8. Juries Flashcards
What are the qualifications for jurors?
Juries Act 1974 states you must be…
- Between 18 and 75
- Registered to vote in parliamentary or local government elections.
- Registered British or Irish citizen in the UK, Channel Islands, Isle of Man for 5+ yrs since 13th birthday.
What does the Bushell Case state?
(1670) - jury must be free to make their own decision and the judge can’t tell the jury what to decide.
What are the disqualifications for jurors?
- People serving life sentences
- Detention during Her Majesty’s pleasure
- Imprisonment for public protection
- An extended sentence
- Imprisonment for 5 or more years
What are reasons why you can be disqualified for 10 years?
- Served an imprisonment sentence
- Had a suspended sentence
- Had a community order
Who else is disqualified from jury service?
- Mentally disordered people as they may be incapable of understanding the trial or making a reasoned decision. Administering their property or affairs.
When can you be excused from jury service?
- Members of the armed forces
- Those too ill to attend or with a disability
- Mothers with young babies
- People with business appointments
- People who’ve booked holidays
Why can’t deaf people do jury service?
If they need a sign language interpreter, they can’t sit on a jury since there can’t be 13 people in the jury room.
What does McKenna case state?
(1960) - jury cannot be threatened to make decision in a certain time.
What is vetting?
Once the list of potential jurors is known, the prosecution and the defence both have the right to see it.
What are the 2 types of vetting?
- Police checks - invasion of privacy / doing their duty as its a crime to serve on a jury with a criminal offence.
- Wider background checks
What is the jury’s role in criminal cases?
Split function:
- Judge - interpret the law, manage the trial, pass sentence.
- Jury - to find defendant guilty or not guilty, jury’s decision is made in private.
- If judge believes there’s insufficient prosecution evidence in the law, he can direct the jury to find defendant not guilty.
What are majority verdicts and what do they state?
- If 2 hours have passed, judge can call jury back in and accept a majority verdict.
- States that a 10:2 or 11:1 majority is allowed.
What do majority verdicts prevent?
Jury nobbling
Secrecy of the jury room
- Discussions take place in secret.
- No inquiry into how they reached the verdict.
What does the Criminal Justice and Courts Act 2015 state?
- Criminal offence to intentionally disclose what’s discussed.
- Judge has power to ask jurors to hand in their phones.
