1.6 Criminal Process - Laypeople - Juries

Question 1

What did the following say about juries?
1. Magna Carta
2. Lord Devlin
3. Lord Blackstone

Answer 1

• Magna Carta 1215 – ‘trial by one’s peers’
• Lord Devlin – ‘the lamp that shows freedom lives’
• Lord Blackstone – ‘the cornerstone of the legal system’

Question 2

Jury - History

Answer 2

• Trial by jury is an ancient and democratic institution within the legal system, which provides an opportunity for the lay person to participate in the administration of justice.

Question 3

What is a jury made up of?

Answer 3

• Juries consist of 12 randomly selected members of the public.

Question 4

Role of juries / when are they used?

Answer 4

To decide verdict of guilty/not guilty in criminal cases where defendant pleads not guilty and to decide liability and amount of damage in civil cases.

• In criminal cases, they sit in the Crown Court for indictable and triable either way cases.
• Jury considers fact; judges consider the law. Juries should come to a unanimous decision (12-0) but a majority (11-1, 10-2) will be considered.
• Majority verdicts of 10-2 or 11-1 are permitted at the judge’s discretion

Question 5

What are the role of a Jury in Criminal cases

Answer 5

Criminal juries sit in the crown court for either indictable offences or triable either way offences, where the defendant either chooses the crown court or the magistrates court refuse jurisdiction.
In these criminal cases the role of the jury is to listen to ay and all of the evidence provided in court such as witness testimony, DNA and CCTV evidence and more in order to reach a decision of either guilty or not guilty.

Criminal juries make up only 7% of all criminal cases. The judge will ask for a unanimous verdict among the 12 jurors in order to prove guilt of a suspect, meaning they are all in agreement, however majority verdicts are also accepted as long as they are either 11-1 or 10-2, if 3 or more jurors decide the D is not guilty, they will be acquitted as it is no longer seen as ‘beyond reasonable doubt.

There are strict rules imposed by Jurors. Jurors must deliberate (talk) in secret for at least 2 hours and 10 minutes to discuss their decision among themselves. They must only use the evidence provided (R v young) and any notes made by them must be destroyed after the end of the trial.
Juries represent society in criminal cases through public participant and trial by peers.

Question 6

What are the role of a Jury in Civil cases

Answer 6

The role of a civil Jury is slightly different. This is because they have a dual role as Civil juries decide on both the liability of the D and what damages the claimant should receive in compensation for these damages.

A civil Jury will sit in the county or High court and are commonly used for cases of wrongful imprisonment, malicious prosecution and fraud.

Civil juries are rarely used for libel or slander cases after the Defamation Act 2013 – this is because too often the damages rewarded in these cases were widely disproportionate to the actual defamation.

Question 7

Role of Jury in a Coroners Court

Answer 7

A jury in a coroner’s court has the role of deciding on cause of death, where a death has occurred in suspicious circumstances. This could be death in police custody, prison or a death which concerns public health and safety. Verdicts include unlawful killing and accidental death.
Examples are the death of Princess Diana.

Question 8

Who are juries governed by?

Answer 8

• Governed by the Juries Act 1974 as amended by the Criminal Justice Act 2003 and further amended by the Criminal Justice and Courts Act 2015.

Question 9

Jury eligibility

Answer 9

Eligibility:
Under the Juries Act 1974 as amended by the Criminal Justice Act 2003 and the Criminal Justice and Courts Act 2015, potential jurors must be:
* aged between 18 and 75
* registered on the electoral register (to vote)
* resident in UK for at least 5 years since their 13th birthday.

Question 10

What would disqualify someone from sitting on a jury?

Answer 10

You will be disqualified from jury service if you:
* are mentally ill
* have serious criminal convictions
* are currently on bail
* have been convicted of an offence under the Criminal Justice and Courts Act 2015.

Discretionary excusals are permitted, but rather than opting out of jury service, the potential juror will defer their service to a later date.

Question 11

Advantages of a jury

Answer 11

• Lay involvement ensures public confidence (questionable today!) “the lamp that shows that freedom lives” – Lord Devlin.
• Random selection ensures a cross-section of society, which should be neutral.
• Open justice – justice is seen to be done.
• Privacy of decision-making process – no outside pressure.
• Society’s verdict of conscience brings equity and democracy: R v Ponting.
• Juries are not accountable to anyone and don’t have to give reasons.
• Decision based on verdict of twelve rather than a prosecution-minded judge or magistrate.
• The jury is independent and can never be pressured by a judge to return a guilty verdict:
  Bushell R v Wang.

Question 12

Disadvantages of a jury.

Answer 12

• Lack of intelligence and inability to understand the evidence: R v Pryce.
• Slow and expensive (having to explain points of law).
• Perverse/irrational verdicts: acquittal rates much higher than magistrates’ court. Dr Penny Derbyshire regards them as “irrational and haphazard” - R v Young.
• Bias/prejudice: They take into account irrelevant factors, for example race, appearance, good oratory of counsel as well as performance of witnesses - R v Alexander and Steen.
• Compulsory jury service is often resented and unpopular.
• The Contempt of Court Act 1981 and secrecy of the jury room bars any effective research.
• Increasingly, juries are conducting research into the case/defendant using the internet/Facebook - AG v Davey and Beard.
• Jury vetting and challenging undermine random selection in practice: R v Mason.