicted 2 defendants, who had been on remand at Exeter prison where her husband worked, of robbery.
- To the array: under s5 Juries Act 1974, either side may challenge the whole jury on the grounds that it has been chosen in an unrepresentative or biased way e.g. in a trial at the Old Bailey in 1993, this was used when 9 out of 12 jurors were from Romford of which 2 lived on the same street.
- Stand by: only the prosecution may ask jurors to stand by for the Crown. In practice, no reason needs to be given and occurs as a result of information obtained by jury vetting.
