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Year 1 A level Law AQA Textbook > 14-Juries > Flashcards

14-Juries Flashcards

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1
Q

What did magna carta say that is relevant to juries?

A

Person’s right to trial by ‘the lawful judgement of his peers’.

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2
Q

Key points in the historical development of juries.

A

1215- Magna Carta recognises right to trial by ‘lawful judgement of peers’

1670-Bushell’s Case (1670) est. independence of the jury (attempt to imprison jurors was successfully appealed against)

1960-R v McKenna (1960) More modern version of Bushell’s case.

1974-Juries Act 1974-consolidated law relating to juries.

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3
Q

Bushell’s Case (1670)

What is the significance of this case to juries?

A

Principle: established the independence of the Jury.

Facts: Members of jury that did not agree with decision were arrested but this was deemed to be incorrect as the jury is independent.

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4
Q

What historical case established the independence of the jury?

A

Bushell’s Case (1670)

Facts: Members of jury that did not agree with decision were arrested but this was deemed to be incorrect as the jury is independent.

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5
Q

What case is a modern example of the principle that the jury is independent?

A

R v McKenna (1960)

Facts: Judge threatened jury with a time limit saying they’d be locked in all night if they didn’t. Held to be unsafe ruling when jury found D guilty.

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6
Q

R v McKenna (1960)

What is the case an example of?

A

Modern example of principle of independent jury.

Facts: Judge threatened jury with a time limit saying they’d be locked in all night if they didn’t. Held to be unsafe ruling when jury found D guilty.

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7
Q

What Act consolidated the laws concerning Juries?

A

Juries Act 1974

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8
Q

What are the basic quals jury members must have?

A

1) Aged 18-75
2) Registered voter
3) Ordinary UK resident for at least 5 years after 13th birthday.

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9
Q

What circumstances disqualify someone from being on a jury?

A

1) Certain serious prisoners and offenders-permanent DQ
2) Certain prisoners and offenders-10 year DQ
3) Mental disorders-s1-3 CJA 2003 explains rules for this.

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10
Q

What offences or sentences will DQ someone from jury service permanently?

A

1) Imprisoned for life
2) Extended sentence
3) Prison 5 years or more

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11
Q

What offences or sentences will DQ someone from jury service for 10 years?

A

1) Any prison in last 10 years
2) Suspended sentence in last 10 years
3) Community order in last 10 years

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12
Q

What Act sets out the circumstances that someone with a ‘mental disorder’ is DQ’d from being on a jury?

A

s1-3 Criminal Justice Act 2003

In conjunction with Mental Health Act 1983

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13
Q

What specific sections in the Criminal Justice Act 2003 explain the conditions that DQ someone from jury service on grounds of mental illness?

A

s1-Mental illness that means:

(a) -resident in a hospital
(b) -regularly attends treatment

s2-under guardianship under s7 Mental Health Act 1983
s3-can’t admin own affairs under s7 Mental Health Act 1983

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14
Q

R v Williamson (2007)

What is the significance of this case to juries?

A

Demonstrates: that police officers and other admins of justice on juries can be possible risk of bias.

Facts: Police officer from same station as officer on case.

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15
Q

What case demonstrates that there can be a risk of bias if police or other admins of justice are on juries?

A

R v Williamson (2007)

Facts: Police officer from same station as officer on case.

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16
Q

Hanif v UK (2012)

What is the significance of this case regarding juries?

A

Demonstrates: that even if police on jury is legal, can still be seen as unfair trial.

Facts: Police man on jury knew key witness and D was found guilty-guilty verdict found to be in contravention of Article 6 ECHR (right to a fair trial).

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17
Q

What are the ways jurors can be vetted?

A

1) Police checks-R v Mason (1980)

2) Wider background checks-for national security ABC Trial 1978

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18
Q

What case is an example of vetting the jury by police checks?

A

R v Mason (1980)

Facts: Police doing routine background checks on jurors were found to be working within their remit.

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19
Q

R v Mason (1980)

What does this case demonstrate regarding juries?

