Civil Jury

Question 0

What is defamation? And what act abolished trail by jury for defamation claims of £10,000 or less?

Answer 0

Defamation- Libel or Slander

The Defamation Act 1996- these can now be heard by a single judge

Question 1

What are the 4 right to a civil jury under the Supreme Court Act 1981 S69(1)?

Answer 1

1. Fraud
2. Defamation
3. Malicious Prosecution
4. False Imprisonment

Question 2

What is the courts discretion?

Answer 2

To order and other action to be tried by jury but this is unusual. Juries are rarely allowed for personal injury claims. In the QBD of the high court parties can apply to the judge for trail by jury.

Question 3

What is the composition of a civil jury?

Answer 3

• Selected for criminal juries
• A county court will use 8 jurors- but this is rare
• A high court will use 12

Question 4

Problems caused by a civil jury…

Answer 4

1) Defamation is a difficult tort to prove
2) Juries recognise and favour rich and famous defendants/claimants
3) Cost- jury adds cost of civil cases

Question 5

Role of the jury- what is their first role?

Answer 5

To find a verdict on the facts in serious criminal cases in the Crown Court
Judge- advises on the law and sums up, e.g. What the law is, what rules of evidence apply
Jury- finds on the facts, e.g. Has D broken the law?

Question 6

Role of the jury- what is their second role?

Answer 6

Secrecy of the jury room

• Before Verdict, once they are the jury room jurors may not communicate with anyone except the judge and court officials until after the verdict is delivered
• After Verdict (S8 Contempt of Court Act 1981) jurors are not allowed to reveal anything said during the decision making process. It is contempt of court to ask a juror a question.
• Sequestering the court can ask what happened outside the jury room when a jury is put in a hotel for the night. They should not continue their deliberations out of the jury room.

Question 7

What are the advantages of secrecy in the jury?

Answer 7

1. Encourages free speech in the jury room.
2. Protects the jurors from media influence.
3. Ensures the verdict is final and not debated.
4. If the public knew how jurors reached a decision they may not respect it.

Question 8

Disadvantages of secrecy?

Answer 8

1. It is harder to research and reform the jury system.
2. Jurors may be bullied in the jury room.
3. No 13th person can be in the jury room. So no deaf jurors are allowed as they can’t have an interpreter.
4. Jurors cannot justify or explain their verdicts.

Question 9

Describe a majority verdict.

Answer 9

The judge can request a unanimous verdict
Jury can reach a verdict ‘within reasonable time’ (no less than 2 hours 10 minutes)
12 jurors- 11-1 or 10-2 accepted
11 jurors- 10-1 accepted
10 jurors- 9-1 accepted
9 jurors- 9-0 accepted

Question 10

Describe intimidation (jury nobbling).

Answer 10

CJ&PO Act 1994 S51- it is an offence to intimidate or threaten to harm any witness or juror.
Criminal Procedures & Investigations Act 1996 S54- the high court can set aside an acquittal and order a re-trail if in the interests of justice where the acquittal is tainted

Question 11

Describe discharge of the jury.

Answer 11

The judge may discharge the jury or and individual juror (illness).
Once the jury has given the verdict it is discharged. The judge may discharge any juror to prevent perversion of justice.
A juror gave the D a lift to court each day- judge discharged the juror.

Question 12

What are the advantages to a civil jury?

Answer 12

1) Public have confidence in public participation.
2) 12 heads is better than one when it comes to giving a verdict.
3) Jury equity- jurors are not bound by the law and return a perverse verdict by judging according to their conscience.

Question 13

What are the disadvantages of a civil jury?

Answer 13

1) Using electoral register is unfair and the selection process is costly.
2) Lack of understanding and high acquittal rate.
3) Perverse decisions allow the jury to indicate their disapproval of a person or law

Question 14

What is Bushell’s Case 1670?

Answer 14

JURIES MUST BE INDEPENDENT
Quakers met and talked about religion, judge wanted them to be guilty, jury kept ruling case not guilty, judge got angry, fined the D for wearing hats as sentenced them to prison for not paying fine, judge sent jury to prison until they said they were guilty

Question 15

What are the 3 jury qualifications?

Answer 15

JURIES ACT 1974 as amended by CRIMINAL JUSTICE ACT 2003

1. Aged 18-70 (75 from 2014 due to primary legislation)
2. On the electoral register
3. Resident in the uk, channel island or Isle of Man for 5 years since aged 13

Question 16

What are the grounds for a judge to disqualify a member of the jury?

Answer 16

If they’ve had life imprisonment, detention at her majesty’s pleasure, imprisonment for protection of the public, extended sentence, imprisonment/detention for 5 years or more
Disqualified for 10 years or more if you’ve served a sentence in the last 10 years, suspended sentence in 10 years, community order/penalty in the last 10 years

LACK OF CAPACITY:
The judge can only discharge someone if he is satisfied that the disability (due to language or disability blind or deaf) means that the juries is not capable of acting effectively

Question 17

Who can be excused from jury service?

Answer 17

Serving members of the armed forces if certified by a commanding officer. Before CJA 2003 too many people were being excused.

Mentally disordered people, a person who suffers or has suffered from a mental illness. A person for the time being under guardianship under S7 Mental Health Act 1983 or has been determined by a judge to be incapable of administrating his property and affaires.

Discretionary refusals- where jury service presents particular short-term problems may be allowed to defer it but will very rarely be excused altogether.

Conflict of interest- jurors cannot sit in a particular case if he has any connection with it.

Question 18

What is the process of selecting a jury?

Answer 18

A random list is produced from the electoral register. Summons are sent out, potential jurors must declare any reason why they may not serve for 2 weeks.

Question 19

What is jury vetting?

Answer 19

Both sides in a forthcoming case are allowed to see the list of names and addresses (not occupations). Vetting is limited as it means the jury is not fully random and invades privacy.

Routine police checks to eliminate those disqualified.
R V SHEFFIELD CROWN COURT EX PARTE BROWNLOW 1980- D were police officers and D wanted to vet the jury for past convictions. Judge allowed vetting.

The jurors background- wider test
A-G guidelines 1988- the prosecution can only check the background of jurors:
A) where the case involves national security
B) Where the case involves terrorism

Question 20

What happens at the selection at court?

Answer 20

A jury panel (15 people) is brought into open court when a D pleads not guilty. The clerk randomly picks 12 names.

1. Both parties can challenge the array of the whole panel, on the basis the selection was biased
2. Both parties can challenge for cause (a reason), they don’t understand English, they are disqualified, they are known to the D
3. The prosecution may stand by a juror. If jury check or jurors appearance reveals they are unsuitable for the task they may be asked to stand for the crown, WITHOUT REASON, until whole panel except last 12 are exhausted. Reason must then be given for the last 12. PEREMPTORY CHALLENGE-right for D to challenge up to 3 jurors without given reason was abolished in 1989.

Question 21

What is the oath or affirmation?

Answer 21

If the juror is unchallenged he takes his place in the jurors box and takes the oath.