CRIMINAL COURTS AND LAY PEOPLE -Juries 8 Marker PAPER 1 Flashcards
Explain how jurors qualify and are selected for jury service - 8 marker
S1 juries act 1974 outline who is eligible
State requirements (3)
Mental disorders preventing jury service
Disqualifications
Incapable
Excusals
Names randomly generated by computer
12 out of 15 names selected by court clerk .
Jurors qualify and selected 8 marker - eligibility’s and mental disorders
Must be
. 18-75 years old
. On electoral register list
. Must be a uk resident for at least 5 years consecutively since 13th birthday
Mental disorders preventing are psychopathic disorders or residents of an institution or hospital
Jurors qualify and selection 8 marker - disqualification, incapable and excusals
Juries act 1974 amended by CJA 2003 disqualifies those with criminal convictions
. Permanent- served a life sentence, 5 years + prison sentence
. Temporary (10 years disqualification) - on bail, prison sentence less than 5 years
Incapable if deaf or vision impaired
S9 allows people to be excused or deferred if they have a “good reason”
. Religious holidays
. Exams
. Childcare commitments
Explain the role of the jury in a crown court trial - 8 marker
. Jury of 12 lay people will hear indictable offences and triable either way offences were D pleads not guilty.
. Jury is sole decider or verdict and must only used evidence given by prosecution and defence and would have sworn to do so under oath or affirmation
. Crime to research a case eg Attorney general v Dallas - received prison sentence. Judge cannot influence decisions (bushels case)
. Jury must listen to judges summary and guidance given on point of law. Listen to burden and standard of proof. If they have a question they write on paper snd give to usher who gives to judge.
. Jury make decision in private secret room. contempt of court act 1981 says they must not disclose any info. in AG v Fraill, the juror received prison sentence for telling info to gf
. Foreman/women selected to control discussions and read verdict in court. If only 10 agree there will be a re trial as in. r v Jenkins