Criminal Courts and Lay People (BLUE BOOKLETS) Flashcards
What age is someone who is considered eligible to sit on a jury?
Between 18 and 75
How long must someone have lived in the UK in order to sit on a jury?
5 consecutive years since their 13th birthday
Where must someone’s name be in order to sit on a jury?
On the electoral register
Who will be permanent disqualified from jury service?
Anyone sentenced to 5 or more years in prison
Who will be temporarily disqualified for 10 years from jury service?
Anyone sentenced to less than 5 years in prison or on bail
Which section of which act outlines discretionary deferral from jury service?
S9 Juries Act 1974
Why might someone defer from jury service?
Exams/Work Commitments/Pre-booked holidays
Who is considered ineligible for jury service?
Any person suffering a mental illness under the mental health act 1978
Which section of which act outlines why someone might be excused from jury service?
S9 Juries Act 1974
Why might someone be excused from jury service?
Long term illness/Disability/Full time member of the forces
How many people will be selected from the electoral register to make up the jury?
15
What will be sent to the chosen 15 people from the electoral register?
Summons
Jury members are vetted for suitability, name the two types of checks
Police and wider background checks
What is the purpose of police checks?
To check for anyone who may be disqualified
What is the purpose of wider background checks?
To check for extremist views or affiliation with any terrorist groups
On the day, how many people will be chosen by the court clerk to sit on the jury?
12
The defence or prosecution has a right to _____? (Juries)
Challenge
What is a challenge to the array?
A challenge to the entire jury for being unrepresentative
What is a case example of a challenge to the array?
R v Fraser
What is a challenge for cause?
A challenge to an individual who may be disqualified or know someone in the case
Give a case example for a challenge for cause
R v Wilson and Sprason
By what two methods can a juror be sworn in?
Oath or affirmation
What does a juror promise in their oath or affirmation?
To try the case based purely on the evidence presented in court
What type of offences will be heard by the jury?
Indictable or triable either way
The jury must try the case purely based on what and where is this promised?
The presented evidence, promised in oath/affirmation
What principle came out of Bushell’s case
That nothing should influence the jury and that they do not need to give reasons for their decision
What must the jury listen to from the judge?
A summary of case, point of law guidance, the burden and standard of proof
If there is not enough evidence for conviction what might the judge do?
Direct the jury to acquit D in a ‘directed acquittal’
The jury’s decision must be kept secret as outlined in what Act?
Contempt of court act
In what cases did a jury member go against the contempt of court act and contact D/research the case?
R v Fraill
Dallas
At the end of the trial, who must the jury elect?
A foreperson
What is the role of the foreperson? (In accordance with the Juries Act 1974)
Control debate in the jury room and publicly announce the verdict in court, detailing the number of jurors agreeing/disagreeing
What is the jury’s main job?
To reach a verdict of ‘guilty’ or ‘not guilty’
What type of verdict will the judge direct from the jury?
A unanimous one (12-0)
What type of verdict can be accepted in accordance with the Criminal Justice Act 1967?
A majority (10-2)
What is a ‘hung jury’?
When less than 9 jurors agree on a verdict
What will happen in the case of a hung jury?
D will face a retrial with a new jury