A

Demonstrates: police vetting-1 form of vetting juries.

Facts: Police doing routine background checks on jurors were found to be working within their remit.

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20
Q

What case is an example of how vetting jurors by background check should not be done?

A

ABC Trial 1978

Facts: 2 journalists and a soldier charged with collecting secret int. Was discovered jury was vetted for their loyalty which was deemed to be unfair.

After this, the Attorney-General published guidelines on how background checks on jurors should be done.

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21
Q

What were the conditions set by the Attorney-General (AG) following the case of ABC Trial 1978 for how to vet a jury via background check?

A

1) Exceptional circumstances only like national security risks and terrorist cases.
2) Can only be carried out with AG’s permission.

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22
Q

What are the available methods of challenging a jury?

A

1) Challenge to the array-s5 Juries Act 1974; ‘Romford Jury 1993’
2) Cause e.g. a juror knows a witness or key figure in case
3) Prosecution right to stand by (put aside) jurors

23
Q

What is a ‘challenge to the array’ regarding juries?

A

Challenging a whole jury on the grounds that it was selected in such a way to make it unfair.

24
Q

Challenging a whole jury on the grounds that it was selected in such a way to make it unfair.

What is this a definition of?

A

‘Challenge to the array’

25
Q

Under what act and section does the right exist to challenge the jury by means of a ‘challenge to the array’?

Example when this right was used successfully.

A

s5 Juries Act 1974

Romsford Jury 1993

26
Q

s5 Juries Act 1974

What is the significance of this act and section to juries?

A

Gives the right to challenge a jury on via a ‘challenge to the array’.

27
Q

An example when the rights conferred under s5 Juries Act 1974 were successfully utilised?

A

Romsford Jury 1993

‘Challenge to the array’ of a jury

28
Q

What Courts are juries used in?

A

Crown Court where D has pleaded not guilty

29
Q

What does a judge decide in a case where there is a jury?

A

The point/s of law

30
Q

What does a jury decide in a case?

A

The facts of the case

Points of law directed by the judge

31
Q

What is ‘directed acquittal’?

A

When judge decides there is insufficient prosecution evidence and the jury are directed to find D not guilty.

32
Q

When judge decides there is insufficient prosecution evidence and the jury are directed to find D not guilty.

What is this a definition of?

A

Directed acquittal

33
Q

What is the minimum standard of agreement between jurors?

A

Unanimous

Unless deliberations have lasted over 2 hours in which case a minimum of 9:1 guilty (10 rather than 12 accounting for jurors who take ill or die)

34
Q

Some advantages of jury trial?

A

1) Public confidence
2) Jury equity (freedom to choose decision)-Ponting’s Case (1984)
3) Open system of justice
4) Secrecy of the jury room (can be disadvantage too)
5) Impartiality-random selection etc.

35
Q

What case supports the advantage of ‘Jury Equity’ that the jury has freedom of decision?

A

Ponting’s Case (1984)

Facts: Civil servant disclosed info on the sinking of the Belgrano for ‘public interest’ and jury decided this was fair despite judge advising them the jury there was no defence.

36
Q

Ponting’s Case (1984)

What is the significance of this case regarding juries?

A

Demonstrates ‘Jury Equity’-an advantage to jury system.

Facts: Civil servant disclosed info on the sinking of the Belgrano for ‘public interest’ and jury decided this was fair despite judge advising them the jury there was no defence.

37
Q

Some potential disadvantages of jury trial?

A

1) Perverse decisions-R v Randle and Pottle (1991)
2) Secrecy-R v Mizra (2004)
3) Racial bias-Sander v UK (2000)
4) Media influence-R v Taylor and Taylor (1993)
5) Lack of understanding-legally
6) Jury tampering-R v Twomey (2009)

38
Q

What case demonstrates a potential disadvantage of juries being that they can come to perverse decisions?

A

R v Randle and Pottle (1991)

Facts: Historic offence where D’s helped a spy escape prison and even wrote of their exploits only for the jury 25 years later decide D’s were not guilty despite overwhelming evidence.

