4) Juries Flashcards
What introduced Juries and who decided verdicts before hand
Mangna Carta 1215
- Agreement limiting the kings power, and instead people are tried by the people now and not the king
What is the case of the judge which tried to sway the jury to a verdict & what was decided in that case
Bushells case 1670
- Jurors are the sole arbitrators of fact
What courts are juries used in and how many sit in these courts
- Crown (12)
- KBD (12)
- Coroners (7-11)
- Country (8)
What are jurors role in the crown courts
- Try triable either way or indictable offences
-Always sit in the crown, S.44 of the Criminal Justice act 2003 states a trial can be done without a jury if there is risk of jury tampering (Heathrow Robbery Trial)
What Act outlines when a jury should be used in the coroners court & what circumstances
The Coroners and Justice Act 2009 lays out when a jury is to be used
1) Reason to suspect died in custody (violent of unnatural/cause of death is unknown)
2) Act of omission of a police officer lead to death
3) death due to notifiable accident, poisoning or disease
e.g Princess Diana
How often are juries used in civil courts
Less than 1% of the time
What act states when juries can be used in civil cases
Supreme Court act 1981
- malicious prosecution
- false imprisonment
- fraud
What act outlines basic jury eligibility criteria and what is the criteria
Juries Act 1974
- 18-75 years of age
- Lived in the uk since 13 or at least for 5 years
- on the electoral register
- deemed to be of stable mind
In which circumstances are you disqualified from jury service
- Served a sentence less than 5 years, banned for 10 years
- Served a sentence longer than 5 years, banned for life
- Where you are on bail or seeking e.g drug rehabilitation
What case defined disability within jury service
- Re Osman, disability is only a problem if it stops the person from being an effective juror
When can you get a discretionary excusal
- Just had a baby
- Booked a holiday
However, only usually delayed for 6 months and then you must do it the next time
Who was excused from jury service before 2003
- Police
- Judges
- CPS officers
What report recommend reforms abolishing the ‘excluded as or right category’
Auld Report 2001
Who as of now does not need to serve as a juror
- Members of the armed forces
- People aged between 65-75
- Those who have served as jurors in the last 2 years
Where does selection of jurors take place and what happened if you do not comply
- Computer in London at the Jury Central Summoning Bureaux
- £1,000 if do not reply
What happens after jurors are selected
Vetting
What is the process and purpose of vetting
- 2 ways of vetting DBS check and Authorised check (if case is sensitive)
- ABC Trial 1978, AG issued guidelines on how vetting should be done so judges can not abuse vetting process
Who can challenge someone being and juror and the 3 ways of doing so
- Both prosecution and defence
- Challenge to the array
- Challenge for cause
- Stand him by (Prosecution Only)
What is challenge to the array and where is the right located
- s.5 Juries Act 1974
- Challenge to the whole jury, where selection was not done at random or biased
- Romford trial where 9 out of the 12 jurors were from the same area, in fact same street
What is chellenge for cause
- Individual juror
- Juror found to be disqualified or related to victim/defendant
What is right to stand by
- Only available to prosecution
- those selected jurors put at the back of the line of potential jurors
- AG guidelines have made it clear this should only be used sparingly
- Prosecution does not have to provide reason as to why they do so
