Chapter 6 - Trial by Jury Flashcards
On what aspect(s) of a case is a jury required to decide?
In theory, the jury is required to decide the facts of a case, and the extent of any penalty (or, in civil cases, any award of damages), should one be applied.
In reality, however, a jury’s verdict is a decision of mixed fact and law, as the members of the jury decide, in the light of their understanding of the law as explained by the judge, whether to find the accused guilty or not guilty (or, in civil cases, for the claimant or for the defendant).
In a criminal trial, what powers does the judge have to direct the jury to return a specific verdict?
While it is permissible for the judge to direct the jury to acquit the defendant, he has no power under any circumstances to direct a conviction.
In broad terms, what circumstances will lead to a person being disqualified from serving on a jury?
Criminal convictions, either severe or recent.
From what list does the Jury Central Summoning Bureau work?
The annual electoral register.
Which bodies have discretion to excuse the attendance of a person summoned for jury service?
The Jury Central Summoning Bureau and the court before which a person is summoned to attend for jury service.
In what percentage of criminal cases are juries in fact used?
In theory, the jury is used in the only two per cent of criminal trials which take place at the Crown Court.
In practice, however, the jury is used even less than this, in fewer than one per cent of criminal trials, because 70 per cent of defendants at the Crown Court plead guilty and do not need a jury trial.
When and why is jury vetting permissible?
Jury vetting is permissible only if the case involves national security, where the evidence is likely to be heard in camera, in whole or in part, or in a case involving terrorism.
This is because in these cases the statutory safeguards of majority verdicts and the imposition of criminal liability on a disqualified person may not be sufficient to ensure the proper administration of justice.
A potential juror’s political beliefs may be so biased as to interfere with his fair assessment of the facts of the case or lead him to exert improper pressure on his fellow jurors.
And, in security cases, there is a danger than a juror may reveal evidence given in camera.
Before a majority verdict can be accepted by the trial judge, what information must be given by the foreman of the jury (a) where the verdict is “guilty”, and (b) where the verdict is “not guilty”?
a) Where the verdict is “guilty”, the foreman of the jury must state in open court the number of jurors who agreed and disagreed with the verdict.
b) Where the verdict is “not guilty”, there is no requirement to state the number of jurors who agreed and disagreed.
What must the trial judge tell a jury before permitting it to separate prior to reaching its verdict?
The trial judge should remind members of the jury
- that the case must only be decided on the evidence and the arguments presented in court
- that the evidence has been completed and that it would be wrong to seek or receive further information of any sort about the case
- that the case must not be discussed with anyone except other members of the jury in the jury rooom
- that when they leave court they should try to put the case on one side until they return to court and get to the jury room to begin or continue their deliberations.
What is the legislative status of section 43 of the Criminal Justice Act 2003?
Section 43 of the Act, which sought to allow cases of serious or complex fraud to be tried without a jury if certain conditions were satisfied, was repealed by the Protection of Freedoms Act 2012.
In what civil cases is there a (qualified) right to trial by jury?
There is a right to trial by jury where there is a charge of fraud against a party, and in claims for libel, slander, malicious prosecution, or false imprisonment.
What are the chief legal barriers to seeking information from jurors about the deliberations of the jury on which they have sat?
The common law confidentiality rule and s. 8 of the Contempt of Court Act 1981.