39
Q

R v Randle and Pottle (1991)

What is the significance of this case regarding juries?

A

Demonstrates: a potential disadvantage to juries as they can come to perverse decisions.

Facts: Historic offence where D’s helped a spy escape prison and even wrote of their exploits only for the jury 25 years later decide D’s were not guilty despite overwhelming evidence.

40
Q

What case demonstrates that the secrecy that juries are entitled to can be a disadvantage to jury trial?

A

R v Mizra (2004)

Facts: Jury developed ‘theory’ about D regarding D’s interpreter and based decision on this theory. Jury member alerted D team but jury could not be investigated.

41
Q

R v Mizra (2004)

What does this case demonstrate regarding juries?

A

Demonstrates: that the juries entitlement to secrecy can be a potential disadvantage to juries.

Facts: Jury developed ‘theory’ about D regarding D’s interpreter and based decision on this theory. Jury member alerted D team but jury could not be investigated.

42
Q

Contrasting case to R v Mizra (2004) in that it provides an exception to the rule that there is secrecy for juries.

A

R v Young (1995) Provides exception to the rule that of secrecy of the jury.

Facts: Jury members met in hotel room during a multi-day case and decided to go of the evidence provided by a Ouija board do convict a D. Was allowed to be investigated as this happened out of Court hours.

43
Q

R v Young (1995)

What is this case an example of regarding juries?

A

Example of: contrasting case with R v Mizra (2004) in that the jury was questioned on its decision making.

Facts: Jury members met in hotel room during a multi-day case and decided to go of the evidence provided by a Ouija board do convict a D. Was allowed to be investigated as this happened out of Court hours.

44
Q

What case shows that there is a risk of racist bias in juries therefore constituting a disadvantage to jury trial.

A

Sander v UK (2000)

Facts: Juror admitted to making racist remarks towards the D amongst jury.

45
Q

Sander v UK (2000)

What does this case demonstrate regarding jury trial?

A

Demonstrates: a potential for racist bias in juries.

Facts: Juror admitted to making racist remarks towards the D amongst jury.

46
Q

What case shows that there can be potential for media influence over juries?

A

R v Taylor and Taylor (1993)

Facts: Case of 2 sisters charged with murder, press released a video that a false impression of the facts-conviction was quashed.

47
Q

R v Taylor and Taylor (1993)

What does this case demonstrate regarding jury trial?

A

Demonstrates: a potential disadvantage to jury trial in the form of ‘media influence’ over a jury.

Facts: Case of 2 sisters charged with murder, press released a video that a false impression of the facts-conviction was quashed.

48
Q

What case was the first to be without a jury due to powers granted under a certain Act?

What was the Act?

A

R v Twomey (2009)

s44 CJA 2003

Facts: Attempted tampering of the jury meant that powers granted under the above named Act were utilised-no jury was not used.

49
Q

R v Twomey (2009)

What is the significance of this case regarding jury trial?

A

First case to not use a jury.

Facts: Attempted tampering of the jury meant that powers granted under the above named Act were utilised-no jury was not used.

50
Q

The case of R v Twomey (2009) used what Act to implement a no jury trial?

A

s44 CJA 2003

51
Q

s44 CJA 2003

What does this statute provide for regarding jury trials?

A

That there does no have to be a jury if there has been an attempt to tamper the jury previously.

52
Q

What case uses the provisions under s44 CJA 2003 to implement a no jury trial?

A

R v Twomey (2009)

First case not to have a jury on these grounds.

53
Q

Comparisons and distinctions between lay Magistrates and Juries.

A

1) Juries can represent a broader section of society-as there are more people and selected at random
2) Magistrates are a cheap alternative to judges and are still more ‘qualled’/ trained than a typical juror.

54
Q

What case shows that having police on a jury legally, can still be regarded an unfair trial in breach of Article 6 ECHR-Right to a fair trial?

A

Hanif v UK (2012)

Facts: Police officer notified court he knew a key witness but was allowed to remain as a jury member.

Year 1 A level Law AQA Textbook (22 decks)

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